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Tuesday, August 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
 
Supermarket Strike Profit-Sharing Not Immune Top
In his Antitrust column, Cahill Gordon & Reindel partner Elai Katz reviews recent decisions on an agreement to share revenues among Southern California supermarket chains during a strike, an FTC challenge to a drug acquisition for failure to properly define the relevant product market, an enforcement action charging an ATM manufacturer with fabrication of documents submitted to the government for premerger review, and more.
 
Unusual World Trade Center Argument, Choice-of-Law, Tainted Marital Property Top
In their New York Court of Appeals Roundup, Roy Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, analyze recent decisions in which the court applied the laws of different jurisdictions to different tort claims arising out of a single accident, and determined a person may retain assets received in good faith through a divorce even when those assets were originally fraudulently acquired by the former spouse.
 
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
 
498 Seventh Ave. LLC v. Easy Street, Inc. Top
Individual Defendants Liable for Obligations Incurred on Behalf of Dissolved Corporation
 
Hamilton v. Crown Gardens Housing Corp. Top
Motion Denied to Set Aside Decision That Child Is Not Entitled to Succession Rights
 
Matter of Hodges v. Division of Housing & Community Renewal Top
Denial of Succession Rights Found Arbitrary, Vacated; Investigation Went Outside Record
 
Chase Home Finance LLC v. Adetula Top
Court Orders Traverse Hearing on Whether Service Was Proper; Motions Held in Abeyance
 
A.K. Estates v. 454 Central Corp. LLC Top
Tenant Found Entitled To Automatic Stay of Eviction
 
Millenium Hills Housing Development v. Davis Top
Court Upsets Termination By Town Housing Authority
 
Emslie v. Borg-Warner Automotive Inc. Top
Circuit Affirms Rulings Against Scot Hurt When ATV Overturned in England
 
Edmonds v. Central N.Y. Psychiatric Center Top
Inmate Makes Viable Eight Amendment Claim For Doctor's Failure to Inform, Treat Diabetes
 
Indomenico v. 123 Washington LLC Top
Interstate Land Sales Disclosure Law Applies To Condo Sales; Sponsor Is Denied Judgment
 
Briggs v. Women in Need Inc. Top
Woman's Allegations Give Rise to Inference That Firing Stemmed From Her Pregnancy
 
Union Security Life Ins. Co. of New York v. JJG-1994 Top
Younger Son Receives Father's Life Benefits; Elder Is Barred by Manslaughter Guilty Plea
 
Outside Counsel: Summary Judgment: Between a Rock and a Hard Place Top
Andrew S. Kaufman and Cristina La Marca of Kaufman Borgeest & Ryan write: The practice of the trigger and the timing of both plaintiff's and defendant's disclosure arbitrarily varies from judge to judge. This incongruity is tolerable except when it results in interference with a party's right to move for summary judgment.
 

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