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Monday, August 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
 
Practical Responses to the New French Arbitration Law Top
In their Arbitration column, Samuel Estreicher and Steven C. Bennett of Jones Day review the new law, which lessens the formalism surrounding arbitration, expressly provides for the confidentiality of domestic arbitrations but reverses the presumption of confidentiality in international cases, clarifies the role of French courts in supervising arbitration, and promotes the recognition of arbitration awards.
 
Jail Inmate Cannot Claim Privilege for Recorded Call Top
 
Authors of Online Comments May Remain Anonymous, Judge Finds Top
By holding that the anonymous and allegedly defamatory comments left on a Rochester daily newspaper's website are matters of opinion rather than assertions of fact, Supreme Court Justice David Michael Barry did not reach a lingering question on the applicable standard for releasing the identity of an anonymous Internet publisher. Neither the U.S. Supreme Court nor the New York appellate courts have declared a controlling standard.
 
Despite U.S. Role, Environmental Lawsuit Is Shifted to State Court Top
 
Irene Disrupts Courts, Mostly Located Upstate Top
 
State Officials Ruled Immune From Post-Release Action Top
 
Objectors to BofA Settlement Remove Case to Federal Court Top
 
Clarification Top
 
Slade v. Newman Top
Loan Note Ruled Not Promissory Note, But Instrument for Payment of Money Only
 
QBE Ins. Corp. v. Jinx-Proof Inc. Top
Assault and Battery Exclusion Relieves Insurer From Duty to Defend, Indemnify
 
Sovereign Bank v. American Elite Properties Inc. Top
Release Found Not to Apply to Agreements; Liability Proven, But Not Damages
 
Rodriguez v. Allstate Ins. Co. Top
Foreseeable Consequential Damages Proceed, but Punitives Are Denied
 
Kopel v. Nassau County Bd. of Elections Top
Petition Found Invalid as No 'Wilson/Pakula' Certificate Was Filed, Vacancy Not Created
 
Matter of Rossetti v. Lopez Top
Board's Decision to Use Enrollment Published April 2011 Requiring 13 Signatures Upheld
 
United States v. Coke Top
Wiretap Evidence Denied Suppression As Obtained Contrary to Jamaican Law
 
Guardian Life Ins. Co. of America v. Hernandez Top
Florida Firm, Owner Denied Venue Transfer Of Insurer's Contract Breach Suit to Florida
 
Pensionsversicherungsanstalt v. Estate of Rose Eisinger Top
Austrian Pension Body's Unjust Enrichment, Fraud Suit Survives Jurisdictional Challenge
 
Ayco Co. L.P. v. Becker Top
Ambiguities Lead to Denial of Veil PiercingTo Arbitrate Breach, Trade Secret Theft Claims
 
Amatangelo v. National Grid USA Service Co. Inc. Top
Court Explains Dismissal of ERISA Breach Claims Over Post-Retirement Life Insurance Benefits
 
Outside Counsel: Supreme Court Holds Federal Law Preempts State Failure to Warn Claims Top
Mound Cotton Wollan & Greengrass partners John Parker and Paul Danner analyze the recent Supreme Court decision in Pliva Inc. v. Mensing, which, in leaving its 2009 holding in Wyeth v. Levine untouched, made the outcome of private lawsuits based on state failure to warn laws dependent on whether an individual was prescribed a generic or name-brand version of the same drug.
 

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