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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

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

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

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 Reaffirms Disgorgement of Advance Payment Retainers Under the Dissolution of Marriage Act

This morning, a unanimous Illinois Supreme Court strongly reaffirmed the "leveling the playing field" rules of the Marriage and Dissolution of Marriage Act in In re Marriage of Earlywine. The Act provides that a court can...more

Illinois Supreme Court To Consider FOIA, Due Process, Custody Hearings and Red Light Camera Ordinances as First Chicago Term Ends

On Wednesday morning, the Illinois Supreme Court allowed petitions for review in a long list of new civil cases, setting up interesting battles in the coming months over public works projects, the state Freedom of Information...more

Employment Law -- Sep 12, 2013

Federal Agencies Respond to Supreme Court’s DOMA Ruling - In the wake of the U.S. Supreme Court’s decision to strike down part of the Defense of Marriage Act (“DOMA”), federal agencies are starting to respond with new...more

IRS Provides Mobility To Same-Sex Married Couples

Since the U.S. Supreme Court ruled in Windsor, 133 S. Ct. 2675 (2013) that same sex married couples would be recognized for federal purposes, a question has existed as to what happens if a same sex couple married in a state...more

Citing Windsor, Two Courts Extend Spousal Rights To Same-Sex Couples Who Reside In States That Do Not Recognize Same-Sex Marriage

As we previously reported, the decision overturning the federal Defense of Marriage Act (DOMA) left open many questions, including the impact of the decision on states that do not recognize same-sex marriage. Recent decisions...more

Two Federal Courts Recognize Same-Sex Spousal Rights for Residents of States Not Permitting Same-Sex Marriage

Obergefell v. Kasich and Cozen O’Connor v. Tobits may reflect a growing trend of courts and other bodies to recognize same-sex marriages validly celebrated elsewhere even if the couple’s current state of residence does not...more

Fenwick Employment Brief - July 2013

In a favorable decision for employers, the U.S. Supreme Court in Vance v. Ball State University ruled that employers are strictly liable for harassment by a supervisor where the supervisor is empowered to take tangible...more

Legal Byte: Attorney Vacations & the Court’s Calendar

You need a vacation, but, other counsel is being difficult. What is the law? ...more

Supreme Court Dismisses California's Proposition 8 Same-Sex Marriage Case

Sidestepping a highly divisive issue, the U.S. Supreme Court ruled yesterday that it lacked authority to decide on the merits whether an initiative passed by California voters limiting marriage to opposite gender couples...more

Some Changes for Employers in Connecticut After Supreme Court’s Ruling…And What Doesn’t

Yesterday, the U.S. Supreme Court struck down a key provision of the Defense of Marriage Act. The SCOTUSBlog has done an admirable job with the recaps and if you want more information about that decision, you should really...more

Passage Of Controversial Law Could Tarnish Florida’s Reputation As International Dispute Resolution Center

You may not have heard of the think tank called the American Public Policy Alliance (APPA), or its “American Laws for American Courts” initiative, which “was crafted to protect American citizens’ constitutional rights against...more

Illinois Supreme Court to Issue Final Four Civil Opinions on Friday Morning

This morning, the Illinois Supreme Court announced that it will issue four more civil opinions on Friday morning to close out 2012. The upcoming decisions deal with issues as diverse as res judicata and absolute immunity,...more

Langarica v. County of Los Angeles

Appellate Opinion

After hospital staff got into a dispute with Appellant, Antonio Langarica, the hospital defendants convinced the social worker defendants that Antonio had a bad attitude and needed to be brought into line. They then worked...more

Second Circuit Finds DOMA Unconstitutional

Executive Summary: On October 18, 2012, the U.S. Court of Appeals for the Second Circuit ruled that section 3 of the federal Defense of Marriage Act ("DOMA"), which defines marriage as "a legal union between one man and one...more

Legal Byte: Can non-signatories be bound by an arbitration clause?

In California a person who is not a party to a contract containing a mandatory arbitration clause may still be compelled to arbitrate whether that non-signatory is a plaintiff or a defendant. ...more

Legal Byte: Is judicial legal advice the same as an advisory opinion?

This Legal Byte analyzes whether a judge's advice to a litigant or an attorney is the same as an "advisory opinion." Citations to case law are provided. Thank you. Alan Goldberg alangoldberglaw@gmail.com Appeals, civil...more

Legal Alert: First Circuit Finds the Defense of Marriage Act (DOMA) Unconstitutional

Executive Summary: On May 31, 2012, the Boston-based First U.S. Circuit Court of Appeals ruled that part of the federal Defense of Marriage Act ("DOMA"), which denies federal benefits to same-sex married couples, is...more

Matter of Matter of Deon S.-G. (Romel S.-G.)

Appellate Decision

An Appeal-which unfortunately I lost-from a Queens Family Court Order entering a finding of neglect against the Respondent. Issues brought up: a.) Sufficiency of Evidence b.) Attorney misrepresentation c.)...more

Legal Byte: Recusing a Judge After He/She has Made Rulings

This Legal Byte analyzes whether a judge may be recused after the judge has made rulings in your case....more

Hamilton v. Lethem

Opinion of the Court

The Hawaii Supreme Court has issued a unanimous opinion in Hamilton v. Lethem, No. SCWC-27580 (Jan. 7, 2012). The issues in the case revolve around the due process rights of parents in civil TRO proceedings in Family...more

Weatherspoon v Evans

Petition To Terminate Child Support

When DNA results proved that the individual was not the biological father, the Petition To TerminateChild Support was initiated in order to prevent further child support collections...more

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