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Friday, July 29, 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
 
TV Channel Bundling, Advertising Inserts and Drugs Top
In his Antitrust column, Cahill Gordon & Reindel partner Elai Katz reviews a Ninth Circuit decision that that consumers challenging the sale of cable and satellite television channels in bundled, multi-channel packages rather than individually did not state an antitrust claim, a Third Circuit ruling that a hospital could not bring tying claims against a drug-maker because the hospital bought the pharmaceuticals from an independent wholesaler, and more.
 
Juveniles And 'Miranda' Warnings Top
Andrew Schepard, professor of law and director of the Center for Children, Families and the Law at Hofstra Law School, summarizes the facts and opinions in 'J.D.B. v. North Carolina,' where the U.S. Supreme Court held that police must take a suspect's age into account in evaluating whether to give 'Miranda' warnings before questioning begins and speculates about its impact on constitutional protections for juvenile defendants.
 
Albany: Murder Conviction That Was Based on Circumstantial Evidence Upheld Top
 
Panel Finds Suit Should Be Heard by School's Chief, Not the Court Top
 
Davis Polk Pro Bono Counsel Nominated for Federal Bench Top
 
Trustee Says Almost Half of Madoff Losses Recovered Top
 
Judge Sides With Marvel in 'Spider-Man' Dispute Top
 
Defendant Not Persistent Felony Offender, Judge Says Top
 
Judge Finds It 'Entirely Plausible' Lehman's Officers Misled Investors, Permits Class Action to Proceed Top
 
Q&A: Janet DiFiore Top
 
Emotions Run High in Town Hall Meeting to Explain 9/11 Fund Top
 
Wesley v. Smith-Lasofsky Top
Parties Granted Dissolution of Same-Sex Civil Union; Defendant Has No Obligation to Child
 
Matter of City of New York v. Bd. of Collective Bargaining of City of New York Top
As Prevailing Party, Union Is Granted Costs But Loses Bid for Sanctions Against City, DOT
 
General Motors Acceptance Corp. v. NY Central Mut. Fire Ins. Co. Top
Motion to Strike Answer Denied; Preclusion Order Granted Unless Documents Disclosed
 
Breytman v. Schechter Top
Attorney's Fee, Personal Sanctions Directed Against Client for Frivolous Conduct
 
People v. DiPretoro Top
Accusatory Instrument Facially Insufficient, Fails to Corroborate Element of DUI Charge
 
People v. Smith Top
'Substantial Pain' May Be Inferred Without Testimony; Dismissal of Assault Charge Denied
 
Kennedy v. New York Presbyterian Hospital Top
Plaintiff Cannot Show Malpractice Without Expert Testimony
 
Lawson v. U.S. Citizenship and Immigration Services Top
Petitioner Paid His Debt to Society After Killing Wife, and Will Be Naturalized
 
Stephens-Buie v. Shinseki Top
Plaintiff Permitted to Amend Complaint To Give Dates of Retaliatory Harassment
 
Sommersett v. City of New York Top
Federal Disparate Treatment Claims Fail, But Survive Under State Law
 
Salazar v. Bowne Realty Associates LLC Top
Plaintiff Can Amend Complaint To Add Additional Retaliation Claims
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: Mommie Dearest: What's Gender Bias Got to Do With It? Top
Robert Z. Dobrish, senior partner at Dobrish Zeif Gross, writes that in matrimonial cases, the perception of gender bias runs high particularly among litigants, with unsuccessful fathers claiming that mothers receive preferential treatment. While the complaint may often sound like sour grapes, there is evidence indicating that bias exists among those who are called upon to assist in making custody determinations.
 

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