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Tuesday, May 24, 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
 
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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