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Friday, May 6, 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
 
In Defense of the Medical Indemnity Fund Top
In their Medical Malpractice Defense column, John L.A. Lyddane and Barbara D. Goldberg, partners at Martin Clearwater & Bell, write that concerns over the new Fund, intended to provide funds to pay for the medical needs of children injured at birth, are probably not warranted: there is no reason to expect the administrator to enter the realm of medical decision-making, and it seems that health care providers will not be able to reject Fund assignments.
 
Criminal and Administrative Insurance Fraud Cases in the Courts Top
In his Insurance Fraud column, Rivkin Radler partner Evan H. Krinick writes: State and federal courts in New York have recently issued a number of significant decisions in cases involving allegations of insurance fraud. The results were decidedly mixed for the government. However, the fact that there have been so many important cases in the courts, together with at least one new major legislative development relating to criminal insurance fraud, suggests that insurance fraud may finally be gaining the attention it deserves in New York.
 
Ex-Cravath Partner, Day Pitney Attorney Nominated for Bench Top
 
Bias Case Remanded in Light of High Court's Reverse Discrimination Ruling Top
 
Effort by Dog Groups to Win Favor Under Helmsley Trust Rejected Top
 
News In Brief Top
 
Pay: At Law Day in Brooklyn, Talk of Budget Cuts, Lack of Pay Raise Top
 
Correction Top
 
Matter of P.K. v. S.M. Top
N.Y. Court Declines Jurisdiction in Custody Matter, Finds Texas Is Child's 'Home State'
 
People v. Suya Top
Defendant Convicted of Exclusion Offense Is Found Ineligible for Re-Sentencing
 
Matter of Soledad P. Top
Guardian Denied Application to Fix 'Legal Fees' on Top of Statutory Commissions Taken
 
People v. Garcia Top
Court Rules Exigency Situation Gave Rise To Warrantless Entry, Seizure of Evidence
 
Wendy B. v. Michael B. Top
Husband's Voluntary Retirement Appears Calculated to Reduce Support Obligation
 
American States Ins. Co. v. Casado Top
Lack of Evidence Collision Staged, Deliberate Denies Insurer Motion for Default Judgment
 
The Joester Loria Group v. The Licensing Co. Ltd. Top
Claim of Confidential Information's Theft In Bid for Jeep Licensing Agency Dismissed
 
Kupfer v. Federal Republic of Germany Top
Bearer Bonds' Holder Loses Recovery Effort; West German 'Validation Law' Not Satisfied
 
United States v. King Top
Embezzlement, Tax Evasion Charges Stand; Defendant's Status as ERISA Fiduciary Met
 
United States v. Kozeny Top
Restraining Order for Forfeiture of Proceeds Of Sale of Fugitive's Home Not Terminated
 
Husain v. Smarte Carte Inc. Top
NLRB Has Jurisdiction Over Claims of Bias, Retaliation Stemming From Union Activities
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: Confusion Persists Over Application of the 'Noseworthy' Doctrine Top
Paul S. Danner, a member of Mound Cotton Wollan & Greengrass, analyzes a recent decision which highlights many unsettled issues surrounding the application of the Noseworthy doctrine to amnesiac plaintiffs, including the distinction between a simple mistake as to the facts of the incident versus medically diagnosed amnesia, the practical definition of "impossible" and medical evidence required, and more.
 

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