RightSignature – Sign Documents Online
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Premium plans are available for volume use; but the free plan seems adequate for a solo or small firm. YMMV.
JURIST – Paper Chase: New York court rules family court lacks jurisdiction over same-sex child support
Hat tip to:
Christian Ehret -Author of Jurist Note
[JURIST] A New York state appeals court ruled [opinion text] that a family court does not have jurisdiction over a child support claim against a same-sex partner with no legal or biological ties to the child. In an opinion released Tuesday, the court ruled that a family court of limited jurisdiction has not been specifically authorized to entertain such claims. Although the court cited precedent that recognizes a person who neither fathered nor adopted a child as a parent under an implied contract to support the child and equitable estoppel, the court pointed out that the doctrine of equitable estoppel is only applied in such cases to adjudicate a male as a father of a child and not for determining a child’s mother.
CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW, LABOR & EMPLOYMENT LAW
Haywood v. Drown, No. 07-10374
In a 42 U.S.C. section 1983 action by a prisoner, judgment for Defendant-Officers is reversed where Correction Law section 24, as applied to Section 1983 claims, violates the Supremacy Clause, because New York’s policy of shielding correctional officers from liability for conduct performed in the scope of their employment is contrary to Congress’s judgment that all persons who violate federal rights while acting under color of state law shall be held liable for damages.
CRIMINAL LAW & PROCEDURE
Abuelhawa v. US, No. 08-192
Drug distribution conviction is reversed and the case remanded, where Defendant’s drug purchases from a third party over the phone constituted misdemeanors, because using a telephone to make a misdemeanor drug purchase does not “facilitate” felony drug distribution in violation of 18 U.S.C. section 843(b).
CRIMINAL LAW & PROCEDURE
Montejo v. Louisiana, No. 07-1529
Capital murder conviction is vacated, where Michigan v. Jackson, 475 U.S. 625 (1986), is overruled, because requiring an “initial invocation” of the right to counsel in order to trigger the Jackson presumption might work in states that require an indigent defendant formally to request counsel before an appointment is made, but not in more than half the states that appoint counsel without request from the defendant.