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Friday, May 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
 
Appropriation Art: Oxymoron or Fair Use? Top
In his Copyright Law column, Robert J. Bernstein from The Law Office of Robert J. Bernstein discusses how a recent ruling against an artist who incorporated many of a photographer's images in a derivative work was a resounding defeat of an attempt to portray appropriation art in general as fair use and weighs in on the chance that the Second Circuit will give artists more "breathing space," with some limitations.
 
Suit Challenges N.Y. Prohibition of Non-Lawyer Firm Ownership Top
 
Judge Upholds City's Decision to Lay Off and Reassign Deputy Sheriffs Top
 
New NYCLA President to Address Budget Cuts, Civil Legal Services Top
 
News In Brief Top
 
European 'Community' Does Not Qualify as Foreign State, Judge Rules Top
Claims by the European Community that R.J. Reynolds Nabisco Inc. was complicit with black market cigarette importers and money launderers in Europe have been dismissed by a federal judge in Brooklyn.
 
Meet the New Borough Bar Presidents Top
 
Arbitrator Tells Firm to Pay Recruiter $1.9 Million for Facilitating Merger Top
 
Jayne v. Talisman Energy USA Inc. Top
Ratification Pact Not Lease Requiring Notice Mandated by §5-333(5) of Obligations Law
 
DeSantis v. Zito Top
Expert's Affidavit 'Highly Conclusory'; Movants Fail to Establish Entitlement to Judgment
 
Ramos v. 346 W. 17th St. LLC Top
Leave Is Granted to Amend Answer to Assert Cross-Claim for Contractual Indemnification
 
People v. Modesto Top
Defendant Ineligible to Have Conviction Conditionally Sealed Under CPL §160.58
 
Motor Vehicle Accident Indemnification Corp. v. Physical Medicine & Rehab of NY PC Top
Florida Law Controls, Permits Retroactive Cancellation of Policy for Misrepresentation
 
Berlly v. Gluck Top
Nursing Staff Had No Authority to Overrule Physician's Orders; Complaint Dismissed
 
Nassau Anesthesia Associates PC v. Chin Top
Provider Fails to Establish Entitlement to Full Amount Claimed From Uninsured Patient
 
Burns v. Ercole Top
Unavailable Witness' Statement Not Material, Vital to Defense; Murderer Denied Habeas
 
Krantz & Berman LLP v. Dalal Top
Court Confirms Law Firm's $470,937 Arbitral Award for Work Before Discharge as Counsel
 
Clover v. Shiva Realty of Mulberry Inc. Top
Putative Class Plaintiffs' Counsel Awarded $33,035 Under FLSA Fee Shifting Provision
 
Tailored Lighting Inc. v. Osram Sylvania Products Inc. Top
Decision Light Bulb's Patent Invalid for Lack Of Enablement Denied Reconsideration
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: Sentencing Enhancements for Trial and Grand Jury Perjury Top
Daniel R. Alonso, chief assistant in the Manhattan District Attorney's office, and Ryan C. Connors, an assistant district attorney, write that although perjury enhancements after trial are close to routine in federal courts, New York courts are less apt to impose them. They say that although that may be a function of New York's lack of sentencing guidelines, they suspect that enhancements may not be sought in many cases where they are available.
 

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