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Tuesday, April 26, 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
 
Some Class Action Waivers in Arbitration Still Unenforceable Top
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, revisit In re: American Express Merchants' Litigation, where the court reaffirmed its holding that a class action waiver in an arbitration agreement is unenforceable if the costs of non-class arbitration would be so high as to outweigh the possible recovery, effectively prohibiting plaintiffs from vindicating their statutory rights.
 
OCA Welcomes as Volunteers JHOs Cut in Budget Crunch Top
 
Panel Finds Evidence Prejudicial, Orders New Trial in Stalking Case Top
In a trial stemming from incidents in 2006, Judge Denny Chin wrote that allowing the prosecution to introduce the circumstances of a 2008 traffic stop in which weapons and a "Last Will and Testament" were recovered, encouraged the jury to make tenuous inferences.
 
Smoker Told to Heed Doctor's Advice or Face Return to Jail Top
 
Jury Charged in Galleon Insider Trading Case Top
 
News In Brief Top
 
Justices Reject Fast Track for Health Care Suit Top
 
Matter of Murray Top
Joint Will's Terms Required That Deceased Could Bequeath Condo Only to Ex-Husband
 
Held v. State of New York Workers' Compensation Board Top
Trusts Assessments Found Not a Taking That Would Violate Fifth Amendment
 
Matter of Patterson v. City of New York Top
Termination Ruled Disproportionate Penalty For Teacher Who Tried to Avoid Paying Taxes
 
Matter of Moorer v. New York City Department of Housing and Preservation Development Top
Agency Cannot Terminate Section 8 Subsidy Without Following Own Procedures
 
Access.1 Communications Corp.-NY v. Shelowitz Top
Landlord Can Recover Rent From Time Unit Was Vacated Through Unexpired Lease Term
 
State of New York v. Robert V. Top
Court Finds Mental Hygiene Statute Does Not Violate Ex Post Facto Clause
 
Wewe v. Motor Vehicle Accident Indemnification Corp. Top
Pedestrian Fails to Prove He Sustained 'Serious Injury' as Defined by Law
 
Grand Review LLC v. Calderon Top
Landlord's Summary Proceeding Ruled Not Based on Tenants' Default
 
Baston v. United States Top
Court Rules Counsel's Concession To Pre-sentence Report Was Strategic Choice
 
Harvey v. Halko Top
Inmate's Disagreement Over Knee Injury Treatment Found Not Medical Indifference
 
United States v. Younis Top
Pre-Arrest Statements Denied Suppression; Custodial Nature of Interviews Not Shown
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: Electronic Recording for Real Estate in New York Top
Michael J. Berey, senior underwriting counsel and senior vice-president of First American Title Insurance Company, reviews legislation that has passed in the state Senate which would allow New York to finally join the roster of states willing to take advantage of technology for real estate recordings, along with a few amendments to the bill that are still needed.
 

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