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The Legal Intelligencer

A 'See You in Court' Mentality May Stifle Good Lawyering

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.
5 minute read

Daily Report Online

Disability Benefits Were Non-Marital Property Not Subject to Equitable Division in Divorce, Georgia Supreme Court Rules

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.
8 minute read

New York Law Journal

Matter of Levi

Evidence Established Remaining in Adoptive Parents' Custody in Child's Best Interest
2 minute read

The Recorder

In re A.G.

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…
5 minute read

New York Law Journal

Divorce and U.K. Pension Rights

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?
10 minute read

New York Law Journal

Matter of Bhanmattie H. v. Roxanne H.

In Best Interest Court Awards Primary Legal, Physical Custody of Child to Grandmother
2 minute read

New York Law Journal

Matter of Kaiden W. (Phalyn W.)

ACS Establishes Child's Injuries, Risk of More Serious Injury Rose to Level of Abuse by Mother
3 minute read

The Legal Intelligencer

In re BGR, PICS Case No. 17-0762 (C.P. Lycoming Apr. 21, 2017) McCoy, J. (10 pages).

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.
5 minute read

The Legal Intelligencer

In Re Adopt ion of L.B.M., PICS Case No. 17-0886 (Pa. March 28, 2017) Wecht, J., Saylor, C.J. (concurring), Baer, J. (dissenting) (31 pages).

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.
7 minute read

The Legal Intelligencer

Leicht v. Leicht, PICS Case No. 17-0888 (Pa. Super May 30, 2017) Lazarus, J. (7 pages).

The trial court did not err in awarding wife alimony indefinitely since her potential eligibility for government-subsidized programs did not eliminate husband's support obligations. The Superior Court affirmed a trial court order awarding wife alimony indefinitely.
3 minute read

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