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Friday, May 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
 
Disqualification of Counsel, School Bullying, Jurisdiction Top
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, discuss Judge Cogan's disqualification of an attorney from representing an alleged member of the Colombo crime family because of "unwaivable" conflicts of interest, Judge Weinstein's wide-ranging review of the legal landscape concerning the educational establishment's liability for inadequate responses to bullying, and more.
 
Medicaid Home Care Object Of Contradictory Suits Top
In his Elder Law column, Daniel G. Fish of Daniel G. Fish LLC discusses how a federal whistleblower suit and a federal class action suit have resulted in the Medicaid program simultaneously being accused of offering too much home care in the former and not offering enough home care in the latter.
 
Circuit Upholds Dismissal of Claims Against Ratings Agencies Top
 
Tenants' Right to Assemble Has Limits, Panel Says Top
 
Trustee's Motion to Dismiss Petition by Same-Sex Couple Rejected Top
 
Circuit Stays Portion of Chevron Ruling Top
 
Pay: News In Brief Top
 
2 Men Arrested in Sting Operation Wanted to Carry Out Terror Attack, Officials Say Top
 
Siegel Consultants Ltd. v. Nokia Inc. Top
'Irrebutable Presumption' to Disqualify Does Not Arise Absent Attorney-Client Relationship
 
Chen v. Yeung Top
Entire Controversy Doctrine Grants Movants Vacatur of Default Judgment in New York
 
LFJ Realty Co v. Bank of New York Top
Leave to Amend Complaint to Add Allegation Of Vicarious Liability Against BNY, Trust Granted
 
Kiblitsky v. Lutheran Medical Center Top
Physician's Cause of Action For Compelled Self-Defamation Dismissed Against Employer
 
Dobson v. Saal Top
Court Rules Kelly Blue Book Admissible Into Evidence to Establish Vehicle's Value
 
MM v AM Top
Mother Found Unfit to Be Custodial Parent; Father Awarded Permanent Sole Custody
 
United States v. Mungin Top
Court Rejects Claim Amendment 591 Requires 40 Year Term's Reduction to 87 to 109 Months
 
Capsolas v. Pasta Resources Inc. Top
Uniform Policy Inferred From Restaurants' Common Ownership; FLSA Class Suit Certified
 
Fertig v. HRA Medical Assistance Program Top
Suit Precluded by Prior State Action; Pre-2007 Interracial Marriage Bias Claims Time Barred
 
Mint Inc. v. Amad Top
Vendor's 'Knock-Off' Spice Shakers Infringed Copyright, Warrant Preliminary Injunction
 
Nanomedicon LLC v. The Research Fdn. of the State Univ. of New York Top
Patent Licensee's Complaint Neither Relied On Nor Raised Patent Law Issues; Suit Remanded
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: Highway Contractor Liability for Motor Vehicle Accidents Top
Martin H. Weisfuse, senior partner at Weisfuse & Weisfuse, writes: Contractors can be liable for motor vehicle accidents caused by dangerous conditions which they create on the highway. Unlike the state or city, which owns the highway, contractors do not have a nondelegable duty of care to the victims of such accidents. The rules governing contractor liability require proof that the contractor "launched an instrument of harm" or undertook all safety obligations.
 

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