Family Law Civil Procedure

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Illinois Supreme Court to Decide Whether Self-Critical Analysis Privilege Exists in Illinois

We continue our previews of the civil cases accepted for review in the closing days of the Illinois Supreme Court’s March term with Harris v. One Hope United, Inc. In Harris, the First District declined to recognize the...more

Could it be that the Uniform Trust Code would effectively immunize the trustee of a revocable inter vivos trust from liability for...

Section 603 of the Uniform Trust Code provides that while a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries, such as the equitable remaindermen, are subject to the control of,...more

What Are Requests For Admission And How Can They Help My Divorce Case?

Requests for Admission are written statements of fact which are submitted to an adverse party in a divorce proceeding which that party is required to admit or deny. They can be an effective and efficient way to establish...more

Affidavit of Support (I-864) Enforceable Despite Pre-Nup, Divorce and Potential Marriage Fraud per California Court

Most people who immigrate through family sponsorship (and a few that immigrate through employment sponsorship) must have a sponsor that agrees to make sure they do not rely on public benefits. This sponsorship is...more

Settlement Agreements: What if Your Former Spouse is Not Complying?

Going through the divorce process is extremely difficult. Remembering that “this too shall pass” is a mantra that clients often find helpful. Unfortunately, not all divorces end upon receiving the Final Judgment of Divorce....more

Illinois Supreme Court Holds Custody Evaluator's Fees Not Court Costs Under Dismissal Statutes

On Thursday, the Illinois Supreme Court handed down its decision in In re Marriage of Tiballi, answering a question of potential importance to domestic relations practitioners: are the fees of a court-appointed psychologist...more

Appellate Court Notes - Week of March 19

AC35167 - Perugini v. Giuliano: Pro se husband sued his ex-wife’s lawyers claiming violation of the RPC and intentional infliction of emotional distress for failure to disclose the attorney’s past representation of the...more

Spanish Court Two Condominium and Three Other Civil Opinions on Thursday

The Illinois Supreme Court has announced that it expects to file opinions in four civil cases on Thursday morning, March 20. Among the new opinions will be one of the two most anxiously awaited cases on the court’s advisement...more

Hot Employment Topics For 2014 Part II: After The Defense Of Marriage Act? Implications For Employee Benefits

This is the second of a seven-part series describing "Hot Employment Topics for 2014." Part II focuses upon "The Aftermath of the Demise of the Defense of Marriage Act." The United States Supreme Court in 2013 struck...more

High Court Employee Benefits Cases: A Review and Look Ahead

Having settled into the new year, we reflect on decisions from the U.S. Supreme Court in 2013 that are likely to have a significant impact in the world of pension and welfare employee benefits and, in some cases, already have...more

Illinois Supreme Court's March Docket Announced

The Illinois Supreme Court has published its docket for the March term in Chicago. The civil cases on the Court's docket include...more

What's Pending on the Illinois Supreme Court's Advisement Docket?

As we near the opening of the March docket, it's time to take a look at the civil cases that are argued and pending for decision before the Illinois Supreme Court. The Court is quite up-to-date on its docket at the moment,...more

End Game in the Fight Over Same Sex Marriage? [Video]

Mar. 1, 2014 -- New York Law School Professor Arthur Leonard talks about how the current round of litigation could be the beginning of the end of the legal battle to allow same sex couples to get married. Leonard also...more

Must Live In New Jersey To Use New Jersey Courts

Recent decision has impact for traveling athletes,and that is if you do not live in New Jersey, you cannot have New Jersey courts modify your court orders. Superior Court Judge Sohail Mohammed, in a ruling released...more

California Court Issues Non-Competition Order

Covenants not to compete have been in legislative disfavor in California since 1872. This animus is currently codified at Section 16600 of the Business and Professions Code which provides that with certain statutory...more

Argument Report: Does Voluntarily Dismissing a Custody Petition Mean You Get Hit With The Psychologist's Fees?

In our detailed summary of the underlying facts and lower court opinions in In re Marriage of Tiballi, we wrote that the question presented was whether a parent who voluntarily dismisses a custody petition can be hit with the...more

Spendthrift & Discretionary Trusts in Florida: Further Analysis of Berlinger v. Casselberry

In Berlinger v. Casselberry, Case No. 2D12-6470, 6 (Fla. 2d DCA Nov. 27, 2013), the Florida Second District Court of Appeal upheld a writ of garnishment issued by a trial court against the trustee of a discretionary trust...more

Fast Five: Rhode Island Appellate Practice - February 2014

TRIAL COURTS MAY NOT CIRCUMVENT SUPREME COURT’S EXCLUSIVE JURISDICTION TO ENLARGE TIME FOR APPEAL. In an order this term, the Rhode Island Supreme Court held that the Family Court exceeded its authority when it vacated...more

Legal Alert: The 2013 Tax Litigation Year in Review: Important Events

As we look forward to 2014, we take a look back at the top 10 important tax controversy issues making the news in 2013 that may have continuing importance in the future....more

Windsor and Hollingsworth: Shifting Tides in the Battle for Marriage Equality

Of all of the Supreme Court decisions in recent years, few have drawn more public interest (or outcry, depending on an individual’s political school of thought) than United States v. Windsor and Hollingsworth v. Perry and few...more

Illinois Supreme Court to Hear Arguments in Five Civil Cases This Week

The civil portion of the Illinois Supreme Court’s argument docket for the January term begins tomorrow morning at 9:30 a.m. in the Court’s temporary courtroom on the 18th floor of the Michael A. Bilandic Building, 160 N....more

Utah Same-Sex Marriages and Private Employers

Recent Federal Court decisions regarding Utah’s same-sex marriage laws have placed private employers in unchartered waters. Many private employers are now asking themselves: Am I required to extend benefits to same-sex...more

Unreported Foreign Gifts and Divorce

In a recently released Chief Counsel Advisory (CCA) the IRS addressed the statute of limitations on assessment of penalties for failure to report gifts from foreign persons. The CCA states...more

Sanctions for Retaining Non Admitted Co Counsel Are Not Proper

In Marriage of Bianco, the California Court of Appeal for the Fourth Appellate District overturned a sanctions award of attorney fees. The award was rendered in a family law dispute....more

Federal District Court (In Its Capacity As An Employer) Must Reimburse Employee for the Cost of Health Benefits for her Same-Sex...

The Ninth Circuit Judicial Council, an administrative body that reviews decisions of the court’s chief judge, recently weighed in on an issue involving same-sex domestic partner health benefits in the post-Windsor world. The...more

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