A Visual Refresher Course on Expert Testimony is the book you will actually use. Expert testimony puzzles even seasoned attorneys and experienced judges. This Visual Refresher Course simplifies understanding with a practical approach to mapping the expert’s argument and assessing…
Blimey: moralistic blame did not strengthen marriage across the pond
CNN reports on the United Kingdom’s move away from only fault-based divorce requiring proof of “unreasonable behavior” or years of living apart and moving toward a no fault divorce system. Jack Guy writes (excerpt): Experts say current rules can make…
Alternatives to traditional divorce litigation
Peggy Drexler writes about the amicable Amazon divorce for Jeff and MacKenzie Bezos: “A Google search for ‘amicable divorce’ returns more than 6 million results, with everyone from the American Psychological Association to divorce attorneys weighing in.” Unlike other articles,…
Parenting plans for divorce and paternity
The AAML developed a downloadable parenting time brochure labeled “Child Centered Residential Guidelines.” The Guidelines provide some information and options for developmentally appropriate parenting plans. They consider the “best interests of the child,” a standard applied in many States to…
Marriage is for Old Folks? U.S. Supreme Court says No, disagrees with Nina Simone
From today’s United Supreme Court decision in OBERGEFELL v. HODGES Justice Kennedy offers these comments on marriage (excerpt): . . . Marriage is sacred to those who live by their religions and offers unique fulfillment to those who find meaning…
Writing “longer, easier to understand — and grumpier” court decisions
The New York Times notes three trends in U.S. Supreme Court opinions (length, clarity, tone) and references Brown v. Board of Education’s 4,000 words with Citizens United’s 48,000 words. The article discusses a linguistic software study scheduled for publication in…
From courtroom to the capitol: Fathers rights in custody cases
The Wall Street Journal covers the push for legislation in about 20 states to give fathers more child custody rights in divorce cases.
A Journey: From nursing to foster caring to parenting to individual adoptions to family
Senior Judge Bernard A. Friedman issued his decision after trial in DEBOER v SNYDER, Civil Action No. 12-CV-10285 (E.D. Mich. 2014). He determined that the Michigan Marriage Amendment, a 2004 voter-approved amendment to the Michigan Constitution prohibiting same-sex marriage, is…
Annulling a marriage because of “fraud”
FindLaw shows the traditional and the modern approaches to annulments based on allegations of fraud. Joanna L. Grossman writes (excerpt): In Part One of this series, I discussed the traditional approach to defining fraud as a ground for annulment, which…
To fault or to no-fault: That is the question
The New York Times covers the topic of divorce lawyers discovering evidence from social networking sites. Included is a comment about the role of fault in a no-fault divorce. Nadine Brozan writes (excerpt): “No-fault does not mean that fault is…
Footnoting button pushing, wedding gifts, infidelity gene, Hell’s Angels, a finger, jackass, emails, “stupid person”
Ontario Superior Court Justice J.W. Quinn wrote some interesting footnotes to his decision in Bruni v. Bruni, 2010 ONSC 6568 (COURT FILE NO.: 384/07; November 29, 2010): [2] At one point in the trial, I asked Catherine: “If you could…
Separating parenting and paying: In re Beck
The Michigan Supreme Court released its decision in Department of Human Servs v Beck (In re Beck), Case No 140842 (12/20/10). The Court determined that a parent whose rights were terminated continues to have a child support until a court…
The social network enters the courtroom
Findlaw explains how your social networking postings may become subject to discovery in litigation. Eric Sinrod writes (excerpt): In the case of Romano v. Steelcase, a New York judge ruled that defendant Steelcase was entitled in discovery to access the…
Putting a tracking device on a car: Beware
Any surveillance issue requires special caution and consideration before action is taken. There are a variety of federal and state laws that may be implicated by wiretapping, eavesdropping, and electronic monitoring, and each law has its own set of remedies,…
How confidential are e-mails sent while at work?
ABAJournal.comreports on the privilege afforded to a federal prosecutor whose private e-mail to his own lawyer was sent from a government computer at work. Martha Neil writes (excerpt): Because he is allowed to use his work e-mail account for personal…
Just how temporary is the custody awarded to Michael Jackson’s mother?
The New York Times adds a little context to the looming custody issues following Michael Jackson’s death and the apparent change of heart by Debbie Rowe toward 12-year-old Michael Joseph Jackson Jr. and 11-year-old Paris Michael Katherine Jackson, 11. [An…
What happens when a former spouse never changes his beneficiary designation
The United States Supreme Court’s decision in KENNEDY v. PLAN ADMINISTRATOR (January 26, 2009) confirms that ERISA plans must follow ERISA. In footnote 10, the Court revealed what would happen in Michigan: the Plan would pay the former spouse, and…
New Rule 502: Inadvertent disclosure of attorney-client privilege and work product materials
The Federal Rules of Evidence will see a new rule addressing the disclosure of attorney-client and work-product information. New Rule 502 helps in those case where there are tremendous efforts to review voluminous documents and where inadvertent disclosure often occur.…
Taxing child support recipients: Federal law leads to Michigan withholding $25
The Grand Rapids Press explains why custodial parents in Michigan will be paying the federal government $25 per year from the child support they receive. Kyla King writes (excerpt): “The Michigan legislators determined that it would be handled in this…
COBRA coverage: keeping your health insurance after the divorce
COBRA [Consolidated Omnibus Budget Reconciliation Act of 1985] provides the right for certain employees and their dependents to purchase continuation health care insurance coverage through their employers. The act applies to employers with 20 or more employees, including certain federal…