The latest from NYLJ.com
- Supreme Court Revisits The Exclusionary Rule
- Municipal Liability Under §1983, Two Rulings on RICO Claims
- Witness Bribery Conviction Upset Over Prosecution Missteps
- Judge Is Told to Expand Analysis on Zoning of Adult Businesses
- Little Change Seen for U.S. Courts in Event of Government Shutdown
- News In Brief
- Trustee Opposes Bid to Move Madoff Case to District Court
- Goldcrest Realty Co. v. 61 Bronx River Road Owners Inc.
- JSB Partners LLC v. Colabella
- People v. Riley
- I&B Check Cashing Corp. v. Jensen
- People v. Hock
- Spindler v. Mitsuda
- Rivera v. County of Westchester
- Jankousky v. North Fork Bancorporation Inc.
- CVD Equipment Corp. v. Taiwan Glass Industrial Corp.
- Esbin & Alter LLP v. Zappier
- Weist v. E.I. du Pont de Nemours and Co.
- Outside Counsel: Failure to Provide Police Protection and Special Relationship Exception
Supreme Court Revisits The Exclusionary Rule | Top |
In his Criminal Law and Procedure column, Barry Kamins, an acting Supreme Court Justice and Administrative Judge for criminal matters in Brooklyn Supreme and Criminal Courts, writes that three weeks ago, the Court revisited the excusionary rule and heard argument in two cases: One possibly set the stage for a further assault upon the exclusionary rule, while the other, unexpectedly, met an early demise. | |
Municipal Liability Under §1983, Two Rulings on RICO Claims | Top |
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, discuss recent rulings, including a plaintiffs' claim of municipal liability pursuant to 42 U.S.C. §1983 in connection with fatal police-inflicted injuries to a Latino male; a rejection of claims by defendants in a civil suit following their federal conviction for holding workers in servitude; and the upholding of a RICO complaint against a Rule 9(b) challenge. | |
Witness Bribery Conviction Upset Over Prosecution Missteps | Top |
Judge Is Told to Expand Analysis on Zoning of Adult Businesses | Top |
Little Change Seen for U.S. Courts in Event of Government Shutdown | Top |
News In Brief | Top |
Trustee Opposes Bid to Move Madoff Case to District Court | Top |
Goldcrest Realty Co. v. 61 Bronx River Road Owners Inc. | Top |
Co-Op Owner's 'Yellowstone' Application Was Untimely, Should Have Been Denied | |
JSB Partners LLC v. Colabella | Top |
Ex-Employee Fails to Show Company's Lawyer Previously Represented Her, Not Corporation | |
People v. Riley | Top |
Court Finds Defendant's Persistent Violent Felony Offender Status Is Proper | |
I&B Check Cashing Corp. v. Jensen | Top |
Claimant Fails to Offer Evidence of Notice Of Dishonor for Checks; Judgment Denied | |
People v. Hock | Top |
Jury Charge Is Found Proper; Defendant Loses Bid to Set Aside Verdict | |
Spindler v. Mitsuda | Top |
Plaintiff Fails to Allege Delivery of Contract, State Claim for Breach of Contract | |
Rivera v. County of Westchester | Top |
No Private Right of Action Found for Money Damages Under Title 6 of Social Services Law | |
Jankousky v. North Fork Bancorporation Inc. | Top |
Bank Manager Awarded Judgment on Breach Claims Over Incentive Pay's Reduction, Denial | |
CVD Equipment Corp. v. Taiwan Glass Industrial Corp. | Top |
Japanese Bank Properly Dishonored Provider's Nonconforming Letter of Credit | |
Esbin & Alter LLP v. Zappier | Top |
Trade Libel, Interference Counterclaims Properly Brought Under 3-Year Limit Period | |
Weist v. E.I. du Pont de Nemours and Co. | Top |
Retired DuPont Counsel Can Be Deposed Over Goodyear's Handling of Chemical | |
Outside Counsel: Failure to Provide Police Protection and Special Relationship Exception | Top |
Kevin G. Faley and Kenneth E. Pitcoff, partners with Morris Duffy Alonso & Faley, write that the special relationship exception is a narrow one and the New York courts require a plaintiff to prove four elements to determine whether or not such relationship exists between the police and the injured person, the last of which, justifiable reliance on the municipality's affirmative undertaking to act on behalf of the injured party, has been the most difficult for a plaintiff to prove. | |
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