The latest from NYLJ.com
- Richard Green (Fine Paintings) v. McClendon
- The Endangered Ostrich Defense: Actual Belief Exception Questioned
- Federal Circuit Clarifies Law on Contempt and Reissue
- Jury Weighs Whether Mob Killer Deserves Death
- Lawyer Creates Clinic After Role in 'Neediest' Case Reveals What's Wrong With Guardianship System
- Panel Allows Wrongly Enjoined Party to Seek Recovery Against Bond
- Attorneys, Others Found Guilty in Tax Shelter Case
- Gonzalez's Recent Hires Among Those Laid Off
- Attorney Advertising Rules Finally Adopted
- News In Brief
- Judge Moves $6.8 Billion Madoff Case to District Court From Bankruptcy Court
- Justices Reveal Pet Peeves, Priorities in Reviewing Briefs From Advocates
- Comodore Factors Corp. v. Habib American Bank
- Castellano v. Seaport Park Condo.
- Matter of Perry v. 61 Jane St. Tenants Corp.
- Fung v. Holy Trinity Ukrainian Authocefalic Orthodox Church
- RCPI Landmark v. Chasm Lake Management Services LLC
- Kaplan v. Khan
- Word v. Lord
- Mori v. Saito
- Rodriguez v. Smith
- Northwestern Nat'l Ins. Co. v. Insco Ltd.
- In re Citigroup Inc. Shareholder Derivative Litig.
- Cabrera v. NYC Housing Authority
- Outside Counsel: 'Mighty Midgets' Fee Shifting Rule: A Study in Exceptions
Richard Green (Fine Paintings) v. McClendon | Top |
Woman Loses Breach Suit Over $4.2 Million Painting; E-Mails Satisfied Statute of Frauds | |
The Endangered Ostrich Defense: Actual Belief Exception Questioned | Top |
In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison members Martin Flumenbaum and Brad S. Karp discuss a recent case where the majority upheld a conviction despite the trial court's failure to include the subjective defense of actual belief, part of the conscious avoidance standard jury charge. The erosion of this defense to the conscious avoidance doctrine creates a definite risk in the corporate context, where knowledge could be implied up the corporate ladder. | |
Federal Circuit Clarifies Law on Contempt and Reissue | Top |
In their Patent and Trademark Law column, Robert C. Scheinfeld of Baker Botts and Parker H. Bagley of Goodwin Procter discuss the Federal Circuit's implementation of the "two-step KSM analysis" in the recent Tivo v. EchoStar decision and how that ruling suggests that contempt proceedings may be more streamlined and focused, and that counsel and litigants will be sure to seek certainty regarding the language of an injunction order sooner rather than later. | |
Jury Weighs Whether Mob Killer Deserves Death | Top |
Lawyer Creates Clinic After Role in 'Neediest' Case Reveals What's Wrong With Guardianship System | Top |
Panel Allows Wrongly Enjoined Party to Seek Recovery Against Bond | Top |
Attorneys, Others Found Guilty in Tax Shelter Case | Top |
Gonzalez's Recent Hires Among Those Laid Off | Top |
Attorney Advertising Rules Finally Adopted | Top |
News In Brief | Top |
Judge Moves $6.8 Billion Madoff Case to District Court From Bankruptcy Court | Top |
Justices Reveal Pet Peeves, Priorities in Reviewing Briefs From Advocates | Top |
Comodore Factors Corp. v. Habib American Bank | Top |
Account Pledged as Collateral on Credit Line; Bank Has Superior Right Over Judgment | |
Castellano v. Seaport Park Condo. | Top |
Dismissal Is Precluded by Questions of Fact As to Who Is Liable for Plaintiff's Injuries | |
Matter of Perry v. 61 Jane St. Tenants Corp. | Top |
Board Properly Terminated Shareholder's Proprietary Lease in Interests of Co-op | |
Fung v. Holy Trinity Ukrainian Authocefalic Orthodox Church | Top |
Issues of Fact Preclude Summary Judgment To Landowners Regarding Strip of Land | |
RCPI Landmark v. Chasm Lake Management Services LLC | Top |
Landlord's Petition for Rent Not Previously Demanded Is Found Fatally Defective | |
Kaplan v. Khan | Top |
Pastor Granted Dismissal of Parishioner's Defamation Claim as Not Justiciable | |
Word v. Lord | Top |
Habeas Petition Improper Device to Test Post-Conviction Proceeding Shortcomings | |
Mori v. Saito | Top |
Counsel Did Not Breach Conduct Rule By Listening in on Late-Night Phone Call | |
Rodriguez v. Smith | Top |
Mens Rea Claim for Manslaughter 1 Did Not Permit Conviction for Lesser Offense Rejected | |
Northwestern Nat'l Ins. Co. v. Insco Ltd. | Top |
Appointment of Replacement Arbitrator Would Frustrate Parties' Intent Under Pact | |
In re Citigroup Inc. Shareholder Derivative Litig. | Top |
Amended Shareholder Derivative Complaint Dismissed; Futility of Prior Demand Not Shown | |
Cabrera v. NYC Housing Authority | Top |
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience | |
Outside Counsel: 'Mighty Midgets' Fee Shifting Rule: A Study in Exceptions | Top |
Andrew S. Kowlowitz, a partner of Furman Kornfeld & Brennan, writes that a successful litigant typically may not recover its legal fees from its adversary except where authorized by statute, agreement or court rule, or where the New York courts have recognized a narrow exception to the "American Rule" in the context of insurance coverage litigation. | |
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