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Thursday, April 7, 2011

Y! Alert: NYLJ.com


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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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