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Tuesday, June 28, 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
 
Second Circuit Adopts Broad Standard Supporting Entry of Default Judgments Top
In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison members Martin Flumenbaum and Brad S. Karp discuss a decision which addressed two issues on which circuits previously have split: first, whether a clerk can properly enter a default against defendants that had answered the complaint and moved to dismiss the claims; and second, whether a court can properly enter a default judgment against defendants without first determining that it has personal jurisdiction over those defendants.
 
The City's Appellate Practice—Some Recent Cases Top
In his Municipal Law roundup, Jeffrey D. Friedlander, first assistant corporation counsel of the City of New York, discusses the Second Circuit's decisions regarding regulation of the exercise of speech on city property, vending rules and post-conviction DNA testing.
 
New Contribution Rule Limits Assignments to Elected Judges Top
 
Ruling Permits Attempt to Extend Jail Inmate Re-entry Settlement Top
 
RICO Claims Reinstated in Long Fight Between Steel Supply Rivals Top
 
Albany: Amendment Would Raise Judges' Retirement Age Top
 
Judge Blasts Ex-Inmate Over Filing of 'Frivolous' Motions Top
 
A.G. Names Public Integrity Officer in Buffalo Top
 
Council Seeks Comment on Housing Court Judge Top
 
Personal Notes on Lawyers Top
 
Supreme Court Agrees to Weigh Warrantless GPS Tracking by Police Top
 
Gorovets v. State of New York Top
Act Ruled Discretionary, Not Ministerial; State Cannot Be Held Liable for Negligence
 
Wilk v. JP Morgan Chase Bank Top
Bank Denied Summary Judgment Dismissing Ex-Guarantor's Claims of Unjust Enrichment
 
Bergen Brick LLC v. Whinfield Top
Owner Vested With Absolute Authority To Sue Tenant in Non-Payment Proceeding
 
Laccone v. Roslyn Chalet Top
Delay in Seeking Leave Warrants Denial; Issues Raised Sufficient to Defeat Dismissal
 
Gorbrook Associates Inc. v. Silverstein Top
Landlords Denied Renewal/Reargument As No Landlord/Tenant Relationship Existed
 
M&M Management LLC v. Court Order Inc. Top
Both Parties Fail to Prove Claims in Suit Over Allegedly Defective Tennis Court
 
Toliver v. Commissioner of New York City Department of Correction Top
Only One 'Strike' Under 28 USC §1915(g); In Forma Pauperis Status Not Revoked
 
United States v. Mandell Top
No Speedy Trial Act Breach Found As Disputed Periods Were Properly Excluded
 
Liquidnet Holdings Inc. v. Pulse Trading Inc. Top
Inequitable Conduct Claim Is Dismissed; Final Judgment of Non-Infringement Entered
 
Wells Fargo Bank N.A. v. National Gasoline Inc. Top
$10,446 Sanction Warranted Due to Delayed, Incomplete, 'Cryptic' Discovery Productions
 
Treeline 990 Stewart Partners LLC v. RAIT Atria LLC Top
Entity's Joinder to Defeat Diversity Not Shown; Joinder Ruled Permitted, Was Fair
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: Court of Appeals Clarifies Qualification of Reputation Evidence Top
Joseph D. Nohavicka, a partner at Mavromihalis Pardalis & Nohavicka, writes: The credibility of a witness in both civil and criminal cases can be impeached by showing that their reputation for truth and veracity is bad. The right to do so is triggered once a proper foundation has been laid that a "key opposing witness" has a bad reputation in the community for truth. But what, exactly, is a "community?" The Court of Appeals recently issued a decision on this question.
 

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