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Wednesday, August 10, 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
 
Jury Rejection of Uncontradicted Expert Testimony Top
In his Products Liability column, Michael Hoenig, a member of Herzfeld & Rubin, writes that venerable and recent case law suggests that uncontradicted, unimpeached, unrebutted expert testimony cannot simply be ignored despite the talismanic charge that the jury is the sole judge of a witness' credibility or the weight to be given to his or her testimony.
 
Communications Involving Collection of Decedents' Debts Top
In his Debtor-Creditor Law Wrap-Up, David M. Barshay of Baker, Sanders, Barshay, Grossman, Fass, Muhlstock and Neuwirth notes that with the dramatic decrease in the number of estates that actually go through formal probate, there is often no executor or administrator, and a debt collector is often unable to determine who has the authority to discuss and/or pay a decedent's debts.
 
Designer's Claim Rival's Red Soles Infringed Trademark Is Rejected Top
 
State Negligence Ruled a Factor in Patient's Attempted Suicide Top
 
U.S. Judge Finds No Constitutional Damages Claim in Bullying Case Top
 
ABA Preparing Ethics Advice On Technology, Globalization Top
 
Ex-Body Armor Executive Pleads Guilty to Tax Charges Top
 
Claim of Prior Road Incident Is Excluded From Testimony Top
 
Suits Accuse New York Law School, Thomas Cooley of Job Statistics Fraud Top
 
Marshall Summer Internships Conclude Top
 
Clarification Top
 
Vig v. New York Hairspray Co. LP Top
Actor's Employment Discrimination Claims Time-Barred by 3-Year Limitations Period
 
Chaine v. Paris Limousine Services Corp. Top
Limo Drivers Fail to Meet 'Superiority' Prerequisite for Class Action
 
Matter of Martinez v. Vengersky Top
Officer's Probationary Period Properly Extended and Termination Authorized
 
Suri v. Grey Global Group Inc. Top
Fired Employee's Discrimination Claims Fit Within Cognizable Legal Theory, not Vague
 
South Shore Adjustment Co. v. Pierre Top
Creditor's Complaint Is Doomed by FailureTo Prove Assignment, Notify Debtor
 
DiGeronimo v. Fuchs Top
Jehovah's Witness Loses Medical Malpractice Bid Against Doctor Over Blood Transfusion
 
International Strategies Group Ltd. v. Ness Top
Handwritten Fax Does Not Amount To Continuous Course of Conduct
 
Marzullo v. Beekman Campanile Inc. Top
Proof of Breach Ruled Necessary For Tortious Interference Contract Claim
 
Ricks v. New Chrysler Top
Lemon Law Claims Must Be Referred To Bankruptcy Court
 
Equal Employment Opportunity Commission v. Kelly Drye & Warren LLP Top
Employment Commission Files Suit Against Law Firm for Age Discrimination
 
Longacre Master Fund Ltd. v. ATS Automation Tooling Systems Inc. Top
Creditor's Claim Is Not Subject To Disallowance Under Omnibus Objection
 
Outside Counsel: Narrowing the Applicability of Adverse Possession Amendments Top
Joshua E. Kimerling, a partner at Cuddy & Feder, writes that, in an ironic twist, the reach of a law designed to protect property owners against claims by adverse possessors has the effect of protecting the property rights of the adverse possessors.
 

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