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Tuesday, July 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
 
Inequitable Conductors: All Aboard the 'Therasense' Train Top
In their Patent and Trademark Law column, Robert C. Scheinfeld of Baker Botts and Parker H. Bagley of Goodwin Procter review a decision in which the Federal Circuit, by tightening the intent requirement and espousing a new "but-for" materiality standard, seemingly attempts to reduce the number of inequitable conduct cases "plaguing" the courts.
 
Analyzing 'Hot-News' Misappropriation Claim Top
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, write that the court may have hampered the efforts of traditional news media organizations to bring actions against, for example, websites that publish factual content derived from traditional media, and, more generally, the majority's discussion of dicta may provide grist for parties to argue that unfavorable language in earlier opinions is not entitled to precedential weight.
 
A.G. Supports Effort to Overturn Federal Defense of Marriage Act Top
 
Drop in Securities Class Actions Due to Fewer Credit-Related Suits, Report Says Top
 
In Reviving Habeas, Panel Clarifies Issue on Statute of Limitations Top
 
Senate Confirms WilmerHale Partner for Federal Bench Top
 
Parent's Lose Bid to Enroll Unimmunized Daughter Top
 
Strauss-Kahn Court Date Is Postponed to Aug. 23 Top
 
Law Professors Find a Tough Road to Federal Appointments Top
 
Matter of Wells v. New York City Housing Authority Top
Court Upholds Tenancy Termination For Illegal Drug Activity
 
Gordon v. 305 Riverside Corp. Top
Landlord Loses Bid for Summary Judgment Dismissing Tenants Claims of Overcharges
 
Matter of Goldfarb v. Rhea Top
Decision to Terminate Section 8 Benefits Annulled, Benefits Restored Retroactively
 
State of New York v. Frank V. Top
Court Finds Detained Sex Offender Dangerous, in Need of Civil Management
 
Conning v. Dietrich Top
Driver Denied Dismissal of Bicyclist's Injury Action as Triable Issues Exist
 
KLM Holdings Inc. v. Argudo Top
Restaurant's Agent Cannot Be Held Liable As Guarantor Absent Intent to Be Bound
 
Krantz & Berman LLP v. Dalal Top
Firm Found Entitled to Execution on $480,537 Judgment, but Stayed During Appeal
 
Lopez v. United States Top
Motorist Who Struck Disabled Postal Truck Fails to Overcome Presumption of Own Fault
 
Johnson v. Westchester County Department of Correction Medical Dept. Top
Detainee's Suit Asserting Medical Indifference To Tick Bites, Retaliatory Search Is Dismissed
 
United States v. Hodge Top
'Career Offender' Crack Cocaine Defendant Ineligible for Sentence Reduction Under Law
 
Solomon v. Siemens Industry Inc. Top
'Hardship' Objections Do Not Warrant Remand Where Diversity Shown
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: Commercial Credit Line Mortgages and Mortgage Recording Tax Top
Michael J. Berey, senior vice-president and senior legal counsel-New York Division of First American Title Insurance Company, writes that with a need in the present economic environment for New York's small businesses to access capital, and also a need for cash-strapped local governments to receive more revenue, it may be appropriate to examine the manner in which the law has been applied.
 

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