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Monday, June 6, 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
 
Court of Appeals Ponders 'Choice-of-Evils' Defense Top
In his Criminal Law and Procedure column, Barry Kamins, an Acting Supreme Court Justice and Administrative Judge for Criminal Matters in Brooklyn Supreme and Criminal Courts, writes that while the law prefers that an individual avoid a greater evil by choosing to commit a lesser one, the Court of Appeals has now reminded us that for the defense to apply, the defendant must be facing two separate and distinct "evils."
 
Significant Issues on ERISA Addressed in 'CIGNA Corp. v. Amara' Top
In their Employment Law column, Weil Gotshal & Manges partners Jeffrey S. Klein and Nicholas J. Pappas discuss a recent decision and offer observations as to the impact of the case on circuit precedent, and the scope remedial provisions §502(a)(1)(B), which allows for monetary relief, but restricts the claims that may be brought under that section to claims for benefits under the terms of the plan, and §502(a)(3) which allows for plaintiffs to sue for a broader set of wrongs, but provides for "appropriate equitable relief" only, which the Supreme Court, in a series of cases, has narrowly circumscribed.
 
'Innocent Buyer' of Stolen Art Loses Out to French Museum Top
 
Cuomo, Lawmakers Agree on Ethics Reform Top
 
Conviction Is Upheld Despite ADA's 'Excessive' Summation Top
 
Judge Drafts List of Banned Purchases for Father After His 'Egregious' Child Support Violations Top
 
Panel Limits Liability of Insurance Companies for Costs of Defending Against Asbestos Lawsuits Top
 
Orrick's Fees on Bratz Doll Case May Turn on Southern District Dispute Top
 
LSAT Hopeful Fails in Bid for Accommodation at Test Top
 
Attorney Disbarred After Pleading Guilty to Theft Top
 
Ex-Senior Manager Sues KPMG Alleging Gender Bias Top
 
Another Ex-Madoff Worker Expected to Plead Guilty Top
 
Personal Notes on Lawyers Top
 
People v. Morales Top
Gang Shootings Not 'Crimes of Terrorism'; 'Civilian Population's' Coercion Not Intended
 
People v. Davis Top
Juror Misconduct Not Found Where Jury Relied on Attorney-Juror's 'Expertise'
 
D.B. Global Resoruces Inc. v. Smith Top
Testimony, Credible Evidence Revealed Plaintiff Entitled to Reasonable Fees
 
Hartman v. Milbel Enterprises Inc. Top
Limitations Period Tolled Until Mothers Are Appointed Guardians of Infant Distributees
 
Audi of Smithtown Inc. v. Volkswagen Group of America Inc. Top
Court Says Bonus Programs Violated Franchised Motor Vehicle Dealer Act
 
Matter of E. Hampton v. Zoning Board of Appeals, Village of E. Hampton Top
Zoning Board's Denial of Variances, Permit To Library Found Arbitrary, Irrational
 
Matter of Stop & Shop Cos. Inc. v. Assessor, Bd. of Assessors Top
Fractional Lessee Empowered to Commence Tax Certiorari Challenge to Tax Assessment
 
Matter of Brown v. Bd. of Ed., Mahopac Central School District Top
Teacher's Maternity Leave Does Not Toll Probationary Period for Calendar Time
 
Community Healthcare Assoc. of New York v. N.Y. State Dept. of Health Top
State, Health Department Immune in Health Centers' Suit Over Medicaid Underpayments
 
LoPresti v. Pace Press Inc. Top
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKEmployment
 
Utilisave LLC v. Spark Energy LP Top
Hospital's Agent Lacks Article III Standing To Sue Texas Energy Firm Over False Billing
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: Public Campaign Financing Law: Protecting Against Excessive Cost Top
Laurence D. Laufer, a partner at Genova, Burns & Giantomasi, discusses a recent First Department decision that limited recoveries under a provision of New York City's public financing law that requires repayment of funds after all campaign expenses have been paid to the funds actually remaining in the campaign account; the issue of holding candidates personally liable for public funds repayments; and possible alternative measures for safeguarding public tax dollars.
 

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