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Friday, April 22, 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
 
Dealing With Damages in Voir Dire and Summation Top
In their Trial Advocacy column, Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, and Evan Torgan, a member of Torgan & Cooper, write that any victory in a personal injury case is a Pyrrhic one unless the plaintiff receives all the damages he is entitled to. So first, the trial lawyer must select a jury which does not enter the courtroom with a bias against large damages awards. At the end of the case, the skilled attorney must tie the proof in the case to the commitments obtained from the jurors in voir dire to follow the court's instructions on damages, wherever it may lead.
 
2010 Testamentary Charitable Remainder Trusts Top
In his Estate Planning and Philanthropy column, Conrad Teitell, a partner at Cummings & Lockwood, delves into the legal meaning of "allowable" and asks: Does "allowable" transmogrify to "not allowable" because under particular circumstances the estate tax deduction isn't claimed even though under different circumstances it would be claimed, thus making it "allowable"?
 
Court of Appeals Reports Higher Caseload, More Criminal Leaves Granted in 2010 Top
 
Justices Find Use of Autopsy Report Did Not Deprive Murder Defendant of Right to Confront a Witness Top
In upholding a 2005 murder conviction, the First Department has ruled that an autopsy report can be used as evidence in a murder trial even if the accused does not have a chance to cross-examine the medical examiner who prepared it.
 
News In Brief Top
 
U.S. Ordered to Turn Over Documents in Rigas Tax Case Top
 
Jones Day Assigns New York Partner to Lead on European Restructurings Top
 
23KT Gold Collectibles Ltd. v. Daily News LP Top
Claims Against Daily News Barred By Doctrine of Res Judicata, Dismissed
 
Becker v. Park Murray Associates LLC Top
Tenants Claims Landlord Fraudulently Inflated Apartment's Rent Rejected; Dismissal Denied
 
Hernandez v. City of New York Top
Plaintiff Allowed to File Late Notice of Claim Against City for Unexplained Two Year Detention
 
Matter of Roy W. Lantigua Jr. Top
Co-Property Guardian Denied Commissions; Surcharged for Wasteful, Self-Dealing Spending
 
Consolidated Bus Transit Inc. v. The Treiber Group LLC Top
Absent Special Relationship Breach of Fiduciary Claim Against Broker Cannot be Sustained
 
Matter of Edwin R. Top
Court Denies DOP's Application to Extend Juvenile's Period for Adjustment Services
 
Maritima de Ecologia S.A. de C.V. v. Sealion Shipping Ltd. Top
Gulf Oil Spill Damages Action Stayed Pending Arbitration of Alleged Breaches of Prior Pacts
 
Hitachi America Ltd. v. Steadfast Insurance Co. Top
First in Series of Power Plant Subcontractors Granted Additional Discovery for Arbitration
 
Streetbrains.com LLC v. Lyris Inc. Top
Limited Liability Company's Failure to Retain Lawyer Spurs Dismissal for Failure to Prosecute
 
Hurst v. United States Top
Ineffectiveness Claims' Renunciation Noted In §2255 Sentence Vacatur Bid's Dismissal
 
Mahran v. Benderson Development Co. LLC Top
Disclosure of Information Underlying Medical Leave Falls in 3-Year Limit, Survives Dismissal
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: 'Famous Horse' and Standing Under the Lanham Act Top
Bruce A. Colbath, a partner at Weil, Gotshal & Manges, highlights a recent U.S. Court of Appeals for the Second Circuit decision, which revisited and reaffirmed the validity of the court's reasonable interest test to determine whether a plaintiff has standing to assert a false advertising claim under Section 43(a) of the Lanham Act and declined to adopt other tests currently employed by other circuit courts.
 

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