Beneficiary must arbitrate claims against trustee 
Published: May 20, 2013
Tags: arbitration, wills and trusts
A trust beneficiary was bound by a trust arbitration provision when suing a trustee for misappropriation of assets, the Texas Supreme Court has ruled in reversing judgment.
Court-appointed psychotherapist needn’t report child abuse
Published: May 13, 2013
Tags: child abuse reporting, juveniles, psychotherapist-patient privilege
A psychotherapist sought by the defense in a juvenile proceeding was not required to comply with a state law requiring the reporting of child abuse to authorities, the California Court Appeal has ruled in reversing judgment.
Mother’s same-sex spouse must be listed as parent
Published: May 7, 2013
Tags: artificial insemination, birth certificate, same-sex marriage
The state was required to issue a birth certificate naming a mother’s same-sex spouse as the parent of a child born during the marriage, the Iowa Supreme Court has ruled in affirming judgment.
Wrongful death proceeds not subject to child support claim
Published: April 17, 2013
Tags: child support, wrongful death
Settlement proceeds from a wrongful death action were not subject to a claim for a child support arrearage owed by the decedent, West Virginia’s highest court has ruled in affirming judgment.
Emotional and fiery arguments in Indian adoption case
By:
Kimberly Atkins
Published: April 16, 2013
Tags: adoption, custody, Indian Child Welfare Act, tribal law, U.S. Supreme Court
WASHINGTON – During oral arguments that were heated and at times emotional Tuesday, the U.S. Supreme Court considered whether the Indian Child Welfare Act trumps state law in a contested adoption.
The justices at times talked over each other and the lawyers often raised their voices during arguments in Adoptive Couple v. Baby Girl.
Court-appointed expert isn’t immune from suit
Published: April 15, 2013
Tags: breach of contract, expert witnesses, judicial immunity, professional liability
A court-appointed expert was not immune from liability for allegedly failing to provide contracted-for services in a divorce case, the Oklahoma Supreme Court has ruled in reversing a dismissal.
Divorced woman can’t share in pension benefits
Published: April 1, 2013
Tags: ERISA, pension, QDRO, qualified domestic relations order
A divorced woman waited too long to obtain a domestic relations order to enforce her right to 50 percent of her former husband’s pension benefits, the Minnesota Supreme Court has ruled in affirming judgment.
DOMA could be in peril
By:
Kimberly Atkins
Published: March 27, 2013
WASHINGTON – The justices of the U.S. Supreme Court seemed poised on Wednesday to strike down the federal Defense of Marriage Act as an unconstitutional intrusion on the authority of states to regulate marriage.
Justices tackle California gay marriage case
By:
Kimberly Atkins
Published: March 26, 2013
Tags: same-sex marriage, U.S. Supreme Court
WASHINGTON – During heated arguments at the U.S. Supreme Court over California’s voter-approved constitutional amendment banning same-sex marriage, the justices verbally tussled with attorneys arguing over the law’s constitutionality — but also hinted that the case could have a surprise ending.
Justice Anthony M. Kennedy and other justices pointed out the lack of data and other evidence on the effects of same-sex marriage, which has been legal in only a few places in the country for a short time, and questioned if certiorari was granted too early.
Grandmother isn’t entitled to visitation after adoption
Published: March 19, 2013
Tags: adoption, grandparent visitation
A grandmother was not entitled to visitation with her grandson following the boy’s adoption by non-relatives, West Virginia’s highest court has ruled in answering a certified question submitted by a state trial court.
