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Wednesday, June 29, 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
 
'Zeig' Still Governs Exhaustion of Underlying Policy Limits in New York Top
In their Corporate Insurance Law column, Schulte Roth & Zabel's Howard B. Epstein and Theodore A. Keyes write: On Jan. 9, 1928, Judge Augustus Hand, then sitting on the Second Circuit, called it as he saw it in Zeig v. Massachusetts Bonding & Ins. Co., and to this day courts across the nation have followed and continue to follow this seminal decision on triggering excess insurance. In the last few years, however, several courts have taken the time to reexamine Zeig.
 
2011 Guideline Amendments: A Mixed Bag Top
Alan Vinegrad and Jason Levine of Covington & Burling discuss the the proposed amendments to the Sentencing Guidelines and how they will affect a provision in the Patient Protection and Affordable Care Act of 2010, the Fair Sentencing Act of 2010, and a proposal which will make it marginally easier for minimal participants in crimes to receive a downward adjustment.
 
Gay Librarian's Suspension Shocks Court's Sense of Fairness Top
 
Criticism of Lab Evidence Testing Prompts Judge to Order New Trial Top
 
D.A. Drops Murder Case Against 2 Men Who Spent 19 Years in Prison Top
 
Albany: State Bar to Increase Dues For Most Members in 2012 Top
 
A.G. Names Remaining Public Integrity Officers Top
 
Ex-Broker Takes Judge's Advice and Waives Venue Top
 
Circuit Finds Enron Investor Payments Are Protected Top
 
New York Law School Dean to Step Down Top
 
Debevoise Names Presiding Partner Top
 
Crane A.G. v. 206 West 41st Street Hotel Associates L.P. Top
Hotel's General Partner Lacked Authority To Seek Default's Vacatur in Foreclosure
 
Stephan B. Gleich & Assoc. v. Gritsipis Top
Law Firm's Quantum Meruit, Unjust Enrichment Claims Ineligible for Entry of Clerk's Judgment
 
Randone v. State of New York Top
Patient's Personal Injury Award Subject To State's Counterclaim for Fee Recovery
 
Icahn v. Raynor Top
'Noerr-Pennington' Doctrine Bars Tortious Interference With Contract Claim
 
Access Staffing LLC v. Duff & Phelps LLC Top
Dispute Regarding Contract Allows Assertion Of Contract Breach, Unjust Enrichment Claims
 
Dionysiou v. Olivieri Top
Triable Issues Exist Over Whether Buyer Exercised Diligent Efforts to Obtain Mortgage
 
Gao v. Li Top
Employee's Damages Claim Barred by Law, Res Judicata; Employer Granted Dismissal
 
Matter of Town of North Hempstead v. County of Nassau Top
County Comptroller Permitted to Audit Town: Town Is Ordered to Comply With Subpoena
 
Bank of America N.A. v. New York Merchants Protective Co. Inc. Top
Receiver Loses Bid for Certificates Entitling Bank to Primacy Over Other Creditors
 
Diversified Investment Advisors Inc. v. Baruch Top
Divorcee Explicitly Waived Rights to Deceased Former Husband's Teacher Annuity Benefits
 
Hochreiter v. HP Hood LLC Top
No Legal Certainty Damages Below $75,000 Jurisdiction Threshold; Remand Denied
 
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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