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Thursday, September 8, 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
 
New York's Revived Power Plant Siting Law Preempts Local Control Top
In his Environmental Law column, Michael B. Gerrard, a professor at Columbia Law School, and senior counsel to Arnold & Porter, analyzes recent legislation recreating a one-stop, state program for permitting electric generating facilities while preempting local requirements. But the new statute differs from its predecessor in several important ways.
 
Dual Prosecution for Tax Offenses: Closing the 'Helmsley Loophole' Top
In his Tax Litigation Issues column, Jeremy H. Temkin, a principal in Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, while there may be egregious cases with new legislation with which both federal and state authorities will be warranted in pursuing the same defendant, there is reason to be hopeful that such dual prosecutions will continue to be rare.
 
Terror: Last Defendant in FBI Sting Gets 25 Years for Bomb Plot Top
Southern District Judge Colleen McMahon yesterday ordered Laguerre Payen to prison for his role in a plot to bomb Riverdale synagogues, but not before she again criticized the government for creating a crime of terrorism where one did not exist through the instigation of a confidential informant.
 
Ten Years After 9/11 Top
Firefighters, family members and court personnel yesterday attended an Eastern District special session to remember firefighters from a nearby firehouse who were killed responding to the 9/11 terror attacks.
 
Judge Unpersuaded by Companies' Defense That Chinese Government Made Them Act as a Cartel Top
Although China's Ministry of Commerce took the unprecedented step of hiring lawyers at Sidley Austin to join the litigation and take responsibility for requiring a group of Chinese vitamin C makers to act as a cartel, on Tuesday, Judge Brian Cogan rejected that defense.
 
Panel Rules Non-Lawyer Cannot Run for Queens D.A. Top
 
State Bar Launches Veterans Committee Top
 
Character Committee Interviews Set for Tuesday Top
 
First Monday Program to Tackle Health Care Law Top
 
Court Backs Disclosure in Cases Using Cellphone Data Top
The D.C. Circuit on Tuesday sided against the DOJ in upholding the public release of information about court cases in which the authorities used cellphone location data to track criminal suspects.
 
People v. Andrade Top
Hearsay Rule Not Violated by Evidence to Rebut Claimed Coercion of Incriminating Statements
 
Cabukyuksel v. Ascot Properties LLC Top
Attorney Estopped From Denying Another Lawyer's Charging Lien for Personal Injury Suit
 
San Pietro v. NY Times Building LLC Top
Defendants Fail to Show Statute Requires MoreThan 1 Piece of Debris to Constitute Violation
 
Dzierzawski v. Kelly Top
Officer Denied Motion to Annul Decision Denying Him ADR Benefits Under WTC Law
 
Matter of the Estate of Richard A. Otto Top
Executors Granted Protective Order; Decedent's Wife's Motion to Compel Denied
 
Gholian v. Mmakwe Top
Protective Order Found Warranted to Prevent Unreasonable Annoyance; Another EBT Denied
 
Daibes v. Cheng Top
'Overtones of Forum Shopping' Grant Motion To Consolidate Actions, Not to Transfer Venue
 
Edwards v. City of New York Top
Time City's Prison Guards Spend Donning, Doffing Uniform, Gear Is Not Compensable
 
Bell v. Const. and Gen'l Building Laborers' Local 79 Top
Recording, Transcript Properly Excluded As Not-Excepted Hearsay; New Trial Denied
 
Seidita v. Millennium Pipeline Co. LLC Top
Pipeline Builder Granted Indemnification By Safety Contractor Following Settlement
 
Blast v. Fischer Top
Settlement Not Breached by Demand That Water Be Ordered Through Prison Officials
 
Outside Counsel: Wage Order Sets Forth Dramatic Changes to Tip Pooling Top
Demi Sophocleous and Christopher P. Keenoy of Morrison & Mahoney discuss the New York State Hospitality Industry Wage Order that took effect this year, which permits employers to mandate their employees to share or pool tips, and even to set the percentages that each employee will receive in the tip pool. But while the wage order provides clarity for the restaurant industry, it has not meant the end of lawsuits, especially with regard to who is entitled to participate in tip sharing.
 

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