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Thursday, June 30, 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
 
People v. Encarnacion Top
Confrontation Right Forfeited by Threats Used to Induce Refusal to Testify at Trial
 
People v. McLartey Top
Counsel Only Required to Advise Non-Citizens Of Immigration Consequences, Not Citizens
 
People v. Nichson Top
Court Finds Criminal Trespass Charges Facially Sufficient in Public Housing Case
 
Matter of Yoda Top
Officers Lacked Requisite Suspicion for Stop, Frisk; Suppression of Knife Is Granted
 
People v. Neville Top
Complaint Found Sufficient Alleging Welfare Of Incompetent Person Was Endangered
 
Matter of Kiara C. Top
Juvenile Delinquent Granted Motion to Seal Record Over Baby's Death in Interest of Justice
 
Matter of Giles C v. Janet L Top
Minor Will Get County Attorney if She Files Affidavit That Parents Refused Her Counsel
 
Argentto Systems Inc. v. Subin Associates LLP Top
Copyright's Purported Infringement Found to Occur Before Registration
 
Mason v. Duncan Top
Persistent Felon Sentence Did Not Violate Due Process, Right to Jury Trial Under 'Apprendi'
 
Forman v. Novartis Pharmaceuticals Corp. Top
Expert?s Opinions on Drug Firm's Compliance With FDA Rules Found Relevant to Litigation
 
Leroy v. New York City Board of Elections Top
Due Process, Gender Bias Claims Are Rejected In Board's Refusal to Put Name on Ballot
 
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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