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State's Homes for Mentally Ill Adults Violate ADA, Judge Rules

"A Brooklyn federal judge ruled yesterday that New York state's policy of housing mentally ill adults in large "adult homes" violates the Americans with Disabilities Act. Eastern District Judge Nicholas G. Garaufis declined to issue an injunction until both sides - the state and plaintiff Disability Advocates Inc. - proposed remedies. Disability Advocates initiated the suit on behalf of more than 4,300 mentally ill people living in 28 New York City adult homes."

Appellate Division Review

Wednesday, September 9, 2009

By E. Leo Milonas and Frederick A. Brodie

E. Leo Milonas and Frederick A. Brodie, partners at Pillsbury Winthrop Shaw Pittman, discuss recent appellate decisions of interest that touch on topics such as the legislative and executive branches' widely publicized failure to enact a long-overdue increase in salaries for New York judges, the viability of claims of fraud based on deliberate spoliation of evidence, the transfer of securities endorsed by a person who had not yet been adjudicated incompetent, Governor Paterson's appointment of Richard Ravitch as Lieutenant-Governor, and more.

Law and Children

Wednesday, September 9, 2009

By Andrew Schepard

Andrew Schepard, a professor of law at Hofstra University School of Law and director of the Center for Children, Families and the Law, reviews a recent decision from the New Jersey Supreme Court which held that parents' joint, informed decision to arbitrate a custody dispute is within the scope of their constitutionally protected right to raise their child and that custody arbitration awards should be subject to only the same circumscribed judicial review applied to other arbitration awards, a holding which contrasts sharply the ambivalence of New York courts toward arbitration of child custody disputes.

OUTSIDE COUNSEL:

Use of Acquitted Conduct In Federal Sentencing

Wednesday, September 9, 2009

By Eric Tirschwell and Michael Eisenkraft

"Eric Tirschwell, a partner at Kramer Levin Naftalis & Frankel, and Michael Eisenkraft, an associate with the firm, explore the more persuasive legal and policy reasons for forbidding sentencing courts from increasing a defendant's sentence based on one or more crimes of which he was acquitted at trial, and suggest specific arguments that can be made by practitioners within the Second Circuit whose clients face such an unfortunate prospect."

Foreclosure

Wednesday, September 9, 2009

By Bruce J. Bergman

"Bruce J. Bergman, a partner with Berkman, Henoch, Peterson & Peddy, writes that while protecting borrowers (where that may genuinely be needed) is a worthy endeavor, delaying foreclosures and planting land mines to impede the foreclosure process is far less palatable and a recent decision may serve to emphasize the divergence of these two concepts."