Robert G. Smith - AttorneyCall Today - 212-499-0940 - Free Consultation
HomeMission StatementAttorney ProfileLitigation NewsletterResourcesContact UsPractice Areas
Printer-Friendly Form
E-Mail This Page

Latest News

 

Business

[03/10] Greek strike to shut down services Thursday
[03/10] Oligarch wins suit against Russian broadcaster
[03/10] World stocks up modestly; pound takes another hit
[03/10] Nationalized UK bank Northern Rock back in profit
[03/10] Meatpackers say inspection cuts are shortsighted

More...

Real Estate

[03/09] Attorney Richard D. Vetstein's The Massachusetts Real Estate Law Blog Cracks Top 100 List
[03/09] Origen Financial Announces Preliminary Unaudited Fourth Quarter and Full Year 2009 Results
[03/09] Habitat for Humanity of Tennessee Hits 3,000 House Milestone
[03/09] University of Illinois Private Residence Hall Locks in Housing Cost for Four Years
[03/09] CRIC Reports Fourth Quarter and Full Year 2009 Results

More...

Alternative Dispute Resolution

[02/12] Justices adopt Fla. foreclosure mediation rules
[01/26]

More...

Civil Rights

[03/10] Female World War II aviators to be honored
[03/10] Dozen same-sex couple tie knot in DC
[03/09] Texas judge rescinds anti-death penalty ruling
[03/09] Washington weddings begin for same-sex couples
[03/09] A policy change on abortion, but how radical?

More...

Crime

[03/10] Calif. jury recommends death for serial killer
[03/10] Conviction vacated for Mass. man who ran over duck
[03/10] Pa. woman's indictment shows evolution of terror
[03/10] Son: Ohio State shooting survivor getting better
[03/10] Ohio State shooter complained bosses were unfair

More...

CPSC Recalls

[03/09] Gerber Legendary Blades Recalls Machetes Due to Laceration Hazard
[03/04] Risk of Strangulation Prompts Recall to Repair Roman Shades by Ethan Allen
[03/03] LELEsCompany Recalls Children's Hooded Sweatshirt Sets with Drawstrings Due to Strangulation Hazard
[03/03] Outdoor Lighting Fixtures Recalled by American Electric Lighting Due to Shock Hazard
[03/03] Children's Bracelets Recalled by Chandigarh Fashion Due to Violation of Lead Paint Standard

More...

Consumer Products

[03/10] National Consumer Protection Week Special Report
[03/10] Runaway Prius driver: Brakes were 'almost burned'
[03/10] Tainted ingredient sold after salmonella found
[03/10] Police probe Toyota Prius crash in NYC suburb
[03/10] Bank of America ends overdraft fees on debit cards

More...

Case Summaries

Family Law

[03/05] People v. Warwick
Conviction of defendant of child abuse and neglect and jury's true finding on the enhancement that she personally inflicted great bodily injury on her child is affirmed as, when she gave birth to her son in her bedroom and concealed the birth causing severe injuries, defendant inflicted great bodily injury on her child.

[03/05] Doe v. S. Carolina Dep't of Soc. Servs.
In a 42 U.S.C. section 1983 action brought by a minor child and her adoptive parents against defendant, an Adoption Specialist with the South Carolina Department of Social Services (SCDSS), alleging violations of their substantive due process rights under the Fourteenth Amendment and state law claims against SCDSS under the South Carolina Tort Claims Act (SCTCA), judgment is affirmed in part, vacated in part, and remanded where: 1) when a state involuntarily removes a child from her home, thereby taking the child into its custody and care, the state has taken an affirmative act to restrain the child's liberty, triggering the protections of the Due Process Clause and imposing "some responsibility for the child's safety and general well being"; 2) because it would not have been apparent to a reasonable social worker in defendant's position that her actions violated the Fourteenth Amendment, she is entitled to qualified immunity; 3) prospective adoptive parents have no substantive due process right to the disclosure of a child's history of sexual abuse; and 4) district court's grant of defendants' motion for summary judgment on the state law claims for gross negligence against SCDSS is vacated and remanded for consideration of the applicability of section 15-78-60(25).

[03/04] In re E.O.
Juvenile court's denial of a father's request for presumed father status is affirmed as the only provision of Family Code section 7611 that might possibly apply is subdivision (d) which states that a man is a presumed father if he "receives the child into his home and openly holds out the child as his natural child," and here, the father did not establish that he came within this or any of the categories set forth in Family Code section 7611.

[03/03] Mendoza v. Ramos
In a father's petition to modify custody and support orders of his four children, the court's judgment is affirmed where: 1) trial court's refusal to attribute income because the mother was receiving CalWORKs was proper; and 2) the father's rights were not violated as neither parties requested testimony.

[02/26] In Re Marriage of MacManus
In marital dissolution proceedings, trial court's order reallocating back child support to back spousal support is affirmed as, the order was not an abuse given the trial court's broad discretion to consider the "big picture" concerning the parties' assets and income available for support in light of the marriage standard of living.

More...

Call Today 212-499-0940 Free Consultation