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Thursday, May 26, 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
 
Is Judicial Deference to DEC Decisions Disappearing? Top
In her State Environmental Regulation column, Charlotte A. Biblow of Farrell Fritz writes: Over the past 16 months or so, New York courts—from the Court of Appeals to the Appellate Divisions to the Supreme Courts—have issued a number of decisions refusing to afford judicial deference to decisions by the New York State Department of Environmental Conservation. One may wonder whether the DEC has lost respect in the courts, or whether it is just on a bad, but temporary, losing streak.
 
Child Removal Requires Hearing Within Three Days, Panel Rules Top
 
U.S. Bankruptcy Court to Handle Foreign Madoff Feeder Fund Suits Top
Foreign liquidators of the Fairfield group of investment funds, which were created to feed overseas investments into Bernard L. Madoff Investment Securities, can pursue a slew of lawsuits aiming to recover nearly $6 billion for investors in U.S. Bankruptcy Court rather than in the state Supreme Court's Commercial Division, a bankruptcy judge has ruled.
 
First Offender's Plea Vacated After 'Abbreviated' Allocution Top
A 20-year-old woman who had been arrested for the first time was not sufficiently informed of her rights by a Bronx judge when she pleaded guilty to loitering for the purpose of prostitution, a First Department has ruled.
 
News In Brief Top
 
Circuit Faults Judge Who Did Not Imitate Art in Decisions to Remove Holdout Juror Top
 
Correction Top
 
People v. Overton Top
Prison Release Did Not Moot Appeal of Denial Of Sentence Reduction Under 2009 Drug Law
 
Steglich v. Bd. of Ed. Top
Proposed Intervenors Establish They Are 'Interested Persons,' Granted Intervention
 
Top
Guardian Authorized to Withhold Consent To Intubation of Feeding Tube to IP
 
People v. Sharon T. Top
Court Finds Defendant Mentally Ill Requiring Strict Supervision, Not Commitment
 
People v. Keita Top
Request for Information, Detention Is Supported by Reasonable Suspicion
 
Matter of Settlement Funding of New York LLC Top
Judge Rejects Bid to Transfer Structured Settlement From Payee
 
People v. Rampersaud Top
Vacatur of Judgment for Ineffective Assistance of Counsel Under 'Padilla' Denied
 
In re Quigley Co. Inc. Top
Law Firm May Pursue Asbestos Exposure Claims Against Pfizer in Pennsylvania
 
Antunes v. Putnam-No. Westchester Bd. of Cooperative Educ'l Services Top
Age Bias Not Shown in Denial of Promotion In Favor of Already Hired Part-Time Cleaners
 
Marchioli v. Garland Co. Inc. Top
Title VII, Pregnancy Bias Law Do Not Bar Termination Due to Status as Parent-to-Be
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: 2011 PJI Poses Problem for Reducing Damages to 'Present Value' Top
Jacqueline Mandell and Margaret M. O'Connor of Kaufman Borgeest & Ryan discuss the new section of the the 2011 Pattern Jury Instructions, provide a brief review of the common law and legislative history of the calculation of future damages, and demonstrate the flaws in section 2:320A.
 

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