FAMILY LAW CASES
In the Matter of the Accounting by Fleet Bank
People v. Rolon
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New York Court of Appeals, March 13, 2008
In the Matter of the Accounting by Fleet Bank, No. 27
Relying on strong policy considerations that applied in Matter of Best, 66 N.Y.2d 151 (1985), the Court of Appeals finds that a child adopted out of a family by strangers does not share in the proceeds of class gifts to the biological parent's issue created by 1926 and 1963 irrevocable trusts.
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California Appellate Districts, March 11, 2008
People v. Rolon, No. B197488
A parent has a duty to protect his or her young child and may be criminally culpable on an aider and abettor theory for an assault causing death and on an implied malice theory for murder where the parent fails to take reasonably necessary steps for the child's protection, so long as the parent, with ability to do so, fails to take those steps with the intent of facilitating the perpetrator's assaultive offense.
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