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Friday, August 26, 2011

Y! Alert: NYLJ.com


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The latest from NYLJ.com


Richard Green (Fine Paintings) v. McClendon Top
Woman Loses Breach Suit Over $4.2 Million Painting; E-Mails Satisfied Statute of Frauds
 
Creative Parenting Agreements Still Needed With Same-Sex Marriage Top
In their Mediation column, Abby Tolchinsky and Ellie Wertheim, partners at Family Mediation, write that an interesting legal question is now raised: If a child is born of a valid legal marriage, with an unknown donor, will courts ultimately rule that, as with heterosexual marriages, there is a presumption of legitimacy and therefore no need for a second-parent adoption?
 
Panel Finds Evidence Wanting in Review of Murder Convictions Top
 
Ban on Non-Lawyer Investments Defies Market Reality, Firm Argues Top
 
Panel Drops Jury Award in Botched Surgery Case Top
 
Federal Judge Approves Sirius XM Radio Settlement Top
 
Personal Notes on Lawyers Top
 
Bankruptcy Court Approval Sought for $90 Million Lehman Settlement Top
 
Judge Is Troubled by Firm Fee Requests Top
 
Tower Ins. Co. of NY v. Khan Top
Insurer Has No Duty to Defend, Indemnify Homeowner in Negligence Suit by Worker
 
Marohn v. Waterfront Commission of New York Harbor Top
Court Finds Commission Had Rational Basis To Revoke Maintenance Man's Registration
 
Cere v. Subway International BV Top
Court Lacks Personal Jurisdiction; Default Vacated and Petition Dismissed
 
Altman v. 139 E. 57th St. LLC Top
Failure to Timely Serve Complaint Found Not Fatal in Slip and Fall Case
 
Vlahakis v. Belcom Development LLC Top
Court Rejects Affidavit of Expert Architect Not Previously Identified
 
In Re Harbin Shareholders Litigation Top
In Dismissing Class Action, N.Y. Court Defers to Nevada as Matter of Comity
 
United States v. Celaj Top
Stipulation on Marijuana Trade's Interstate Nature Meets Hobb Act Jurisdiction Element
 
Fait v. Regions Financial Corp. Top
Statements on Goodwill, Loan Loss Reserves As to Acquisition Held Nonactionable Opinion
 
Aurora Loan Services LLC v. Sadek Top
'D'Oench, Duhme' Doctrine Negates Pact As to Second Mortgage Transferred by FDIC
 
United States v. $3,700 in U.S. Currency Top
Notice Failures Lead Court to Vacate Prior Default Judgment for Money's Forfeiture
 
Mola Inc. v. Kacey Enterprises LLC Top
Canadian Firm's Suit Over Studio Reflector's Infringement Transferred to Washington
 
Outside Counsel: Determining Whether 'No-Fault' Law Allows Trials When Parties Disagree Top
Allan E. Mayefsky and Alyssa A. Rower of Aronson, Mayefsky & Sloan write that Strack v. Strack, where the judge ordered an immediate trial on whether or not a couple's relationship had "broken down irretrievably for a period of at least six months" notwithstanding the fact that the wife had made the necessary sworn statements under the new no-fault law, raises two interesting questions: First, does a litigant who opposes a DRL §170(7) divorce always have the right to trial? And if so, how does a plaintiff prove that a marriage has broken down irretrievably?
 

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