The latest from NYLJ.com
- Richard Green (Fine Paintings) v. McClendon
- Should Premiums Be Returned When Policies Are Obtained by Fraud?
- Role of Non-Party Physician Witness in Personal Injury Litigation
- Nassau Prosecutors Ask Judge to Revisit Allegations in Opinion
- Referee Says Prince Should Pay $4 Million to Perfume Manufacturer
- Despite Old Ruling, Chevron Cleared to Challenge Ecuadorean Courts
- Goldman Sachs to Stop Disputed Mortgage Practices
- Man Loses Bid to Evict Ex-Wife From Apartment
- New York Judge Hears Issues Raised by Hotel Contract Dispute in Hawaii
- 9/11-Related Calendar of Events
- Matter of Jones v. District Attorney's Office of the County of NY
- Matter of Cheng v. NYS Office of the Attorney General Real Estate Financing Bureau
- Matter of Heather W.B. v. Michael B. Sr.
- Congregation Chesed L'Avraham v. Nationwide Mut. Ins. Co.
- Matter of Debi R.-C. v. Danica P.
- Yong Jia Construction Inc v. Betts
- United States v. Carollo
- Weeks Marine Inc. v. American Steamship Owners Mutual Protection and Indemnity Association. Inc.
- In re: Initial Public Offering Securities Litigation
- Castilla v. City of New York
- Sharkey v. J.P. Morgan Chase & Co.
- Outside Counsel: Proposal to Amend Rule 11 Introduced in Congress
| Richard Green (Fine Paintings) v. McClendon | Top |
| Woman Loses Breach Suit Over $4.2 Million Painting; E-Mails Satisfied Statute of Frauds | |
| Should Premiums Be Returned When Policies Are Obtained by Fraud? | Top |
| In his Insurance Fraud column, Rivkin Radler partner Evan H. Krinick writes: The rule that an insurer seeking to rescind an insurance contract for fraud must return premiums it had received is long established in New York. But what benefit does the rule provide? Does not such a rule provide incentive to procure policies by fraud, since there is no financial loss if the fraud is timely discovered and acted upon by the insurer? A recent Eighth Circuit decision suggests the viability of not requiring the return of premiums in such cases. | |
| Role of Non-Party Physician Witness in Personal Injury Litigation | Top |
| In their Medical Malpractice Defense column, John L.A. Lyddane and Barbara D. Goldberg, partners at Martin Clearwater & Bell, write: A well-balanced defense may require the participation of non-party treating physicians, and their presence and testimony at trial could communicate a legitimacy which is not conveyed by either the parties or their expert witnesses. Whether non-party physicians can advance the position of a litigant requires careful analysis by the trial attorney, who needs a solid basis for that analysis. | |
| Nassau Prosecutors Ask Judge to Revisit Allegations in Opinion | Top |
| Referee Says Prince Should Pay $4 Million to Perfume Manufacturer | Top |
| Despite Old Ruling, Chevron Cleared to Challenge Ecuadorean Courts | Top |
| Goldman Sachs to Stop Disputed Mortgage Practices | Top |
| Man Loses Bid to Evict Ex-Wife From Apartment | Top |
| New York Judge Hears Issues Raised by Hotel Contract Dispute in Hawaii | Top |
| 9/11-Related Calendar of Events | Top |
| Matter of Jones v. District Attorney's Office of the County of NY | Top |
| District Attorneys not Clerks of Court; FOIL Request Under Judiciary Law §255 Denied | |
| Matter of Cheng v. NYS Office of the Attorney General Real Estate Financing Bureau | Top |
| OAG's Decision to Release Buyer's Escrowed Down Payment to Sellers not Arbitrary, Upheld | |
| Matter of Heather W.B. v. Michael B. Sr. | Top |
| Cross-Family Offense Petitions Should be Heard In Same Court; Venue Transfer Granted | |
| Congregation Chesed L'Avraham v. Nationwide Mut. Ins. Co. | Top |
| Congregation Demonstrates Triable Issues Precluding Insurer's Dismissal Motion | |
| Matter of Debi R.-C. v. Danica P. | Top |
| New York not Child's Home State; Same-Sex Partner's Petition for Custody Denied | |
| Yong Jia Construction Inc v. Betts | Top |
| Company's Inartfully Pleaded Claims For Unjust Enrichment, Fraud Dismissed | |
| United States v. Carollo | Top |
| Wire Fraud Claim Untimely But Conspiracy Counts Survive in Bid Manipulation Suit | |
| Weeks Marine Inc. v. American Steamship Owners Mutual Protection and Indemnity Association. Inc. | Top |
| 'Prompt Notice' Failure Relieves Insurer From Indemnifying Concussion Award | |
| In re: Initial Public Offering Securities Litigation | Top |
| 'Objector' to $586 Million Global Settlement Not Class Member, Lacks Standing to Object | |
| Castilla v. City of New York | Top |
| Detective's Sex Assault Victim Can Discover City Policy on Handling of Women Suspects | |
| Sharkey v. J.P. Morgan Chase & Co. | Top |
| Sarbanes-Oxley Whistle-Blowing Claims Survive Bank's Dismissal Motion | |
| Outside Counsel: Proposal to Amend Rule 11 Introduced in Congress | Top |
| Ann M. Odelson and Timothy B. Parlin of Carroll, McNulty & Kull discuss whether the amendment to Rule 11, which attempts to reduce frivolous lawsuits, will be enacted, and how without the serious threat of punishment for filing these lawsuits, innocent individuals and companies will continue to face the harsh economic reality that simply paying off frivolous claimants is often cheaper than litigating the case. | |
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