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Tuesday, April 12, 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
 
Beware: the Robinson-Patman Act Still Has Bite Top
In their Antitrust Trade and Practice column, Neal R. Stoll and Shepard Goldfein, partners at Skadden, Arps, Slate, Meagher & Flom, write that although the Robinson-Patman Act has long been considered a stepchild of the antitrust laws, overshadowed by its more popular older siblings Sherman and Clayton, businesses, particularly sellers of goods, need to be aware of Robinson-Patman, not only as a potential tool, but also as a threat to consider when bringing suit against, or altering an arrangement with a customer.
 
Revealing Your Client's 'Guilt' When He Sues You Top
In his Ethics and Criminal Practice column, Stroock & Stroock & Lavan's Joel Cohen, writes: You litigated your heart out for a client whom you relentlessly claimed to be innocent. But despite your Herculean efforts, the jury simply didn't buy the alibi so poignantly delivered at trial by his girlfriend. After two years in prison, for a variety of reasons largely arising from incorrect rulings by the trial judge, the client gains a reversal, and then decides to sue you for legal malpractice.
 
Whether Police Had Duty to Keep Woman Safe Is an Issue for Jury Top
 
Parolee Moving to New York Has No Standing to Challenge Stricter Supervision, Circuit Rules Top
 
Eagerness to Get Defendant 'Under Oath' Not Defamatory, Panel Says Top
An attorney for a lender did not defame a defendant in a pending Long Island civil mortgage fraud case by commenting to a local newspaper that "I'm looking forward to getting him under oath," a unanimous panel of the Appellate Division, First Department has ruled.
 
Pfau Orders Courts to Slash Jury Pools Top
 
News In Brief Top
 
City Plan to Turn Over Historic Brooklyn Structures to Developers Is Blocked Top
 
Clarification Top
 
Sherlock v. 20 E. 9th St. Owners Corp. Top
Co-op Did Not Create Nuisance or Retain Control of Apartment, Not Liable for Noise
 
Matter of Adler v. NYC Housing Authority Top
Decision Denying Tenant of Record's Wife Remaining Family Status Is Upheld
 
Heywood Towers Associates v. Hussain Top
Section 8 Tenant Not Liable for Full Amount Of Rent Even After Termination of Subsidy
 
Parkchester Preservation Co. LP v. Feldeine Top
Stipulation, Judgment Entered Into by Lay Person On Tenant's Behalf Vacated
 
Dahari v. Libov Top
Release Terminating Ex-Tenant's Obligations Under Lease Grants Him Dismissal of Claims
 
H&H Realty LLC v. Wesley Top
Owner Granted Summary Judgment In Superintendent Holdover Proceeding
 
United States v. L&M 93rd Street LLC Top
Intervention Denied to Real Estate Board For Failure to Show Interest in Bias Action
 
Burhans v. County of Putnam Top
Court Dismisses Fired Public Health Nurse's First Amendment Retaliation Claim
 
Philadelphia Indemnity Ins. Co. v. City of New York Top
Listing of 'City of New York' as Additional Insured Does Not Cover All City Agencies
 
Stop & Shop Supermarket Co. LLC v. Goldsmith Top
Removal to Federal Court Satisfies Exception To Rule of Unanimity, Forum-Defendant Rule
 
Apex Maritime Co. Inc. v. Ohm Enterprises Inc. Top
Shipping Company Fails to Adequately Allege Claim for Piercing Corporate Veil
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: Are Insured's Legal Fees a Consequence of 'Bi-Economy' and 'Panasia'? Top
Yale Glazer, a partner at Lazare Potter & Giacovas, writes that since the Court of Appeals in 2008 "changed the landscape" for consequential damages claims asserted against insurance companies, insureds are pointing to the courts's holdings in Bi-Economy and Panasia as a purported basis to demand another category of relief—the legal fees they incur in bringing their coverage lawsuits, even in the absence of any allegations of insurer bad faith.
 

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