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Monday, April 11, 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
 
Gerber Finance Inc. v. Oved Diamond Co. Ltd. Top
Partial Summary Judgment on Replevin Claim Granted Pursuant to Loan Agreement
 
Bank of Smithtown v. Minetta Properties Inc. Top
Court Finds Meritless Mortgagor's Claims Of Bad Faith, Fraud by Bank
 
Bank v. Russo Top
Partial Payments on Account Indicate Debtor Owes Amount Due, Judge Says
 
Estate of Jack E. Maurer Top
Decedent's Wife Motion to Remove Preliminary Executors Is Dismissed
 
Wisniewski v. PACOA Top
No Evidence Found That Defendant Intentionally Destroyed Video Evidence
 
DaSilva & Hilowitz LLP v. Style Top
Release Did Not Extinguish Husband's Obligation to Pay Wife's Legal Fees
 
BLD Productions LLC v. Viacom Inc. Top
Court Explains Dismissal of Breach Claims Over Recording of Aretha Franklin Concert
 
Scottrade Inc. v. BroCo Investments Inc. Top
Broker Who Reimbursed Defrauded Customers Lacks Standing to Sue for Fraud
 
Agoro v. United States Top
Abuse of Writ Doctrine Cited in Denial Of Habeas Repeating Ineffectiveness Claims
 
In re: Assoc. of Graphic Communications Inc. Top
Evicted, Bankrupt Business Tenant Need Not Pay Post-Petition Administrative Rent
 
Matter of Taub Top
Dilatory Actions, Judicial Process Abuse Noted in Upholding of Trustee Appointment
 
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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