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Wednesday, April 13, 2011

Y! Alert: NYLJ.com


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Richard Green (Fine Paintings) v. McClendon Top
Woman Loses Breach Suit Over $4.2 Million Painting; E-Mails Satisfied Statute of Frauds
 
New Rule on Garnishment, Venue Provisions, Statute of Limitations Top
In his Debtor-Creditor Law Wrap-Up, David M. Barshay, a member of Baker, Sanders, Barshay, Grossman, Fass, Muhlstock and Neuwirth, writes that Second Circuit recently considered whether a debt collector violates the FDCPA's venue provisions by suing a consumer in a city court in the State of New York when the city court lacks power to hear the action because the consumer does not reside in that city or a town contiguous by land thereto, regardless of whether the debtor resides in the same county in which the city court is located.
 
Banks Pledge More Control of Lawyers in Foreclosures Top
 
New York Legal Aid Groups Brace for Life After Cuts in LSC Funds Top
 
Judge Suppresses Gun Evidence Over Troubling Police Testimony Top
 
Pay: News In Brief Top
 
Judge Strikes Ban on Students' 'Boobies' Bracelets Top
 
Correction Top
 
Matter of Drucker v. Commissioner, NYS Div. of Housing & Comm. Renewal Top
Agency Is Granted Remand to Decide if Fraudulent Deregulation Scheme Existed
 
Primestone LLC v. Lichtenstein Top
Summary Judgment Cannot Be Granted On Cause of Action Not Pleaded
 
Matter of Gilliam v. City of New York Top
Court Finds Affirmation That Petitioner Was Not Qualified for Job Had Rational Basis
 
Garden State Automotive Group LLC v. Nissan Motor Acceptance Corp. Top
Plaintiffs Are Barred From Pleading Identical Issues as in Prior Litigation
 
M.V.B. Collision Inc. v. Allstate Ins. Co. Top
Allegedly Defamatory Statement Found 'Rhetorical Hyperbole,' Not Actionable
 
Kougianos v. Nassau County Dept. of Public Works Top
Court Rejects Bid to File Late Notice of Claim Despite Misidentification of Defendant
 
Reed v. Continental Guest Services Corp. Top
Court Orders Conference to Address Deficiencies in Proposed Class Settlement
 
Wasim v. Summit Security Services Inc. Top
No Evidence Employer Orchestrated or Encouraged Bias Against Muslim Guard
 
United States v. Bonventre Top
Judge Rejects Claims That 'Frozen' Funds Were to Pay Defense Counsel in Madoff Case
 
STMicroeletronics v. Credit Suisse Group Top
Fraud Claims Proceed Against Parent Firm Based on Acts by Subsidiary's Brokers
 
Strom v. National Enterprise Systems Inc. Top
Statements Detailing Personal Experience After Collector's Calls Should Be Admitted
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: Electronic Discovery and Vanishing Text Messages Top
Scott J. Farrell, a partner at Rigrodsky & Long, and Gina M. Serra, an associate in the firm, write that as the use of vanishing text messages becomes more common, it is increasingly important for practitioners to be aware of the unique electronic discovery challenges they pose—both to effectively litigate cases and to avoid potential sanctions for spoliation.
 

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