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• Richard Green (Fine Paintings) v. McClendon
• Second Circuit Limits 'First Sale' Doctrine to U.S.-Made Goods
• Testifying Experts and Scientific Articles: Reliability Concerns
• Ex-Wife of Alleged Schemer Gains Access to Assets, but Issues Remain
• Stuffed Bear Ejected From Courthouse Lobby as Violating 'Decorum'
• Panel Revives Suit Over Limits of Fidiciary Duty in Real Estate Deal
• Senate Panel Advances Three Southern District Picks
• Panel Upholds Murder Conviction of Drunk Driver
• Southern District Taps Law Students For Role in Court Mediation Program
• Personal Notes on Lawyers
• Palmer Named Clerk in the Eastern District
• Non-Prosecution Agreement Ruled Inadmissible in Suit
• Judge Revives ERISA Claims in Bear Stearns Class Action
• State Courts Offer Training in E-Filing
• Fired State Worker Challenges Placement of GPS Device on His Private Family Car
• Matter of Eliyahu
• People v. Pinckney
• L.L. v. B.H.
• E. 75th St. Diagnostic Imaging v. Clarendon Nat'l Ins. Co.
• Faust v. East Wind Caterers LLC
• Matter of Desimone v. Hodapp
• United States v. Gansman
• Baston v. United States
• International Business Machines Corp. v. Dale
• Amaprop Ltd. v. Indiabulls Financial Services Ltd.
• Lang v. First American Title Insurance Co. of New York
• Outside Counsel: Settlement Ends City Medicaid Liens For Special Education Services

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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
Second Circuit Limits 'First Sale' Doctrine to U.S.-Made Goods	Top
In their Copyright Law column, Robert J. Bernstein, who practices in The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that the Copyright Act, in making unauthorized importation under §602(a) actionable as an infringement of the §106(3) distribution right, also arguably makes such importation subject to §109(a)'s "first sale" limitation on that right. This ambiguity, they say, has led to a series of decisions seeking to reconcile the three statutory provisions.
Testifying Experts and Scientific Articles: Reliability Concerns	Top
In his Products Liability column, Michael Hoenig, a member of Herzfeld & Rubin, writes that experts increasingly testify about, interpret and extrapolate from articles, yet the authors are unavailable to be cross-examined about reliability of the data presented or limits on conclusions the testifiers should draw from the work product.
Ex-Wife of Alleged Schemer Gains Access to Assets, but Issues Remain	Top
Stuffed Bear Ejected From Courthouse Lobby as Violating 'Decorum'	Top
Panel Revives Suit Over Limits of Fidiciary Duty in Real Estate Deal	Top
Senate Panel Advances Three Southern District Picks	Top
Panel Upholds Murder Conviction of Drunk Driver	Top
Southern District Taps Law Students For Role in Court Mediation Program	Top
Personal Notes on Lawyers	Top
Palmer Named Clerk in the Eastern District	Top
Non-Prosecution Agreement Ruled Inadmissible in Suit	Top
Judge Revives ERISA Claims in Bear Stearns Class Action	Top
State Courts Offer Training in E-Filing	Top
Fired State Worker Challenges Placement of GPS Device on His Private Family Car	Top
Matter of Eliyahu	Top
Dismissal of Adoption Petition on Technical Claims Denied; Hearing Set on Fraud Claim
People v. Pinckney	Top
Court Rules Officer's Impermissible Demand Requires Suppression of Marijuana
L.L. v. B.H.	Top
Husband's Counterclaims for Recoupment, Partition Subsumed Into Matrimonial Action
E. 75th St. Diagnostic Imaging v. Clarendon Nat'l Ins. Co.	Top
Insurer Directed to Provide Reports Reviewed By Peer Review Doctor in No-Fault Action
Faust v. East Wind Caterers LLC	Top
Owner, Security Did Not Owe Patron Duty To Protect Against Unforeseeable Assault
Matter of Desimone v. Hodapp	Top
Article 78 Petition Seeking to Annul Denial Of Permission to Apply for License Is Denied
United States v. Gansman	Top
Despite Entitlement to Rule 10b.5-2 Defense, Instruction Given Jury Was Legally Sufficient
Baston v. United States	Top
Counsel's Concession of Loss, Restitution Amounts to Strategic Choice; Habeas Denied
International Business Machines Corp. v. Dale	Top
Opportunity Cost, Fraud Claims Rejected In IBM's Suit to Recover Stock Option Gains
Amaprop Ltd. v. Indiabulls Financial Services Ltd.	Top
Court Confirms Award Compelling Honor Of Firm's Shareholder Compact 'Put Right'
Lang v. First American Title Insurance Co. of New York	Top
Judge Dismisses Mortgage Refinance Overcharge Claim, Notes Congress' Intent
Outside Counsel: Settlement Ends City Medicaid Liens For Special Education Services	Top
Howard S. Davis, a volunteer attorney with Legal Services for Disabled Children, writes that, beginning in approximately 1984, and continuing for the next 24 years, the City of New York Department of Social Services and other Medicaid offices around the state collected millions of dollars from thousand of special education students by including the "free" Related Service bills in Medicaid liens served on those special education children who had instituted personal injury lawsuits, regardless of the status of the tortfeasor.

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