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Wave of the Future Labor Issues
Come Monday, the matrimonial division in the Fifth Judicial District will break new ground when court reporters in central New York are replaced by recorders, the first such instance in the state where machines will formally replace people in Supreme Court. But the change is coming over the vehement objections of the local bar.Clergy Sex-Abuse Cases Make Their Way Onto Court Docket Next Term
N.Y. High Court Confronts Implications of Liability for Old Abuse Cases
The emotion-laden issue of clergy sexual abuse faced the cold calculation of the law Tuesday when New York's Court of Appeals heard pivotal arguments on whether the statute of limitations should be equitably tolled to give dozens, and perhaps hundreds, of victims their day in court. The judges, while clearly sympathetic to the raw allegations in the cases before them, appeared concerned over the Pandora's box they could open by reversing lower trial and appellate courts and permitting the cases to proceed.Liability Widens for Fetal Death Caused by Doctors
Overturning a 19-year-old precedent, the New York Court of Appeals held Thursday that a woman may recover damages for emotional distress for medical malpractice that causes a miscarriage or stillbirth, even if she personally suffers no physical injury. The ruling exposes physicians -- already infuriated over what they characterize as an out-of-control tort system -- to a new threat of litigation.Class Status Denied Parents Who Claimed Academy Misled Them
Court Finds Irrevocable Trusts Not Part of Medicaid Eligibility
A federal judge in New York judge has found that a common provision in an irrevocable trust that reserves a limited power of appointment does not render the assets of the trust available and therefore part of the Medicaid-eligibility equation. The decision is the first federal court ruling on the issue and a major victory for trust and estate lawyers and their clients.N.Y. Surgical Center Pursues Monopolization Claim Against Hospital
In a decision underscoring a national debate over the delivery of health care services, Northern District of New York Judge David N. Hurd is permitting an ambulatory surgery center to pursue a monopolization claim against a community hospital.Menter, Rudin & Trivelpiece, P.C., Syracuse (Robert G. Bennett of Counsel), For Defendants-Appellants.Gates & Adams, P.C., Rochester (Richard T. Bell, Jr., of Counsel), For Pla
Liability Widens for Fetal Death Caused by Doctors
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