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Tuesday, June 14, 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
 
Defective Design, HIPAA, 'Brady,' And Implied Consent to Mistrial Top
In this installment of New York Court of Appeals Roundup, Roy L. Reardon and Mary Elizabeth McGarry of Simpson Thacher & Bartlett discuss a product liability decision in which the Court of Appeals analyzed a defendant's burden at the summary judgment stage in a defective design case, a matter arising under "Kendra's Law," where the Court declined to adopt expansive interpretations of two exceptions to the Privacy Rule enacted pursuant to HIPAA, and decisions in two criminal cases.
 
Supreme Court Overturns $14 Million Verdict for Wrongful Conviction Top
In his Public Interest Law column, Martin A. Schwartz, addresses a recent Supreme Court decision holding that a district attorney's office cannot be held liable under §1983 for failure to adequately train ADAs on their due process obligations to turn over exculpatory material to the defense, unless the plaintiff demonstrates a pattern of violations by the ADAs.
 
Panel Upsets Ex-Officer's Manslaughter Conviction Top
 
Gibson Dunn Associate Among 26 Arrested For Trading Images of Violent Child Sexual Assaults Top
 
Judge Vacates TRO Against OCA Over Clerks' Uncompensated Hours Top
Acting Justice Barbara Jaffe also denied the request of the New York State Clerks' Association, which has 1,600 members in New York City, for a preliminary injunction prohibiting OCA from re-structuring the hours of night clerks in a manner that requires four hours of uncompensated meal time per week.
 
Panel Orders Hearing On Guardianship Petition Top
 
Ethics Complaint Questions Spending to Defend DOMA Top
 
Nassau Surrogate Trims Public's Access to Staff Top
 
ABA to Require More Detailed Employment Data From Law Schools Top
 
Retired Magistrate Judge Recognized Top
 
Matter of Karlsberg v. Tax Appeals Tribunal of State of New York Top
Federal Conformity Doctrine Inapplicable to NY's Treatment of Itemized Gambling Losses
 
Tapia v. Successful Management Corp. Top
Landlords Violated J-51 Law, Local Law 10 By Refusing Section 8 Vouchers From Tenants
 
Bldg Management Co. Inc v. Meija Top
Court Rules 22 NYCRR §208.14 Inapplicable To Action Marked Off Calendar for Discovery
 
Pinnacle Hamilton LLC v. Moumouni Top
Landlord Fails to Raise Triable Issues On Illegal Rent Demand, Overcharge Issues
 
Epic Wholesalers v. J.P. Morgan Chase Bank NA Top
Plaintiffs Estopped From Taking Inconsistent Positions in Prior and Instant Actions
 
Mortgage Electronic Registration Systems Inc. v. Rambaran Top
Issues of Fact if HSBC Bona Fide Purchaser Due to Discrepancies Preclude Dismissal
 
20-22 Prince LLC v. Yen Top
Hospital, Muncipal Records Admissible, While VNS Records Require Foundational Witness
 
Boluk v. Holder Top
Burden of Showing Qualifying Marriage's Good Faith Entry Rightly Placed on Alien
 
Chiste v. Hotels.com LP Top
Unjust Enrichment Claim Precluded by Claim Of Valid Contract Through Use of Web Site
 
Rozier v. Financial Recovery Systems Inc. Top
Collection Letter Unclear on Amount Owed, Additional Charges on Amount Stated
 
Federal Trade Comm. v. Consumer Health Benefits Assoc. Top
FTC's Fraud Suit Over Medical Discount Plans' Marketing Is Not Subject to Automatic Stay
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: Role of Collateral Estoppel in Expelling Those Who Committed Nazi Crimes Top
Lee A. Spielmann, an assistant regional counsel with the U.S. Environmental Protection Agency, writes that the Seventh Circuit recently precluded a defendant from re-litigating during a deportation proceeding facts concerning his activities as a Nazi collaborator that were established during the antecedent denaturalization trial.
 

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