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Beneficiary must arbitrate claims against trustee (access required)

Published: May 20, 2013

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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 (access required)

Published: May 13, 2013

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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 (access required)

Published: May 7, 2013

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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 (access required)

Published: April 17, 2013

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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 (access required)

By: Kimberly Atkins
Published: April 16, 2013

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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 (access required)

Published: April 15, 2013

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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 (access required)

Published: April 1, 2013

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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 (access required)

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 (access required)

By: Kimberly Atkins
Published: March 26, 2013

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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 (access required)

Published: March 19, 2013

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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.

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