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Wednesday, April 20, 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
 
A Harmonized Fiduciary Duty For Advisers and Broker-Dealers Top
In her Securities Regulation column, Roberta S. Karmel, Centennial Professor of Law at Brooklyn Law School, writes that the issue of whether broker-dealers and investment advisers should be subject to a harmonized fiduciary standard when giving personalized advice to retail customers has been under consideration for years, at least since broker-dealers moved from a commission-based fee structure to an asset-based fee structure for brokerage customers after the unfixing of commission rates in 1975
 
MLS Restrictions, Geographic Markets and Google Top
In his Antitrust column, Elai Katz, a partner at Cahill Gordon & Reindel, comments on recent FTC developments, the rejection of the Google Books settlement, and the approval, with conditions, of Google's acquisition of a travel software firm, as well as a district court's grant of the FTC's request to preliminarily enjoin a hospital merger.
 
Court Puts Hold on Albany Judges Quarters Top
 
Wiretaps Are 'Devastating' Proof of Illegal Trades, Prosecution Says Top
 
Judicial Conduct Agency Again Presses for Open Proceedings Top
 
News In Brief Top
 
Judge Will Not Decide if Patton Boggs Has Chevron Conflict Top
 
Details From Will Underscore Joseph Flom's Charitable Nature Top
 
Obituary: Richard A. Hennessy Top
Richard A. Hennessy Jr., a long-serving district attorney in Onondaga County and a private attorney, died on Monday as he awaited heart bypass surgery in a Syracuse hospital. He was 75.
 
Damas v. Valdes Top
Post-Bed Rest, Pre-Term Labor Ruled 'Serious Injury' Under No-Fault '90/180-Day Category'
 
Cato v. Sheriff Top
Nephew Fails to Show Property Was Conveyed To Him or Obtained by Adverse Possession
 
Mejia v. Roosevelt Island Medical Associates Top
Lateral Transfer With Same Title and Salary Did Not Constitute Adverse Employment Act
 
Posa v. David Zwirner Inc. Top
Worker's Failure to Demonstrate Testimony Ruled Basis for Denial of Claim Renewal
 
Doe v. Belmare Top
Unconsolidated Law Found Not to Apply To Plaintiff's Action 'Akin to Discrimination'
 
Deveaux v. Landau Top
Owner Entitled to Recover Value of Home, Punitive Damages for Neighbor's Negligence
 
Cayo v. Saggar Top
Court Finds Service Was Improper as Starting Point to Verify Address Is DMV
 
Krause v. Merrill, Lynch, Pierce, Fenner, & Smith, Inc. Top
Merrill Found Not Liable for Worker's Sexual Assault by Colleague
 
White Mountains Reinsurance Co. of America v. Travelers Casualty and Surety Co. Top
Insurers Lose Bid to Transfer Venue to District of Connecticut
 
Flame S.A. v. Industrial Carriers Inc. Top
Court Rejects Bid to Reverse Pleading Burden In Suit to Affirm English Maritime Judgment
 
Mark IV Industries Inc. v. New Mexico Environment Department Top
No Direct Appeal for Finding That Clean-Up Duty Is Not Dischargeable Bankruptcy 'Claim'
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: Stipulations of Dismissal With Prejudice and Res Judicata Top
Daniel A. Cohen, a partner at Kornstein Veisz Wexler & Pollard, and David T. McTaggart, an associate at the firm, write that the stipulation, of course, will bar a plaintiff from re-asserting the dismissed claims in a later action, but that is not all. It also may preclude the plaintiff from seeking new and different relief; from presenting new evidence, new legal theories or new causes of action; and even from continuing with claims that are being asserted in a different pending action.
 

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