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Friday, June 3, 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
 
Court of Appeals Ponders 'Choice-of-Evils' Defense Top
In his Criminal Law and Procedure column, Barry Kamins, an Acting Supreme Court Justice and Administrative Judge for Criminal Matters in Brooklyn Supreme and Criminal Courts, writes that while the law prefers that an individual avoid a greater evil by choosing to commit a lesser one, the Court of Appeals has now reminded us that for the defense to apply, the defendant must be facing two separate and distinct "evils."
 
Significant Issues on ERISA Addressed in 'CIGNA Corp. v. Amara' Top
In their Employment Law column, Weil Gotshal & Manges partners Jeffrey S. Klein and Nicholas J. Pappas discuss a recent decision and offer observations as to the impact of the case on circuit precedent, and the scope remedial provisions §502(a)(1)(B), which allows for monetary relief, but restricts the claims that may be brought under that section to claims for benefits under the terms of the plan, and §502(a)(3) which allows for plaintiffs to sue for a broader set of wrongs, but provides for "appropriate equitable relief" only, which the Supreme Court, in a series of cases, has narrowly circumscribed.
 
'Innocent Buyer' of Stolen Art Loses Out to French Museum Top
 
Cuomo, Lawmakers Agree on Ethics Reform Top
 
Conviction Is Upheld Despite ADA's 'Excessive' Summation Top
 
Judge Drafts List of Banned Purchases for Father After His 'Egregious' Child Support Violations Top
 
Panel Limits Liability of Insurance Companies for Costs of Defending Against Asbestos Lawsuits Top
 
Orrick's Fees on Bratz Doll Case May Turn on Southern District Dispute Top
 
LSAT Hopeful Fails in Bid for Accommodation at Test Top
 
Attorney Disbarred After Pleading Guilty to Theft Top
 
Ex-Senior Manager Sues KPMG Alleging Gender Bias Top
 
Another Ex-Madoff Worker Expected to Plead Guilty Top
 
Personal Notes on Lawyers Top
 
East 115th St. Realty Corp. v. Focus & Struga Building Developers LLC Top
Motion to Sever Damages Issue On Negligence Claim Is Denied
 
People (Ex rel Davis) v. Warden Top
Petitioner Restored to Parole Over Lack Of Waiver, Preliminary Hearing on Reports
 
Matter of Montemarano v. NYC Dept. of Correction Top
Article 78 Action for $25 Surcharge Refund Is Dismissed as 'Trivial'
 
Five Boro Psychological Services v. GEICO Ins. Co. Top
Psychologist Licensed in Russia Lacked Sufficient Expertise to Qualify as Expert
 
M.A.D. v. M.M. Top
Court Finds Service Valid as Wife Did Not Lure Husband to Jurisdiction Under Pretense
 
People v. Stahl Top
Judge Grants Dismissal Because Errors May Have Created Prejudice Against Defendant
 
Speyer v. Kieselstein-Cord Top
Store's Owner Need Not Indemnify Jeweler In Designer's Sex Bias, Retaliation Action
 
Filho v. Safra National Bank of New York Top
Changes to Bank Account's Terms, Conditions Mandate Fraud, Breach Claims' Arbitration
 
Faulkner v. Arista Records LLC Top
Letters Restart Limit Period, Revive Group's Royalty Claims Against Recording Company
 
Kagan v. Saint Vincents Catholic Medical Centers of New York Top
Court Upholds Stay Order Enjoining Lawyer's FOIL, Fraud Claims as to Hospital's Closure
 
Golasiewski v. Waste Management of Pennsylvania Inc. Top
Waste Management Firm Denied Third-Party Indemnification in Personal Injury Suit
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: Public Campaign Financing Law: Protecting Against Excessive Cost Top
Laurence D. Laufer, a partner at Genova, Burns & Giantomasi, discusses a recent First Department decision that limited recoveries under a provision of New York City's public financing law that requires repayment of funds after all campaign expenses have been paid to the funds actually remaining in the campaign account; the issue of holding candidates personally liable for public funds repayments; and possible alternative measures for safeguarding public tax dollars.
 

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