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Friday, September 9, 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
 
Rulings on Trustee's Duty to Diversify: What Have We Learned? Top
In his Trusts and Estates column, C. Raymond Radigan, of counsel to Ruskin Moscou Faltischek, writes that in 1987, the New York Court of Appeals held that a bank was negligent for failing to diversify trust holdings of Kodak stock.1 Since then, several New York cases examined whether a bank trustee was negligent for failing to diversify investments.
 
Navy Sailor's Death Implicates Maritime Law Top
In their Admiralty Law column, James E. Mercante, a partner at Rubin, Fiorella & Friedman, and Daniel O. Rose, a partner at Kreindler & Kreindler, write that, generally, a serviceman who is injured or killed during active duty is barred from recovering against the United States under the Federal Tort Claims Act for any negligence of his or her fellow serviceman by well-settled doctrine.
 
Circuit Rejects Restitution for Victim of Child Porn Top
A defendant who viewed pornographic images of a child cannot be forced to pay for the victim's counseling costs because she cannot show that his actions caused the trauma that made the treatment necessary, an appellate court has ruled.
 
State Accepts Settlement to End Warehousing of Mental Patients Top
 
Two Civil Court Races, Rockland Family Court Contest on Ballot Top
 
Partner Killed on 9/11 Recalled as 'Always Available to Help' Top
 
Harris Beach Remembers Its Staffers Killed on 9/11 Top
 
Aftermath of Rain Again Closes Orange County Court Top
 
State Bar to Offer Free Advice to Aid Flood Victims Top
 
Split Panel Upholds City's Environmental Review Top
 
Judge Sanctions Lawyer for Missed Deposition Top
 
Personal Notes on Lawyers Top
 
Araujo v. Mercer Square Owners Corp. Top
Commercial, Residential Condo Unit Owners Denied Dismissal of Trip and Fall Action
 
Nouveau Elevator Industries Inc. v. Kabbalah Centre of NY Inc. Top
Contract Mutually Cancellable Upon 90 Days Notice, Not 90 Days Before Expiration
 
Prompt Mortgage Providers of North America LLC v. Direct Realty LLC Top
No Condition Precedent in Mortgage Requiring Notice to Accelerate Full Payment
 
Mukasey v. Curatola Top
Patient's Assault and Battery Claim Against Dentist Permitted to Proceed
 
Cervera v. Queens Ballpark Co. LLC Top
Consideration of Co-Worker's Affidavit Rejected; Triable Issues Preclude Summary Judgment
 
Matter of 25-50 FLB LLC v. Srinivasan Top
BSA's Decision to Revoke Alteration Permit As Demolition Permit not First Obtained Upheld
 
Richards v. United States Top
Illegal Re-Entrant Cannot Contest Underlying Proceedings; §2255 Habeas Relief Denied
 
Prendergast v. Analog Modules Inc. Top
Shocked Laser Technician's Discharge Theory Not Supported, Causation Theory Too Remote
 
Dwyer v. Goldman Sachs Headquarters LLC Top
Owner, Contractor Denied Indemnification From Subcontractor in Ladder Fall Lawsuit
 
Litchhult v. USTRIVE2 Inc. Top
Single Offensive Slide, Comment Not 'Severe' Or 'Pervasive' for Pro Se Title VII Bias Suit
 
Polanco v. Brookdale Hospital Medical Center Top
Wage, Overtime Claims Held Independent Of Bargain Pact Rights, Not Barred by LMRA
 
Outside Counsel: 'Marvel' and the Importance of Careful Drafting in Transferring IP Rights Top
Daniel C. Glazer and Daniel P. Ashe of Patterson Belknap Webb & Tyler write that companies regularly enter into intellectual property assignment or "work for hire" arrangements with employees and contractors, often pursuant to form agreements that are not tailored to the particular engagement. However, a recent decision highlights the importance of provisions governing the transfer of rights in new works of authorship.
 

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