News
[03/11] 1 killed, many homes damaged in Arkansas tornadoes
[03/11] 2 Marine fighter pilots rescued; SC crash probed
[03/11] Woman cited in icy Ohio crash that flipped officer
[03/11] Highway deaths drop to lowest levels since 1950s
[03/11] NY man dies after police use stun gun on him
[03/10] Feds probe Toyota Prius crash in NYC suburb
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Articles
Understanding Mediation
Mediation, which can be described as "assisted negotiation," is the fastest growing Alternative Dispute Resolution (ADR) method. Courts in many jurisdictions now require that disputes be mediated before they will be heard in court. Mediation differs from arbitration; in mediation, the parties create their own settlement terms with the assistance of a neutral mediator. The mediator's job is to keep the parties conversing about their issues and to move them toward an agreement. To accomplish this, the mediator engages in discussions with both parties to identify the core issues and possible options to solve those issues. At the same time, the mediator tries to obtain an agreement on minor issues to move the discussion forward. The mediator may propose various settlement options or suggestions when appropriate. Lawyers do not have to be present during mediation. However, they may be a part of this process, they can point out the risks of the various settlement proposals and help the parties focus their energies on solutions that best meet their legal needs. Mediation is not binding unless the parties reach an agreement and the agreement is approved by the court.
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Guardians ad Litem (GAL) in Child Custody Cases Frequently Asked Questions
In a child custody case, the guardian ad litem (GAL) is an attorney appointed by the court to represent the best interests of the parties' children. Guardian ad litem are generally attorneys who have agreed to take such appointments by the courts in their area. In each specific case, it is presumed that the guardian ad litem has no bias against either party or any preconceived notions regarding the outcome of the case.
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What Factors May the Court Consider When Awarding Custody?
Custody does not have to go to one parent (sole or primary custody); joint/shared/split custody may be an option as well. There are two types of joint custody. If parents have joint legal custody, they each have equal rights to make major decisions for their child/children and must agree on these decisions. Some examples of major decisions are schooling, religion, healthcare, discipline, bedtime, age of driving and other activities. If parents have joint physical custody, the time each child spends with the parent is split equally. It is also possible for parents to have joint legal custody and not joint physical custody. Then the child may spend less time with one parent, such as weekends, holidays or other specified time periods. Different jurisdictions have statutes regarding joint or split custody with their own requirements. However, commonly, the courts look at the fitness of each parent, their ability to cooperate with each other, the child’s relationship with each parent and each parent's desire to be involved in the child’s life.
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Frequently Asked Questions on Bankruptcy and Divorce
Financial problems are often cited as the highest stressors in marriage. A recent study found that it is considered the causative factor in a relatively low number of divorces. When divorce enters the picture, a couple's money problems may be transformed into bankruptcy issues.
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Case Summaries
[03/05] Rhine v. Stevedoring Servs. of Am.
In a petition for review of a decision of the Benefits Review Board under 33 U.S.C. section 921(c) of the Longshore and Harbor Workers' Compensation Act, the petition is denied where: 1) a reasonable mind could have concluded that the Pacific Maritime Association Average adequately represented petitioner's annual earning capacity; and 2) the availability of alternative employment was determined by reference to two criteria: the claimant's physical abilities and the economic availability of particular jobs in the market.
[03/03] City of Laguna Beach v. California Ins. Guarantee Ass'n
In a city's action against an insurance company seeking reimbursement for incurring workers' compensation liability that exceeded its self-insured retention, grant of insurance company's motion for summary judgment is affirmed where: 1) the addition of subdivision (c)(13) to Ins. Code section 1063.1 did not abrogate Denny's Inc. v. Workers' Comp. Appeals Bd., 104 Cal.App.4th 1433 (2003); 2) the trial court properly invoked the Denny's rule when it granted summary judgment and concluded that the city cannot obtain reimbursement from defendant under section 1063.1(c)(13) as, although this provision renders the obligation of an insolvent excess workers' compensation insurer a "covered claim" that defendant must ordinarily reimburse, defendant need not reimburse a permissibly self-insured employer for benefits paid to an employee for cumulative injury if the employer's liability is based in part on a period of time when the employer was self-insured and chose not to buy excess insurance for the particular risk.
[02/26] Lara v. Workers' Comp. Appeals Bd.
Workers' Compensation Appeals Board's decision against the petitioner and in favor of the defendant is affirmed as, the petitioner, hired twice in the space of 12 months to prune bushes for a diner, was not an employee of the diner at the time he sustained injury, but rather, he was an independent contractor exempt from workers' compensation coverage.
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[03/09] San Francisco Hous. Auth. v. SEIU Local 790
Superior court's order vacating an arbitration award in its entirety on the ground that the the award is contrary to layoff provisions of the memorandum of understanding (MOU) between the parties is reversed as the remedy imposed by the arbitrator did not conflict with clear and explicit language of the MOU and it was rationally related to the breach identified.
[03/09] Equal Employment Opportunity Comm'n v. Hosanna-Tabor Evangelical Lutheran Church & Sch.
In an employment discrimination and retaliation action brought by a teacher at a religious school claiming violations of the ADA, the district court's grant of summary judgment in favor of the defendant based on the "ministerial exception" is vacated and remanded as, given the factual findings relating to plaintiff's primary duties as a teacher, the district court erred in its legal conclusion classifying her as a ministerial employee.
[03/08] McBeth v. Himes
In a 42 U.S.C. section 1983 action arising out of an investigation by the sheriff's office and the Colorado Department of Human Services that resulted in plaintiff surrendering her license to run a daycare facility in Colorado, partial summary judgment based on qualified immunity to defendant-officials is affirmed in part where: 1) plaintiff voluntarily relinquished her license before any suspension proceedings could take place; and 2) defendants made a prima facie showing that they acted objectively reasonably when they sought suspension of plaintiff's daycare license. However, the order is reversed in part where plaintiff failed to allege and prove that the state officials lacked cause to seek suspension of her license.
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