By njlawjournal | New Jersey Law Journal | June 22, 2017
Venue Transfer Erroneous without Notice to State & Defendant and without Proper Deference to Presumption against Transfer
By Joni Berner | June 21, 2017
It's unfair to be too critical of lawyers who are quick to throw up their hands at preliminary junctures of civil disputes and repeat the oh-so-common mantra, "See you in court!" After all, we were trained in law school to be zealous advocates and the judicial system is geared to reward steadfast—sometimes just plain obstinate—adherence to a "strong" legal position. Consistently pounding the law, even when connection to the facts is tenuous, often results in victory and, in most situations, at least produces even odds of success.
By Steven A. Meyerowitz, Esq., Director, FC&S Legal | June 21, 2017
The Georgia Supreme Court has ruled that disability benefits issued pursuant to an insurance policy after the insured had been catastrophically injured were non-marital property and were not subject to equitable division when the insured and his wife divorced.
By newyorklawjournal | New York Law Journal | June 20, 2017
Evidence Established Remaining in Adoptive Parents' Custody in Child's Best Interest
By therecorder | The Recorder | June 19, 2017
C.A. 4th; D071620 The Fourth Appellate District reversed in part a dependency court judgment. The court held that the dependency court erred in finding…
By David Salter and Gerry Wendrovsky | June 19, 2017
David Salter and Gerry Wendrovsky write that it is well established in New York that pension rights earned during a marriage "are properly considered marital property subject to equitable distribution." But what happens when a New York matrimonial litigant's pension benefits are foreign, administered by a plan administrator outside the jurisdiction of a New York court?
By newyorklawjournal | New York Law Journal | June 19, 2017
In Best Interest Court Awards Primary Legal, Physical Custody of Child to Grandmother
By newyorklawjournal | New York Law Journal | June 16, 2017
ACS Establishes Child's Injuries, Risk of More Serious Injury Rose to Level of Abuse by Mother
By thelegalintelligencer | The Legal Intelligencer | June 16, 2017
Clear and convincing evidence supported termination of a biological father's parental rights where he had no contact with the child and failed to express any concern about her for longer than the six-month period provided by statute. The court concluded the child's welfare would be served by termination of the father's parental rights.
By thelegalintelligencer | The Legal Intelligencer | June 16, 2017
The courts erred in failing to appoint a counsel for the children in a contested TPR proceeding where the children had a guardian ad litem who was an attorney because the clear language of §2313(a) required the appointment of counsel who served the child's legal interests and a GAL, who advocated for the child' best interests, could not perform both roles. Reversed.
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