Wednesday, October 27, 2010

Second Circuit: Fair Sentencing Act is not Retroactive

Summary Summaryposted by Steve Statsinger at Second Circuit Blog
This is hot off the presses - today, in a summary order, the court held that the Fair Sentencing Act is not retroactive, since it "contains no express statement that it is intended to have retroactive effe...

U.S. Supreme Court Vacates order Blocking Execution Based on Speculation About Method of Execution

Supreme Court Vacates Order Blocking Execution Based on Speculation About Method of Execution
posted by Orin Kerr at The Volokh Conspiracy

(Orin Kerr) Over at Scotusblog, Lyle Denniston provides the context: Landrigan was sentenced to death for a 1989 murder in Phoenix after he had escaped from an Oklahoma prison, where he was serving a sente...

Congressional Research Reports (CRS) Posted on October 27, 2010*

Coast Guard Deepwater Acquisition Programs: Background, Oversight Issues, and Options for Congress


Report No. RL33753

Subjects: Drug Abuse; Immigration; Defense Policy

CRS Reports, 111th Congress (10/22/2010; Posted: 10/27/2010)

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Navy Irregular Warfare and Counterterrorism Operations: Background and Issues for Congress

Report No. RS22373

Subjects: Terrorism; Defense Policy

CRS Reports, 111th Congress (10/22/2010; Posted: 10/27/2010)

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Tariff Modifications: Miscellaneous Tariff Bills

Report No. RL33867

Subjects: Trade

CRS Reports, 111th Congress (10/20/2010; Posted: 10/27/2010)

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Regular Vetoes and Pocket Vetoes: An Overview

Report No. RS22188

Subjects: Congress; Presidents

CRS Reports, 111th Congress (10/18/2010; Posted: 10/27/2010)

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Veterans' Benefits: Pension Benefit Programs

Report No. RS22804

Subjects: Veterans; Pensions

CRS Reports, 111th Congress (10/18/2010; Posted: 10/27/2010)

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Cellulosic Ethanol: Feedstocks, Conversion Technologies, Economics, and Policy Options

Report No. R41460

Subjects: Agriculture; Energy

CRS Reports, 111th Congress (10/22/2010; Posted: 10/27/2010)

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U.S. International Trade: Trends and Forecasts

Report No. RL33577

Subjects: Trade

CRS Reports, 111th Congress (10/15/2010; Posted: 10/27/2010)

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Afghanistan: Post-Taliban Governance, Security, and U.S. Policy

Report No. RL30588

Subjects: Terrorism; Afghanistan

CRS Reports, 111th Congress (10/19/2010; Posted: 10/27/2010)

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Recreation Fees Under the Federal Lands Recreation Enhancement Act

Report No. RL33730

Subjects: Public Lands

CRS Reports, 111th Congress (10/21/2010; Posted: 10/27/2010)

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Proliferation Control Regimes: Background and Status

Report No. RL31559

Subjects: Terrorism; National Defense

CRS Reports, 111th Congress (10/18/2010; Posted: 10/27/2010)
________________________
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.

LAW.COM Newswire Highlights October 27, 2010

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October 27, 2010.

GlaxoSmithKline to Pay $750M to Settle Federal Charges Over Adulterated Drugs


The National Law Journal
GlaxoSmithKline has agreed to pay $750 million to settle federal charges in the fourth-largest health care fraud settlement in the U.S. The deal calls for GSK to plead guilty to introducing four types of adulterated drugs for delivery into interstate commerce from March 2003 to October 2004. The drugs were made by subsidiary SB Pharma Puerto Rico at a since-closed facility. The GSK settlement is the first significant settlement of a criminal case that includes an adulteration charge, according to a U.S. Attorney.


Judge Credits AstraZeneca's 'Prior Invention' Claim in Patent Fight

The Legal Intelligencer
A federal judge has dismissed a patent infringement suit brought by Teva Pharmaceuticals after finding that allegedly infringing product formulations in the cholesterol drug Crestor were "conceived of and reduced to practice" by AstraZeneca Pharmaceuticals prior to Teva's patent. The decision by U.S. District Judge William H. Yohn Jr. in Teva v. AstraZeneca was premised on the century-old axiom in patent law that "a product which would literally infringe if later in time anticipates if earlier."


Government's 'Duty to Defend' Not a Given

The National Law Journal
The vaunted governmental "duty to defend" acts of Congress has been invoked often in recent weeks in connection with the "don't ask, don't tell" law barring gays from the military -- a law that the Obama administration opposes but still is poised to defend. But history shows that this longstanding practice is not always followed, and solicitors general have been throwing provisions of federal laws under the bus for decades. Thirteen times in the past six years, the Justice Department has opted not to defend a statute.

Baker & McKenzie Hit With $103 Million Malpractice Verdict


The American Lawy
A Mississippi jury has found in favor of a former Baker & McKenzie client by returning a $103 million malpractice verdict against the firm and a lawyer in its Dallas office. Plaintiff S. Lavon Evans Jr. claimed that Baker & McKenzie represented him at the same time that it advised his partner in an oil rig drilling business, according to reports. Evans further claims he was unaware that his partner, Charles Reed Cagle, was insolvent and was using his own assets as leverage to obtain millions of dollars in loans.



Gay Mich. Student Drops Protection Request Against Assistant AG

The Associated Press
The gay student government president at the University of Michigan dropped a request Monday for a personal protection order against a state lawyer who heckled his speeches and criticized him on a blog. Chris Armstrong had accused Assistant Attorney General Andrew Shirvell of videotaping a late-night party at his off-campus house, showing up at campus appearances with a sign that said "racist" and "liar" and lambasting him as someone with a "radical homosexual agenda" on his blog.



Disbarment Sought for Attorney Who Claimed to Channel Client's Dead Wife

The National Law Journal
The State Bar of Arizona wants to throw the book at an attorney who told a client she was channeling his dead wife, then allegedly lied about it during an unrelated disciplinary proceeding. Earlier this month, the Disciplinary Commission of the Supreme Court of Arizona upped Charna Johnson's suspension from six months and a day to one year followed by two years of probation. However, the State Bar is still not satisfied and has filed a notice of its intent to ask the Supreme Court to review the case and disbar Johnson.



9th Circuit Delivers Death Blow to Off-Label Marketing Suit Against Amgen

The American Lawyer
The 9th Circuit has affirmed the dismissal of a Racketeer Influenced and Corrupt Organizations Act class action accusing Amgen of falsely marketing its anemia medicines, Epogen and Aranesp, for off-label purposes such as heart failure and cancer. The court concluded that none of the Amgen statements cited by plaintiffs were actually false or misleading when their complaint was made, and also found that the class, led by the Sheet Metal Workers National Health Fund, failed to link the statements to any alleged injury.



Court Declines to Sanction Former Partner Suing Holland & Knight

New York Law Journal
A New York state judge has declined to sanction a former Holland & Knight partner who is suing the firm over his 2002 termination. In a decision filed Monday, the judge declined to adopt a referee's recommendation to fine John K. Weir $2,500 plus attorney fees and costs for failing to file a timely notice that his case was ready for trial. The judge said the finding that Weir missed the deadline to file the notice does not rise "to the level of harassment or other frivolous conduct" within the meaning of the law.



Free Speech Protects Amazon Buyers' Data, Federal Judge Rules

The Associated Press
Lists that identify the books, music and movies individual customers bought from online retailer Amazon.com are protected from North Carolina tax collectors, a federal judge has ruled. Amazon said in an April lawsuit that disclosing the names, addresses and purchases of customers as requested by the North Carolina Revenue Department would harm anyone who may have bought controversial books or movies. At stake are potentially millions of dollars in taxes that North Carolina contends Amazon was responsible for collecting.



Lawyer Arrested for Allegedly Making Threatening, Racist Phone Calls

New York Law Journal
A lawyer for the New York state Department of Civil Service was arrested last week for allegedly making threatening phone calls over the summer. In the first, the caller used racial slurs and threatened to kill a black woman. In the second, the caller threatened to "kidnap the little black boy who plays outside and tie him up." The calls blamed on James A. Hennessey Jr., which authorities said were masked by using a website called www.bluffmycall.com, were traced by police and the FBI.



Lawyer Files Continuance for 'Very Important Baseball Business' -- Attending World Series

Texas Lawyer
A Dallas lawyer filed a continuance motion Monday so he can attend his favorite team's first-ever World Series appearance today. Darrell W. Cook says he has tickets to Game 1 of the World Series between the Texas Rangers and the San Francisco Giants, which falls on the same day as a pretrial hearing in his client's code enforcement case. "I would really rather be there ... at the court," the motion says, "But I can't be there and attending to some very important baseball business in San Francisco. I'm only one dude.

Sidley Austin Looks to Riverbed to Build a Broader Network

Legal Tech Newsletter
Sidley Austin had a legacy network connecting its 17 offices in the U.S., Asia and Europe, resulting in slow data transfers and limiting the firm's ability to centralize IT resources. To create better connectivity between offices, the firm upgraded its network with Riverbed appliances.

Visit Legal Technology

The Careerist: The Power Look -- White Males Only?

The Careerist

Check out some of the latest posts on the lawjobs.com blog, The Careerist. The Power Look -- White Males Only? Plus Law Schools Face More Pressure to Provide Job Data -- Maybe; Ugandan Women Get Rare Chance to Go to Law School And MBAs More Uncouth Than J.D.s?

Visit The Careerist

Managing Partners Have Positive Outlook, Survey Shows

Daily Business Review
After two years of increasing pessimism, the Daily Business Review's annual managing partner survey found that the vast majority of managing partners at firms with South Florida offices feel "somewhat" or "quite" optimistic about the future of both their law firms and the industry.

Visit lawjobs.com News & Views
Some Disabled Lawyers Find Going Solo Works Best

The National Law Journal



George Walls Jr., who is paralyzed from the shoulders down, has worked for another lawyer, and as an in-house lawyer, but found that going solo is the best fit for him -- and he's not alone. Disabled lawyers across the country say hanging out a shingle helps them manage their physical needs and limitations. Those who receive Social Security disability benefits can maximize income without exceeding government-benefit restrictions and even provide low-cost or free legal help to disabled and low-income clients.

Visit Small Firm Business

New York Appellate Criminal Cases Originating from the New York Supreme Court NY County

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October 27, 2010.

1. The People of the State of New York, Respondent, v. Kevin Anderson, Defendant-Appellant.


Slip Copy, N.Y.A.D. 1 Dept. 2010., 3440- 3441

_________________________ An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Ronald Zweibel, J. at plea; John Cataldo, J., at sentence and re-sentence), rendered on or about April 3, 2008,And said appeal having been argued . . .





2. The People of the State of New York, Respondent, v. Segundo Tutiven, Defendant-Appellant.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3443

_________________________ Judgment, Supreme Court, New York County (Bruce Allen, J.), Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738 1967; People v. Saunders, 52 A.D.2d 833 1976 ). We have reviewed this record and agree with appell. . .





3. The People of the State of New York, Respondent, v. Thomas Correa, etc., Defendant-Appellant.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3444

_________________________ Judgment, Supreme Court, New York County (Laura A. Ward, J. at suppression hearing; James A. Yates, J. at plea and sentence), rendered December 4, 2008, convicting defendant of attempted criminal possession of a weapon in the second degree, and sentencing him, as a secon. . .





4. The People of the State of New York, Respondent, v. Danny Sarita, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3445

_________________________ Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered August 25, 2009, convicting defendant, after a jury trial, of gang assault in the second degree, and sentencing him to a term of 4 years, unanimously affirmed. Defendant did not preserve his challeng. . .





5. The People of the State of New York, Respondent, v. Jerry Williams, Defendant-Appellant.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3449

_________________________ Judgment, Supreme Court, New York County (Charles H. Solomon, J. at dismissal motion; Marcy L. Kahn, J. at jury trial and sentence), rendered September 29, 2008, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a. . .





6. The People of the State of New York, Respondent, v. Joseph Grant, Defendant-Appellant.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3450

_________________________ Judgment, Supreme Court, New York County (Maxwell Wiley, J. at hearing; Arlene Goldberg, J. at jury trial and sentence), rendered November 7, 2007, convicting defendant of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of . . .





7. & The People of the State of New York, Respondent, v. Edward Bowman, Defendant-Appellant.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3452 M-4521

_________________________ Judgment, Supreme Court, New York County (John Cataldo, J.), rendered August 3, 2006, convicting defendant, after a jury trial, of assault in the first degree, attempted robbery in the first and second degrees and conspiracy in the fourth degree, and sentencing him, as a . . .





8. The People of the State of New York, Respondent, v. Troy Manners, Defendant-Appellant.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3453

_________________________ Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered March 12, 2009, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 1/2 years, unan. . .





9. The People of the State of New York, Respondent, v. Trevor Simms, Defendant-Appellant.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3455

_________________________ Judgment of resentence, Supreme Court, New York County (Charles H. Solomon, J.), rendered December 19, 2008, resentencing defendant, as a second felony offender, to a term of 7 years, with 5 years' postrelease supervision, unanimously affirmed.The resentencing proceeding . . .





10. The People of the State of New York, Respondent, v. Kijuan Smith, Defendant-Appellant.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3462

_________________________ Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered August 4, 2008, convicting defendant, after a nonjury trial, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of 8 years, unanimously affirmed.The verdict . . .





11. The People of the State of New York, Respondent, v. Alexis Mendez, etc., Defendant-Appellant.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3465

_________________________ Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered on or about October 27, 2009, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738 1967; People v. Saunders, 52 A.D. . .





12. The People of the State of New York, Respondent, v. Ronald Gantt, Defendant-Respondent.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3470

_________________________ Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered May 26, 2009, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree, a. . .





13. The PEOPLE of the State of New York, Respondent, v. Clarence WILLIAMS, also known as Fletcher Anderson Worrell, Defendant- Appellant.

908 N.Y.S.2d 194, N.Y.A.D. 1 Dept. 2010.,

Affirmed. Background: Following vacatur, 54 A.D.2d 768, 387 N.Y.S.2d 694, of his original conviction, defendant was convicted by a jury in the Supreme Court, New York County, Renee A. White, J., at speedy trial motion, and Bonnie B. Wittner, J., at trial and sentence, of first-degree rape and . . .





14. The PEOPLE of the State of New York, Appellant, v. Jason MACK, Defendant-Respondent.

908 N.Y.S.2d 181, N.Y.A.D. 1 Dept. 2010.,

Affirmed. Catterson, J., filed a dissenting opinion in which Andrias, J.P., joined. Background: Defendant moved to dismiss indictment charging sexual abuse in the first degree. The Supreme Court, New York County, Renee A. White, J., granted motion. State appealed. Order, Supreme Cour. . .

Tuesday, October 26, 2010

Congressional Research Service (CRS) Reports Posted on October 26, 2010*

High Risk Pools Under PPACA and the Coverage of Elective Abortion Services


Memorandum No. M-072310

Subjects: Abortion; Health Policy

CRS Reports, 111th Congress (7/23/2010; Posted: 10/26/2010)

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Mandatory Coverage of Certain Preventive Health Services Under Section 1001 of the Patient Protection and Affordable Care Act

Memorandum No. M-092910

Subjects: Health Policy

CRS Reports, 111th Congress (9/29/2010; Posted: 10/26/2010)

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Preliminary assessment of efficiency initiatives announced by Secretary of Defense Gates on August 9, 2010

Memorandum No. M-081210

Subjects: Defense Economics

CRS Reports, 111th Congress (8/12/2010; Posted: 10/26/2010)

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Legal Analysis of Section 1311(e)(1)(B) of the Patient Protection and Affordable Care Act and State-Sponsored Public Health Plans

Memorandum No. M-092410

Subjects: Health Policy

CRS Reports, 111th Congress (9/24/2010; Posted: 10/26/2010)

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Final Rules Pursuant to the Patient Protection and Affordable Care Act During the First Six Months of Implementation

Memorandum No. M-100610

Subjects: Health Policy

CRS Reports, 111th Congress (10/6/2010; Posted: 10/26/2010)

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House Committees: Categories and Rules for Committee Assignments

Report No. 98-151

Subjects: Congress

CRS Reports, 111th Congress (10/19/2010; Posted: 10/26/2010)

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Constitutional Issues Raised by Pending Bills to Expand Liability under the Death on the High Seas Act and the Jones Act

Memorandum No. M-062810

Subjects: Constitution; Law

CRS Reports, 111th Congress (6/28/2010; Posted: 10/26/2010)

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Questions Regarding Employer Responsibility Requirements and Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act

Memorandum No. M-042910

Subjects: Congress; Health Policy; State and Local Government

CRS Reports, 111th Congress (4/29/2010; Posted: 10/26/2010)

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SBA Small Business Investment Company Program

Report No. R41456

Subjects: Business; Finance

CRS Reports, 111th Congress (10/21/2010; Posted: 10/26/2010)

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EPA's Boiler MACT: Controlling Emissions of Hazardous Air Pollutants

Report No. R41459

Subjects: Air Pollution

CRS Reports, 111th Congress (10/21/2010; Posted: 10/26/2010)

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Questions About Health Reform and Noncitizens

Memorandum No. M-052710

Subjects: Health Policy; Immigration

CRS Reports, 111th Congress (5/27/2010; Posted: 10/26/2010
_________________________________
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.

Overcriminalization 2,0

Overcriminalization 2.0 - An Incredible Conference
posted by White Collar Crime Prof Blogger at White Collar Crime Prof Blog

Held at the Georgetown Conference Center, the Journal of Law, Economics and Policy, the Law and Economics Center at George Mason University School of Law, NACDL, and the Foundation of Criminal Justice joined...

Governor Paterson: AEG Report "Clears Me of Any Wrongdoing'

Air Paterson: AEG report ‘clears me of any wrongdoing’
posted by Casey Seiler at Capitol Confidential 

In radio interviews Tuesday morning, Gov. David Paterson addressed the IG’s report on the AEG bidding process. “The report actually clears me of any wrongdoing,” he said in an interview on Buffalo’s WBEN —...

Selections from New York and National Legal News October 26, 2010

Subscription required  for online access unless otherwise noted:

New York Law Journal Highlights October 26, 2010.

http://www.nylj.com/

Democrat Outpaces Republican in Campaign Contributions
New York Law Journal
Panel Orders Review of 9/11 Firefighter's Loss of His Benefits
New York Law Journal

Business Pressures, Conflict Potential Prompt Firm to Take Sides in Drug Company IP Cases
New York Law Journal

Chief Judge Expands Reach of 'Emeritus' Pro Bono Effort
New York Law Journal

News In Brief
New York Law Journal

Justice Roberts Recalled as Gruff but Fair
New York Law Journal

Corrections
New York Law Journal

The BLT: Blog of the Legal Times of Washington D.C.

Monday, October 25, 2010

Hundreds of Native American Languages On Big Site

posted by ResearchBuzz at ResearchBuzz - October 25, 2010.

Thanks to Drake Library for the pointer to Native Languages of the Americas, available at http://www.native-languages.org/. This site contains over two thousand pages of information about several hundred Native American languages. The site’s been around for a long time, so I’m not giving you a cutting edge site, but what a huge wealth of data.

Selctions from National and New York Legal News: October 25, 2010

October 25, 2010

News from Law.com Newswire

News from the New York Law Journal: Subscription required.

From the National Law Journal: Subscription required

From NLJ: Legal Times of Washington: Subscription required

Thursday, October 21, 2010

Poll: What's the biggest threat to the future of the Internet?

Poll: What's the biggest threat to the future of the Internet?

Congressional Research Service (CRS) Reports Posted October 21, 2010*

The Endangered Species Act (ESA) in the 111th Congress: Conflicting Values and Difficult Choices


Report No. R40185

Subjects: Animals; Natural Resources; Public Lands

CRS Reports, 111th Congress (10/8/2010; Posted: 10/21/2010)

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Navy LPD-17 Amphibious Ship Procurement: Background, Issues, and Options for Congress

Report No. RL34476

Subjects: Defense Policy; Weapons Systems

CRS Reports, 111th Congress (10/15/2010; Posted: 10/21/2010)

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The Arecibo Ionospheric Observatory

Report No. R40437

Subjects: Science Policy; Space Activities

CRS Reports, 111th Congress (10/13/2010; Posted: 10/21/2010)

---------------------------------



Coast Guard Polar Icebreaker Modernization: Background, Issues, and Options for Congress

Report No. RL34391

Subjects: Defense Policy

CRS Reports, 111th Congress (10/15/2010; Posted: 10/21/2010)

---------------------------------



Cellulosic Biofuels: Analysis of Policy Issues for Congress

Report No. RL34738

Subjects: Energy

CRS Reports, 111th Congress (10/14/2010; Posted: 10/21/2010)

---------------------------------



Membership of the 111th Congress: A Profile

Report No. R40086

Subjects: Congress

CRS Reports, 111th Congress (10/14/2010; Posted: 10/21/2010)

---------------------------------



Fishery, Aquaculture, and Marine Mammal Issues in the 111th Congress

Report No. R40172

Subjects: Animals; Marine Resources

CRS Reports, 111th Congress (10/15/2010; Posted: 10/21/2010)

---------------------------------



Rwanda: Background and Current Developments

Report No. R40115

Subjects: Rwanda

CRS Reports, 111th Congress (10/8/2010; Posted: 10/21/2010)

---------------------------------



Water Quality Issues in the 111th Congress: Oversight and Implementation

Report No. R40098

Subjects: Water Pollution; Water Resources

CRS Reports, 111th Congress (10/13/2010; Posted: 10/21/2010)

---------------------------------



Renewable Fuel Standard (RFS): Overview and Issues

Report No. R40155

Subjects: Agriculture; Energy

CRS Reports, 111th Congress (10/14/2010; Posted: 10/21/2010
_______________________
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to  http://corporate.cqrollcall.com/wmspage.cfm?parm1=400 where you can request either a subscription or a free trial.

New York Law Journal: Decisions of Interest October 21, 2010.

For online access go to http://www.nylj.com/ and enter your username and password
Thursday, October 21, 2010


Supreme Court, Queens County, Part 10
Torts
Five-Year-Old Big Apple Map Held to Be Valid Notice of Defect in Trip and Fall Case
Weissman v. The City of New York, 12209/09

U.S. District Court for the Eastern District
Civil Rights
New York City Permanently Enjoined From Using Current Examination to Screen Firefighter Applicants
U.S. v. City of New York, 07-cv-2067 (NGG) (RLM)

NEW YORK COUNTY
Business Law
Shareholder Found Not to Have Breached Fiduciary Duty by Requesting Repayment
Leiser v. System D Restaurant Holdings Inc.


NEW YORK COUNTY
Landlord/Tenant Law
Landlord Fails to Show Tenant Did Not Use Unit as Primary Residence
Extell 609 W. 137th St. LLC v. Bonilla-Morel

APPELLATE TERM
Civil Practice
Divided Panel Reverses Order Granting Insurer Vacatur of Default Judgment
A.M. Medical Services PC v. Liberty Mutual Insurance Co.


QUEENS COUNTY
Business Law
Permanent Injunction, Constructive Trust Granted Against Dissident Church Members
Classis of Queens Reformed Church in America v. Members of the Superceded Consistory of the Taiwanese American Reformed Church in Queens

SUFFOLK COUNTY
Real Property
In Foreclosure Action, Court Denies Bank Order of Reference for Inconsistencies
Deutsche Bank Trust Co. v. McCoy

SUFFOLK COUNTY
Civil Practice
Court Rejects Bid for Subpoena as Labor Union Leader Privilege Ruled Inapplicable
Matter of Suffolk County Ethics Commission v. Felice


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Principal's Decision to Demote Assistant May Have Been Motivated by Pregnancy
Herbert v. City of New York

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Constitutional Law
No Defamation Found Where Headline Does Not Mention Plaintiffs' Names
Triano v. Gannett Satellite Information Network Inc.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Damages
Fired Employee May Be Entitled To Damages on Withheld Commissions
Dreyfuss v. eTelecare Global Solutions-US Inc.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Complaint Sufficiently Alleges Individuals' Connection With Sites That Sold Counterfeits
Balenciaga America Inc. v. Dollinger


U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice
Court Realigns Parties to Create Complete Diversity in Declaratory Judgment Action
Gurney's Inn Resort & Spa Ltd. v. Benjamin

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LAW.COM Newswire Highlights October 21, 2010

A subscription to LAW.COM is required to gain online access to this service.To subscribe go to https://store.law.com/Registration/Default.aspx?promoCode=nw
N.Y. Courts to Require Attorneys to Verify Foreclosure Papers

New York Law Journal
Amid mounting national concern over the accuracy of court documents in foreclosure cases, New York state's court system has directed lenders' lawyers to file an affirmation that they have taken reasonable steps to verify the accuracy of papers they file to support residential foreclosures. The court system's affirmation form notes that foreclosure filings in various U.S. courts have been subject to such defects as failure to review documents and establish standings, bogus affidavits and the "robo-signing" of documents.



Bondholders Gear Up to Sue Banks Over $47 Billion in Countrywide Mortgage-Backed Securities

The American Lawyer
A group of eight institutional investors who collectively hold more than 25 percent of the voting rights in more than $47 billion in Countrywide mortgage-backed securities has sent a notice of non-performance to Bank of America and Bank of New York Mellon, claiming that BofA failed to perform its duties as the servicer of the bond deals. And unless BofA takes action on the notice -- by buying back at par securities backed by mortgages that violated contractual underwriting standards -- the group intends to sue.



9th Circuit Grants Stay of 'Don't Ask, Don't Tell' Injunction

The National Law Journal
The 9th Circuit on Wednesday granted the government's emergency motion for a temporary stay of a worldwide injunction barring enforcement of "don't ask, don't tell," the military's ban on openly gay service members. The only reason the appeals court gave for its action was "to provide this court with an opportunity to consider fully the issues presented." The three-judge panel gave the plaintiff in the underlying case until Oct. 25 to oppose the government's broader request for a stay of the injunction pending its appeal.



Former Greenberg Lawyer Pleads Guilty to $500,000 Fraud

The American Lawyer
Former Greenberg Traurig associate Michael Shaw pleaded guilty on Wednesday to stealing nearly $500,000 from the firm between 2002 and last year, when the scheme was discovered and he was fired. According to a guilty plea and plea agreement, Shaw has already paid $524,947 to "a victim of the fraud" -- presumably Greenberg. The agreement states that Shaw is subject to a maximum prison term of 30 years and a maximum penalty of $1,000,000.



Vet May Seek Punitives in Claim for Denial of Job Reinstatement

The Legal Intelligencer
A military reservist who claims he was denied the right to "reclaim" his civilian job after returning from a deployment to Pakistan has won the right to pursue punitive damages under a state tort claim for wrongful discharge. A Pennsylvania federal judge ruled that the plaintiff -- a Marine veteran and a member of the Air Force Reserve -- is entitled to seek tort damages, "including compensatory damages for emotional distress, embarrassment and humiliation, as well as punitive damages."



Suit Says Wilson Sonsini Tried to Hide Conflict

The Recorder
A former client is suing Wilson Sonsini Goodrich & Rosati over an alleged conflict of interest. Existence Genetics claims Wilson Sonsini IP partner Vern Norviel represented the predictive medicine company even though the firm also represented a competitor. The company claims Norviel told its CEO that he had checked for conflicts of interest and found none, but that a year later, a junior associate at Wilson Sonsini "let slip" that the firm also represented a direct competitor, Navigenics Inc.



Judge Approves Disclosure Statement for WaMu Reorganization Plan

The American Lawyer
Washington Mutual's bankruptcy finally looks to be winding down, with Delaware bankruptcy Judge Mary F. Walrath signing off on an order approving a disclosure statement filed in connection with WaMu's proposed reorganization plan. The plan, which would liquidate $7 billion with the bulk coming from a $6 billion settlement between WaMu, its owner JPMorgan Chase, and the FDIC among various creditors, is set to be voted on by WaMu's creditors on Nov. 15 -- two weeks after the independent examiner's report is due.



Bayer Agrees to 'Watershed' Settlement in 7,000-Case Rice Crop Contamination Litigation

The American Lawyer
Last Friday, Bayer Crop Science finished the fourth day of a bellwether trial in the 7,000-case mass tort over its alleged contamination of the U.S. long-grain rice crop with an experimental strain of genetically modified rice. The trial was the first in which the plaintiffs could present their case for punitive damages along with their case in chief, which apparently made a difference: On Monday, Bayer announced a $290,000 settlement -- Bayer's first in the litigation.



DOJ, Plaintiffs Lawyers Announce $680 Million Settlement in American Indian Discrimination Suit

The National Law Journal
Potentially capping more than a decade of litigation in Washington, the government has agreed to pay $680 million to a class of American Indian farmers and ranchers who alleged the Agriculture Department's loan program was discriminatory. President Barack Obama praised the settlement and urged Congress to act on two proposed settlements in separate suits that would resolve claims among black farmers and a class of American Indians who are challenging the management of Indian trust accounts and resources.



8th Circuit Affirms Pre-emption Dismissal of Defibrillator Cases Against Medtronic

The American Lawyer
Last week, Medtronic's $268 million settlement of essentially all pending U.S. claims alleging product liability defects in its Sprint Fidelis defibrillator leads came before the 8th Circuit ruled on the dismissal of many of those cases on pre-emption grounds. On Friday, that ruling came down. It's the first appellate interpretation of the U.S. Supreme Court's ruling in Riegel v. Medtronic -- and it's a home run for fans of federal pre-emption of state law-based product liability claims.



Full 2nd Circuit Upholds N.Y. Law Allowing Longer Terms for Felons

New York Law Journal

New York's persistent felony offender statute does not violate the Sixth Amendment of the U.S. Constitution, the 2nd Circuit has ruled. Sitting en banc, an easy majority of circuit judges said that judicial findings in applying an enhanced sentencing range for defendants under the statute do not violate the right to trial by jury. The decision reversed a three-judge panel's March 31 ruling that the Sixth Amendment "prohibits the type of judicial fact-finding resulting in enhanced sentences" under the statute.



Calif. Judge Certifies Class of Oracle Employees in Wage-and-Hour Suit

The Recorder
A California judge last week certified a class of an estimated 3,000 Oracle employees who allege they were misclassified as exempt and deprived of overtime pay. Judge Steven Brick's order certified three subclasses of technical analysts, project managers and quality assurance analysts or developers for Oracle and PeopleSoft, which Oracle bought in 2005. They say Oracle violated provisions of the California Labor Code by failing to pay overtime wages and give them off-duty meal periods.



Attorney Sentenced to 5 Years for OxyContin Possession

The Associated Press
An Idaho attorney who police say recruited a client to help feed his prescription pill addiction has been sentenced to five years in prison. Shawn C. Nunley, a former county deputy prosecutor, pleaded guilty to possession of a controlled substance and began his prison sentence on Friday at the Idaho State Correctional Institution.



Review: Nuance PDF Converter 7

Special to Law.com
Among vendors offering professional-grade PDF converters, Nuance Communications has been at the top of the list. John K. Waters reviews Nuance's latest release, PDF Converter Professional 7, which comes with a number of enhancements that build on its collaboration with Microsoft.

Visit Legal Technology



If Lockstep Is Dead, How About a 'Miles Earned' Type of System?

Fulton County Daily Report
As Big Law strays away from the use of lockstep, the ladder lawyers thought they were all climbing has been kicked out from under them, notes The Snark. So how about a new ranking system with catchy mineral-based names that weighs factors like number of direct phone calls from clients?

Visit lawjobs.com News & Views



The Careerist: Les Femmes Fatiguees

The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Les Femmes Fatiguees: It turns out French women's lives may not be so fantastique Also We're Not on the Same Page: Men and women on corporate boards And When Mom Disses Your Work

Visit The Careerist

Wednesday, October 20, 2010

News From the Blawgsphere October 20, 2010

Planned Missouri execution stays stayed over Sixth Amendment jury issue
posted by Doug B. at Sentencing Law and Policy -
As detailed in this Kansas City Star article, the "planned execution of a convicted Kansas City killer was called off late Tuesday night after the U.S. Supreme Court refused to lift a stay of execution."

A.M. Roundup: Monserrate indicted, DiNapoli’s warning
posted by Jimmy Vielkind at Capitol Confidential - 
Good morning. Well, maybe not. I’m considering what kind of world we’re leaving for our children. Can Americans still fulfill our inherent promise, or do we squander our opportunities? Do we let people do

Murder Is Excusable, But Being Gay....
posted by Orin Kerr at The Volokh Conspiracy -
(Orin Kerr) From a BBC story about a Saudi Prince, now living in London, who murdered his servant after having a sexual affair with him: If he ever returns to his home country he faces the possibility of e...

Average Homicide Cost Is $17.25M, Study Concludes"
posted by CrimProf BlogEditor at CrimProf Blog -
FindLaw has this story from Iowa State University. On the methodology: An overwhelming majority of this high sum is the result of the amount of money citizens would be willing to pay to prevent future crime....

Avi Steinberg
posted by Leonard Kniffel at American Libraries Magazine - The magazine of the American Library Association - 
Libraries are full of hints to life’s great puzzles. Source: Avi Steinberg, author of *Running the Books: The Adventures of an Accidental Prison Librarian*, “Lives: A Prison-Library Reunion,”

Zimmerman's Research Guide: Subscribe to The ZRG Blog's RSS Feed for Legal Research Alerts
posted by Joe Hodnicki at Law Librarian Blog -
Everyone knows Zimmerman's Research Guide: An Online Encyclopedia for Legal Researchers right? For the past couple of months Andy Zimmerman has been alerting legal researchers to new resouces

The Bluebook (be)comes Standard on WLN.
posted by Law Librarian at Law Librarian Blog
Almost six months ago, one of our Westlaw reps provided me with a quick demonstration on Westlawnext (WLN). I had lukewarm feelings about it at the time, but the more I use it, the more I seem to like it....

To Be Avoided: The Biases Over-Reliance on Expensive Commercial Online Services Can Create When They Dominate Access to Public Information
posted by Joe Hodnicki at Law Librarian Blog -
In Bloomberg Plans a Data Service on the Business of Government (NYT Oct. 10, 2010), Jeremy W. Peters reports that Bloomberg aims to make Bloomberg Government "an indispensable tool for lobbyists..."

New York Law Journal: Highlights October 20, 2010

Subscription required for online access  http://www.nylj.com/

October 20 2010.

To see Decisions of Interest go to: http://www.law.com/jsp/nylj/decisions.jsp#doi

To see lead articles for October 20, 2010 go to http://www.law.com/jsp/nylj/thisWeeksNews.jsp

Monday, October 18, 2010

Congressional Research Service (CRS) Reports Posted October 18, 2010*

The TANF Emergency Contingency Fund


Report No. R41078

Subjects: Welfare

CRS Reports, 111th Congress (10/6/2010; Posted: 10/18/2010)

---------------------------------

Environmental Protection Agency (EPA): Appropriations for FY2011

Report No. R41149

Subjects: Budget; Environmental Protection

CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)

---------------------------------

Location-Based Preferences in Federal and Federally Funded Contracting: An Overview of the Law

Report No. R41115

Subjects: Public Contracts

CRS Reports, 111th Congress (10/1/2010; Posted: 10/18/2010)

---------------------------------
Federal Research and Development Funding: FY2011

Report No. R41098

Subjects: Science Policy; Technology

CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)

---------------------------------
Afghanistan Casualties: Military Forces and Civilians

Report No. R41084

Subjects: Afghanistan

CRS Reports, 111th Congress (9/30/2010; Posted: 10/18/2010)

---------------------------------
Warranted but Precluded: What That Means Under the Endangered Species Act (ESA)

Report No. R41100

Subjects: Animals; Environmental Protection; Natural Resources

CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)

---------------------------------

Small Business Administration 7(a) Loan Guaranty Program

Report No. R41146

Subjects: Business

CRS Reports, 111th Congress (10/1/2010; Posted: 10/18/2010)

---------------------------------
Commerce, Justice, Science, and Related Agencies: FY2011 Appropriations

Report No. R41161

Subjects: Budget; Criminal Justice; Science Policy; Trade

CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)

---------------------------------
The 2007-2009 Recession: Similarities to and Differences from the Past

Report No. R40198

Subjects: Economic Policy; Finance

CRS Reports, 111th Congress (10/6/2010; Posted: 10/18/2010)

---------------------------------
Small Business Administration Microloan Program

Report No. R41057

Subjects: Business; Finance

CRS Reports, 111th Congress (10/5/2010; Posted: 10/18/2010)

---------------------------------
The Inapplicability of Limitations on Subcontracting to 'Preference Contracts' for Small Businesses: Washington-Harris Group

Report No. R40998

Subjects: Business; Public Contracts

CRS Reports, 111th Congress (10/6/2010; Posted: 10/18/2010)

---------------------------------
Contracting Programs for Alaska Native Corporations: Historical Development and Legal Authorities

Report No. R40855

Subjects: Business; Minorities; Public Contracts

CRS Reports, 111th Congress (10/1/2010; Posted: 10/18/2010)

---------------------------------
GAO Bid Protests: An Overview of Timeframes and Procedures

Report No. R40228

Subjects: Public Contracts

CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)

---------------------------------
Social Security Administration: Workload and Related Issues

Report No. R40207

Subjects: Social Security

CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)

---------------------------------
Federal Aviation Administration (FAA) Reauthorization: An Overview of Legislative Action in the 111th Congress

Report No. R40410

Subjects: Budget; Transportation

CRS Reports, 111th Congress (10/5/2010; Posted: 10/18/2010)

---------------------------------
The Temporary Assistance for Needy Families Block Grant: An Introduction

Report No. R40946

Subjects: Welfare

CRS Reports, 111th Congress (10/1/2010; Posted: 10/18/2010)

---------------------------------
The U.S. Postal Service's Financial Condition: Overview and Issues for Congress

Report No. R41024

Subjects: Communications; Executive Branch Depts.

CRS Reports, 111th Congress (10/5/2010; Posted: 10/18/2010)
___________________________
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.

Top Ten Liel from 2010 Campaign Ads

posted by Richard Dunham, Bureau Chief at Capitol Confidential
Truth may be stranger than fiction in this strange election year — witches and demon sheep and all that hocus pocus — but there has been plenty of fiction, too. Candidates and outside attack dogs have spre...

New York Law Journal: October 18, 2010

Subscription required for online access unless otherwixe noted:

Decisions of Interest  and Decisions in the News.

This Week's News - Ending October 18, 2010

Outside Counsel

Friday, October 15, 2010

ABA Journal Weekly Newsletter

For week ending October 15, 2010

TEN TOP STORIES

Legal Ethics

Lawyer Disbarred for $3,500-an-Hour Fee and 'Bizarre Behavior'
Oct 13, 2010, 10:07 am CDT

Plus: Retired Judge to be Tried for Perjury, Admits Letting Witness Lie to Protect Paid Informant
Oct 13, 2010, 02:57 pm CDT

Law Firms
Six Wildman Harrold Partners Unsure When Firm Will Allow Them to Leave
Oct 12, 2010, 08:51 am CDT
Plus: Layoffs of Perhaps 100 Follow Work Slowdown at Fla. Foreclosure Law Firm
Oct 13, 2010, 12:24 pm CDT

Careers
Conservative Commentator Ann Coulter Hated Law Firm 'Suck-Uppery'
Oct 12, 2010, 08:02 am CDT
Plus:

Labor Report Cites Rise in Nontraditional Jobs for Lawyers, Good Paralegal Prospects
Oct 12, 2010, 05:30 am CDT
When Giving Notice, Be Positive and Pick a Friday, Consultants Say
Oct 14, 2010, 05:30 am CDT
At 81, Entertainment Lawyer Bert Fields Still Bills 3,000 Hours a Year
Oct 8, 2010, 05:30 am CDT
Judiciary

Wisconsin Judge Has Dress Code for Lawyers and Beverages
Oct 14, 2010, 09:32 am CDT

Plus: Public Warning Tossed Against 'We Close at 5' Texas Judge
Oct 12, 2010, 07:16 am CDT

The New Normal
Our New Blog: 'The New Normal'
Oct 13, 2010, 05:31 pm CDT

Plus: 'We Don't Do Commodity Work' and Other Definitions
Oct 14, 2010, 09:15 am CDT

Constitutional Law
Repeal the 17th Amendment? Some Candidates Back the Idea
Oct 13, 2010, 05:30 am CDT


U.S. Supreme Court
'CSI Effect' Grips the U.S. Supreme Court
Oct 13, 2010, 09:23 am CDT
International Law
US Lags Well Behind Other Wealthy Nations on Rule of Law, Report Says
Oct 14, 2010, 08:00 am CDT

Government Law
Proposed Leaf-Blower Ban Generates Lots of Noise from Irked Citizens
Oct 13, 2010, 02:09 pm CDT

Tort Law
Who's Liable for a Driverless Car Accident? Google Test Raises the Issue
Oct 12, 2010, 08:35 am CDT

Congressional Research Service (CRS) Reports Posted October 15, 2010

Mountaintop Mining: Background on Current Controversies


Report No. RS21421

Subjects: Natural Resources; Public Lands

CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)

---------------------------------
The Help America Vote Act and Elections Reform: Overview and Issues

Report No. RS20898

Subjects: Elections

CRS Reports, 111th Congress (10/1/2010; Posted: 10/15/2010)

---------------------------------
Same-Sex Adoptions

Report No. RS21191

Subjects: Civil Rights and Liberties; Families; Minorities

CRS Reports, 111th Congress (10/5/2010; Posted: 10/15/2010)

---------------------------------
The Uniformed and Overseas Citizens Absentee Voting Act: Overview and Issues

Report No. RS20764

Subjects: Defense; Elections; Defense Policy

CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)

---------------------------------
Uganda: Current Conditions and the Crisis in North Uganda

Report No. RL33701

Subjects: Uganda

CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)

---------------------------------
Iraq: Politics, Elections, and Benchmarks

Report No. RS21968

Subjects: Iraq

CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)

---------------------------------
Tanzania: Background and Current Conditions

Report No. RS22781

Subjects: Tanzania

CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)

---------------------------------
The Small Business Innovation Research (SBIR) Program: Reauthorization Efforts

Report No. RS22865

Subjects: Business; Science Policy; Technology

CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)

---------------------------------
The Conforming Loan Limit

Report No. RS22172

Subjects: Finance; Housing

CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)

---------------------------------
Small Business Innovation Research (SBIR) Program

Report No. 96-402

Subjects: Business; Technology

CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)

---------------------------------

Japan-U.S. Relations: Issues for Congress

Report No. RL33436

Subjects: Japan

CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)

---------------------------------
The Temporary Assistance for Needy Families (TANF) Block Grant: Responses to Frequently Asked Questions

Report No. RL32760

Subjects: Welfare

CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)

---------------------------------
Armed Career Criminal Act (18 U.S.C. 924(e)): An Overview

Report No. R41449

Subjects: Criminal Justice; Law

CRS Reports, 111th Congress (10/13/2010; Posted: 10/15/2010)

---------------------------------
Burma's 2010 Election Campaign: Issues for Congress

Report No. R41447

Subjects: Burma

CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)

---------------------------------
Kazakhstan: Recent Developments and U.S. Interests

Report No. 97-1058

Subjects: Kazakhstan

CRS Reports, 111th Congress (10/5/2010; Posted: 10/15/2010)

---------------------------------
Drug Courts: Background, Effectiveness, and Policy Issues for Congress

Report No. R41448

Subjects: Criminal Justice; Drug Abuse

CRS Reports, 111th Congress (10/12/2010; Posted: 10/15/2010)

---------------------------------
Federal Land Management Agencies' Mandatory Spending Authorities

Report No. RL30335

Subjects: Budget; Public Lands

CRS Reports, 111th Congress (10/5/2010; Posted: 10/15/2010)

---------------------------------
Poverty in the United States: 2009

Report No. RL33069

Subjects: Economic Policy; Welfare

CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)

New York Law Journal: Decisions of Interest October 15, 2010

U.S. Court Of Appeals, Second Circuit
Attorneys Fees
Law Firm That Claims It Was 'Solely Responsible' for Settlement Denied Additional $17 Million in Fees
In Re Adelphia Communications Corp, 08-4904-cv


Supreme Court, Nassau County
Legal Profession
Malpractice Suit Based on Cause of Action Pointed Out to Counsel by Client's Mother Proceeds
Eric Reisner v. Litman & Litman, P.C., 18527/07

NEW YORK COUNTY

Criminal Practice
Nod, Production of Drugs Ruled Non-Verbal Admission, Product of 'Miranda' Violation
People v. Crespo


NEW YORK COUNTY
Criminal Practice
Stalking Charge Is Dismissed; Fears Of Complainant Are Found Unreasonable
People v. Lewis


BRONX COUNTY
Family Law
Inquest Transcript States Intent to Cover College Tuition Without Age Limitation
Bracy v. Nibbs-Bracy


KINGS COUNTY
Criminal Practice
Defendants Cannot Receive Jail Credit On State Sentence While in Federal Custody
People v. Paccione


QUEENS COUNTY
Criminal Practice
Suppression of Guns Is Denied; Request to Exit Car Ruled de Minimus
People v. Hines and Thomas


QUEENS COUNTY
Juvenile Law
Juvenile's Placement With State Agency Found Least Restrictive Alternative
Matter of Naldo X.


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
Insurer Is Not Obligated Under Plan To Conduct Independent Exam
Rotondi v. Hartford Life


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
Securities Class Action Sufficiently Pleads Scienter for False, Misleading Statements
CLAL Finance Batucha Investment Management Ltd. v. Perrigo Co.


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Fired Worker Who Discussed Retirement With Employer Fails to Raise Inference of Age Bias
Boston v. MacFadden Publishing Inc.


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Ineffective Assistance Claims Is Dismissed; Court Notes Rapport Between Counsel, Client
Roman v. United States


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Federally Protected Constitutional Right Ruled Not Implicated by 'Jury Note' Claim
Johnson v. Graham

New York Law Journal: Lead Articles October 15, 2010

October 15, 2010.

Friday, October 15, 2010
D.A. Seeks to Block Judge's Bid to Review Ethics of Questioning
D.A. Brown Opposes Reappointment of Judge for Alleged Bias, Sources Say
Full Ruling Released That Blocked Terror Trial Witness
Circuit Recognizes Contribution of Firm, but Rebuffs Fee Request

Malpractice Suit Goes Forward Over Late Filing to County
News In Brief
High-Stakes Preemption Challenge Is Hard Fought
Correction

LAW.COM Newswire Highlights October 15, 2010

A subscription to LAW.COM is required to gain online access to this service.To subscribe go to https://store.law.com/Registration/Default.aspx?promoCode=nw

Fla. Judge Says States' Health Law Challenge Can Go Forward

The National Law Journal
A federal judge in Florida has rejected the Obama administration's motion to dismiss a challenge to the new health care reform law brought by 20 state attorneys general and four governors. The judge ruled that two key claims could go forward: the states' claim that the individual mandate to purchase coverage exceeds Congress' commerce clause power and violates the Ninth and 10th Amendments, and the claim that the act unconstitutionally coerces and commandeers the states with respect to the Medicaid program.



Government Asks for Stay of Injunction Against 'Don't Ask'

The National Law Journal
The Justice Department has filed a notice of appeal and a motion to stay the enforcement of a worldwide injunction barring enforcement of "don't ask, don't tell," the law that bans open homosexuals from serving in the military. In court filings on Thursday, the Justice Department, citing "serious legal questions," said the military would be "irreparably harmed" if U.S. District Judge Virginia Phillips failed to stay her injunction while the government pursues an appeal.



Judge Dismisses Class Action Against Countrywide, Rules BofA Not Obligated to Buy Back Mortgages

The American Lawye
For the second time in three weeks, Bank of America has escaped liability in cases involving the Countrywide mortgage business it acquired in 2008. Last month, a federal judge dismissed claims by two trusts that had bought $43 million of residential mortgage-backed securities from Countrywide. And now BofA has won the dismissal of a high-stakes purported class action brought on behalf of more than 370 trusts that bought securitized mortgages from Countrywide.


2nd Circuit Recognizes Firm's Contribution, but Rebuffs $17 Million Fee Request


New York Law Journal
A law firm that claimed it was "solely responsible" for a $245 million class action settlement has lost its bid to receive an additional $17 million in attorney fees. While the 2nd Circuit agreed that non-lead counsel Chimicles & Tikellis had conferred a substantial benefit on the class, it held that the district court had not erred when it approved the lead counsel's allocation of only $155,610 in attorney fees to the firm. The fee dispute arose from a wave of suits brought against Adelphia Communications.



Calif. Appeals Court Says Fee Arbitrator Should Have Disclosed Clientele

The Recorder
A California appeals court has backed a woman fighting her former law firm over unpaid fees, ruling that the lawyer who acted as chief arbitrator should have disclosed that he regularly represents law firms in fee disputes. The court emphasized that it wasn't suggesting that Howard Rice partner Sean SeLegue harbors bias, but concluded that SeLegue's legal practice might have led the former client to "reasonably entertain a doubt" that he would be able to arbitrate the dispute impartially.



General Counsel's Hiring Sparks Ethics Firestorm

Corporate Counsel
The former general counsel of the Indiana Utility Regulatory Commission has sparked an ethics firestorm after he took a job as assistant GC of Duke Energy Corp.'s Indiana affiliate. Scott Storms allegedly sought the job while he was overseeing hearings and other matters related to the giant electrical company. The parent company has suspended Storms, along with the CEO of its Indiana operations, pending an internal investigation of whether Storms did any favors for the company while he was actively seeking the job.



Judge-cum-Comedian's Appeal Tests N.J. Court System's Sense of Humor

New Jersey Law Journal
New Jersey Judge Vincenzo Sicari -- alias comic "Vince August" -- is in an ethics pickle. Like many stand-up comics, his material is a mix of ranting and self-deprecating jokes about his personal life, racial stereotypes and society, but the Advisory Committee on Extrajudicial Activities said he can't decide cases by day and do shtick by night. His term on the bench ends Dec. 31, but Sicari isn't taking the ultimatum lying down. He's asked the state Supreme Court for review, and the justices have agreed to hear the case.



In Rare Move, AARP Joins Pharma False Claims Act Case as Plaintiff's Co-Counsel

The American Lawyer
The Texas branch of AARP is entering a qui tam case against Abbott Laboratories, Cordis and Boston Scientific as co-counsel for the plaintiff, Kevin Colquitt, a former Guidant sales representative who's now a lawyer at Baron & Budd. An AARP lawyer said AARP has appeared as an amicus in False Claims Act cases, but, to her knowledge, the organization hasn't previously joined as co-counsel. Another of Colquitt's attorneys said it's very unusual for a large, powerful nonprofit to take a prominent position in a qui tam case.



Citigroup Accused of Using Recession as Pretext for Firing Women

The Associated Press
Citigroup was accused in a lawsuit Wednesday of using companywide layoffs during the recent financial turmoil to purge scores of female employees while saving the jobs of less-qualified men and of taking government bailout money even as the company continued a pattern of "pervasive discrimination and retaliation." According to the suit, the company has long been plagued by a "boys club" atmosphere that ensures that middle and senior management positions will be held by men.



CVS to Pay $77 Million for Violating Controls on Methamphetamine Precursor Drug

The National Law Journal
CVS Pharmacy, which operates the largest number of retail pharmacies in the U.S., has agreed to pay more than $77 million to settle charges that it illegally sold pseudoephedrine to methamphetamine traffickers, federal prosecutors said Thursday. Pseudoephedrine, found in over-the-counter cough and cold medications, is used in the manufacturing of methamphetamine. CVS will pay $75 million in civil penalties -- the largest civil penalty ever paid under the Controlled Substances Act -- and forfeit $2.6 million in profits.



Fla. Judges Refuse to Lift $250,000 Damages Cap for Med-Mal Case

Daily Business Review
A state appellate decision limiting damages in a medical malpractice case has plaintiffs attorneys contending it will make arbitration a less desirable option for resolving negligence cases. The Florida court concluded a state cap on noneconomic damages in arbitration cases lets victims receive up to $250,000 per claimant, but not per defendant. The panel sided with health care providers, ruling that a dead man's family could not draw more damages than originally awarded by an arbitration panel.



U.S. Building Council GC Kicks Off Green Matters Conference

Law Technology News
Susan Dorn, general counsel of the U.S. Green Building Council and its affiliated Green Building Certification Institute, opened the Green Matters conference in New Orleans with updates on the LEED green building certification program and green schools. The conference addresses government, legal, and architecture issues in going and staying green.

Visit Legal Technology



Report Details Law Firm Earnings for TARP Work

The National Law Journal
The Congressional Oversight Panel on Thursday released a report detailing how much Treasury has paid to 18 law firms that have been awarded contracts since the program began in late 2008. In most cases, the difference between the potential contract value and the amount owed is significant.

Visit lawjobs.com News & Views



Increasing the Presence of Lawyers With Disabilities

The National Law Journal
Doors are opening more and more for disabled attorneys both through advances in technology and changing attitudes toward the rights and abilities of those with handicaps. But much more can be done, and advocates continue to push for better inclusion of disabled attorneys in the legal field.

Visit lawjobs.com News & Views



The Careerist: How to Keep Associates Satisfied

The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. How to Keep Them Satisfied: How Paul Hastings jumped from 66th to sixth place on The American Lawyer's midlevel associates survey Plus Bond Like the Big Boys Also Unsexy Jobs, Part 2

Visit The Careerist



Ex-Legal Aid Attorneys Allege Employer Violated Wiretap Act

Texas Lawyer
Two former attorneys at Legal Aid of NorthWest Texas have sued the organization and two of its executives, alleging the defendants violated the Texas Wiretap Act when a telephone conversation they had at work with a co-worker was intercepted and recorded. Kervyn B. Altaffer Jr. and Sophia Katherine Palat, now practicing together at Altaffer & Palat, each say they resigned from LANWT in September 2009 after they learned of the recording. "I handed in a letter, and I left. This was kind of a big deal," Palat says.

Visit Small Firm Business

Tuesday, October 12, 2010

Congressional Research Service (CRS) Reports Posted October 12, 2010*

Biomass Feedstocks for Biopower: Background and Selected Issues


Report No. R41440

Subjects: Energy

CRS Reports, 111th Congress (10/6/2010; Posted: 10/12/2010)

---------------------------------



U.S. Military Casualty Statistics: Operation Iraqi Freedom, and Operation Enduring Freedom

Report No. RS22452

Subjects: Defense Policy; Afghanistan; Iraq

CRS Reports, 111th Congress (9/28/2010; Posted: 10/12/2010)

---------------------------------



Taiwan: Major U.S. Arms Sales Since 1990

Report No. RL30957

Subjects: Taiwan

CRS Reports, 111th Congress (9/28/2010; Posted: 10/12/2010)

---------------------------------



Hezbollah: Background and Issues for Congress

Report No. R41446

Subjects: Terrorism; Israel; Lebanon; Palestine

CRS Reports, 111th Congress (10/8/2010; Posted: 10/12/2010)

---------------------------------



Selected Church-State Issues in Elementary and Secondary Education

Report No. R41445

Subjects: Education; Religion

CRS Reports, 111th Congress (10/1/2010; Posted: 10/12/2010)

---------------------------------



F-35 Joint Strike Fighter (JSF) Program: Background and Issues for Congress

Report No. RL30563

Subjects: Weapons Systems

CRS Reports, 111th Congress (9/23/2010; Posted: 10/12/2010)

---------------------------------



Navy Irregular Warfare and Counterterrorism Operations: Background and Issues for Congress

Report No. RS22373

Subjects: Terrorism; Defense Policy

CRS Reports, 111th Congress (9/28/2010; Posted: 10/12/2010)

---------------------------------



Currency Manipulation: The IMF and WTO

Report No. RS22658

Subjects: International Finance; Trade

CRS Reports, 111th Congress (9/27/2010; Posted: 10/12/2010)

---------------------------------



State Children's Health Insurance Program (CHIP): A Brief Overview

Report No. R40444

Subjects: Children; Health Policy; Welfare

CRS Reports, 111th Congress (9/21/2010; Posted: 10/12/2010)

---------------------------------



The Freedom of Information Act and Nondisclosure Provisions in Other Federal Laws

Report No. R41406

Subjects: Communications

CRS Reports, 111th Congress (9/24/2010; Posted: 10/12/2010)

---------------------------------



Navy SSBN(X) Ballistic Missile Submarine Program: Background and Issues for Congress

Report No. R41129

Subjects: Defense Policy; Weapons Systems

CRS Reports, 111th Congress (9/24/2010; Posted: 10/12/2010)

---------------------------------



Waste, Fraud, and Abuse in Agency Travel Card Programs

Report No. R40580

Subjects: Executive Branch Depts.; Government Employees; Transportation

CRS Reports, 111th Congress (9/28/2010; Posted: 10/12/2010)

---------------------------------



Medicare Payment Policies

Report No. RL30526

Subjects: Health Policy

CRS Reports, 111th Congress (9/24/2010; Posted: 10/12/2010)

---------------------------------



The Endangered Species Act (ESA) in the 111th Congress: Conflicting Values and Difficult Choices

Report No. R40185

Subjects: Animals; Natural Resources; Public Lands

CRS Reports, 111th Congress (9/28/2010; Posted: 10/12/2010)

---------------------------------



Concurrent Receipt: Background and Issues for Congress

Report No. R40589

Subjects: Veterans; Disabled Persons; Pensions; Defense Economics

CRS Reports, 111th Congress (9/24/2010; Posted: 10/12/2010)

---------------------------------



Legislative Branch: FY2011 Appropriations

Report No. R41214

Subjects: Budget; Congress

CRS Reports, 111th Congress (9/27/2010; Posted: 10/12/2010)
___________________
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New York Legislature: Activity Report

Source: New York Legislative Retrieval System (LRS), Search run Octover 10, 2010


To retrieve the text of any of the New York Chapter laws and Bills pending listed below, go to http://public.leginfo.state.ny.us/menuf.cgi and select either chapter laws or bills from the menu.
 
CHAPTER LAWS REPORTED AS SIGNED OCTOBER 10, 2010.
 
Chapter Bill No.


532 A6420 Weisenberg -- Relates to the commission for the blind and the operation of vending facilities

BLURB : Comm for blind oprtn vndng faclty

Chapter Signed Date Effective Date

532 10/01/2010 10/01/2010

Last Act: 10/01/10 signed chap.532



533 S2813C AUBERTINE -- Establishes the North Country power authority and provides for its powers and duties

BLURB : Pub Aut. North Country power auth

Chapter Signed Date Effective Date

533 10/01/2010 10/01/2010

Last Act: 10/01/10 SIGNED CHAP.533



534 S3603C STAVISKY -- Requires a report by the higher education services corporation

BLURB : Educ rpt TAP

Chapter Signed Date Effective Date

534 10/01/2010 and shall expire and be deemed repealed upon the submission of the report on 2/15/2013

Last Act: 10/01/10 SIGNED CHAP.534



535 S4057B STEWART-COUSINS -- Establishes the child health plus and school meals enrollment coordination act of 2011

BLURB : Pub Heal. child hlth plus sch mls

Chapter Signed Date Effective Date

535 10/01/2010 takes effect 6/1/2011 and shall apply to the 2011-2012 academic year

Last Act: 10/01/10 SIGNED CHAP.535



536 S5000B DUANE -- Relates to eliminating cost-sharing, deductibles and co-payments for certain prescription drugs

BLURB : Pub Heal. prohib tier iv drug pri

Chapter Signed Date Effective Date

536 10/01/2010 takes effect on (10/31/10) the thirtieth day after it shall have become a law

Last Act: 10/01/10 SIGNED CHAP.536



537 S5474 SAVINO -- Relates to pilotage rates at Sandy Hook, Sands Point or Execution Rocks

BLURB : Nav. pltg rts

Chapter Signed Date Effective Date

537 10/01/2010 10/01/2010

Last Act: 10/01/10 SIGNED CHAP.537



538 S5634 SAVINO -- Removes restrictions on designation of officers or employees of subsidiary corporations of the MTA as public officers or public employees

BLURB : Pub Aut. public officers/employee

Chapter Signed Date Effective Date

538 10/01/2010 10/01/2010

Last Act: 10/01/10 SIGNED CHAP.538



539 S7441C PERALTA -- Requires hospitals to prepare and distribute a leaflet on how parents can subscribe to the US consumer product safety commission's e-mail subscription lists

BLURB : Pub Heal. safety recall info

Chapter Signed Date Effective Date

539 10/01/2010 takes effect on (5/1/11) the first of May next succeeding the date on which it shall have become a law; provided that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed by the commissioner of health on or before such effective date

Last Act: 10/01/10 SIGNED CHAP.539



540 S7451 SAVINO -- Allows child care providers to organize themselves and select representatives for the purposes of discussing with the state the conditions of their employment

BLURB : Lab. child care organize

Chapter Signed Date Effective Date

540 10/01/2010 10/01/2010

Last Act: 10/01/10 SIGNED CHAP.540



541 S7483A HUNTLEY -- Enacts the "hospital closure planning act"

BLURB : Pub Heal. hospital closure plan

Chapter Signed Date Effective Date

541 10/01/2010 and shall apply only to general hospitals that close on or after such effective date

Last Act: 10/01/10 SIGNED CHAP.541



542 S7717 SEWARD -- Extends the authorization for the county of Herkimer to impose a county recording tax on obligation secured by a mortgage on real property until 2012

BLURB : Extend. Herkimer rec.tax

Chapter Signed Date Effective Date

542 10/01/2010 10/01/2010

Last Act: 10/01/10 SIGNED CHAP.542



543 S7753 OPPENHEIMER -- Relates to local enforcement of bulk storage of petroleum and the collection of fines and penalties

BLURB : En Con L. lcl enfrc

Chapter Signed Date Effective Date

543 10/01/2010 takes effect on (1/1/11) the first of January next succeeding the date on which it shall have become a law

Last Act: 10/01/10 SIGNED CHAP.543



544 S7773A BRESLIN -- Enacts provisions providing sponsored group personal insurance and allows such insurance to be written by authorized insurers

BLURB : Ins. sponsored group personal isr

Chapter Signed Date Effective Date

544 10/01/2010 10/01/2010

Last Act: 10/01/10 SIGNED CHAP.544



545 S8057 SAVINO -- Establishes a two year statute of limitations in seeking relief from a default in exercising an elective share

BLURB : EPT L. rt of elctn; default time

Chapter Signed Date Effective Date

545 10/01/2010 takes effect on (1/1/11) the first of January next succeeding the date on which it shall have become a law

Last Act: 10/01/10 SIGNED CHAP.545



546 S8083 KRUEGER -- Relates to the determination of adjusted base proportions in special assessing units which are cities for the fiscal year 2011

BLURB : RPT L. adjusted base proportions

Chapter Signed Date Effective Date

546 10/01/2010 10/01/2010

Last Act: 10/01/10 SIGNED CHAP.546



547 S8244 LIBOUS -- Relates to the license to sell liquors at retail for consumption at 4 North Main street in the town of Bainbridge

BLURB : ABC. bev. liquor lic at 4 N. Main

Chapter Signed Date Effective Date

547 10/01/2010 10/01/2010

Last Act: 10/01/10 SIGNED CHAP.547



548 S8361 PERALTA -- Authorizes the city of New York to sell certain property that cannot be independently developed

BLURB : NYC Chart. sale of certain prop

Chapter Signed Date Effective Date

548 10/01/2010 takes effect immediately and shall expire 12/31/2015, when upon such date the provisions of this act shall be deemed repealed

Last Act: 10/01/10 SIGNED CHAP.548



549 S8372 KLEIN -- Provides for temporary surrender of the license of a dentist or pharmacist with a drug or alcohol abuse problem, or such other disposition as determined by the department of education

BLURB : Ed L. profssnl assistnce progrm

Chapter Signed Date Effective Date

549 10/01/2010 10/01/2010

Last Act: 10/01/10 SIGNED CHAP.549

PENAL LAW:

Bill No.


S7448A JOHNSON C -- Relates to exempting qualified religious organizations from fees associated with permits required to display fireworks

Same as A10300-A

Last Act: 10/01/10 VETOED MEMO.6826

New York Appellate Criminal Cases Originating from the New York Supreme Courrt NY County

In order to comply with subscription agreements you will need to use your own Westlaw password to view the full text of cases listed below:

October 11, 2010

New York Appellate Criminal Cases Originating From NY Supreme Court New York CountyCustomize

1. The PEOPLE of the State of New York, Respondent, v. Greg CANTONI, Defendant-Appellant.

2010 WL 3909860, N.Y.A.D. 1 Dept.,2010.,

Judgment, Supreme Court, New York County (Gregory Carro, J. at request for new counsel; Daniel Conviser, J. at jury trial and sentence), rendered August 18, 2009, convicting defendant of criminal possession of stolen property in the fourth degree (two counts), criminal possession of stolen property . . .

2. The PEOPLE of the State of New York, Respondent, v. Rafael RODRIGUEZ, Defendant-Appellant.

2010 WL 3909902, N.Y.A.D. 1 Dept.,2010.,

Judgment, Supreme Court, New York County (William A. Wetzel, J. at suppression motion; Michael R. Ambrecht, J. at trial and sentence), rendered December 14, 2007, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the first degree and conspiracy in the second deg. . .

3. The PEOPLE of the State of New York, Respondent, v. Clarence WILLIAMS, also known as Fletcher Anderson Worrell, Defendant- Appellant.

2010 WL 3909987, N.Y.A.D. 1 Dept.,2010.,

The genesis of this proceeding is a notorious incident involving a brutal rape and robbery in 1973 in Manhattan. The issues presented are whether defendant's statutory and constitutional rights to a speedy trial were violated, and also whether the trial court should have conducted an inquiry of the . . .

October 12, 2010.
1. The PEOPLE of the State of New York, Respondent, v. Edward WRIGHT, Defendant-Appellant.

2010 WL 3909917, N.Y.A.D. 1 Dept.,2010.,

Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered on or about May 15, 2008, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 1967; People v. Saunders, 52 A.D.2d 83. . .

2. The PEOPLE of the State of New York, Respondent, v. Dequan WILLIAMS, Defendant-Appellant.

2010 WL 3909936, N.Y.A.D. 1 Dept.,2010.,

Judgment of resentence, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered October 7, 2008, resentencing defendant to a term of 9 1/2 years, with 5 years' postrelease supervision, unanimously affirmed. The resentencing proceeding imposing a term of postrelease supervision was not . . .

3. The PEOPLE of the State of New York, Respondent, v. Joseph GARNER, Defendant-Appellant.

2010 WL 3853363, N.Y.A.D. 1 Dept.,2010.,

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered on or about March 12, 2009, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 1967; People v. Saunders, 52 A.D.2. . .

4. The PEOPLE of the State of New York, Respondent, v. Joseph BRONAUGH, Defendant-Appellant.

907 N.Y.S.2d 493, N.Y.A.D. 1 Dept.,2010.,

Affirmed. Background: Defendant pleaded guilty, in the Supreme Court, New York County, Herbert I. Altman, J., at plea, and Ronald A. Zweibel, J., at sentence, to third-degree attempted criminal possession of a controlled substance. He appealed. Judgment, Supreme Court, New York County (Her. . .

5. The PEOPLE of the State of New York, Respondent, v. Keith JOHNSON, Defendant-Appellant.

907 N.Y.S.2d 494, N.Y.A.D. 1 Dept.,2010.,

Affirmed. Background: Defendant was convicted, by a jury in the Supreme Court, New York County, Daniel P. FitzGerald, J., of third-degree criminal sale of a controlled substance. He appealed. Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered December 22, 2004, c. . .

6. The PEOPLE of the State of New York, Respondent, v. Scott LIDEN, Defendant-Appellant.

907 N.Y.S.2d 673, N.Y.A.D. 1 Dept. 2010.,

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered on or about April 25, 2007, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 1967; People v. Saunders, 52 A.D.2d . . .

7. The PEOPLE of the State of New York, Respondent, v. Rafael VALENTIN, Defendant-Appellant.

907 N.Y.S.2d 674, N.Y.A.D. 1 Dept. 2010.,

Order, Supreme Court, New York County (Daniel FitzGerald, J.), entered on or about October 31, 2008, which, adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art. 6-C), unanimously affirmed, without costs. The court properly exercised its . . .


8. The PEOPLE of the State of New York, Respondent, v. Abdul BEYAH also known as Donald Williams, Defendant-Appellant.

907 N.Y.S.2d 675, N.Y.A.D. 1 Dept. 2010.,

Order, Supreme Court, New York County (Daniel Conviser, J.), entered on or about April 9, 2009, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art. 6-c), unanimously affirmed, without costs. Since defendant made no application to the . . .

9. The PEOPLE of the State of New York, Respondent, v. Ernesto ABREU, Defendant-Appellant.

907 N.Y.S.2d 668, N.Y.A.D. 1 Dept. 2010.,

Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered June 6, 2008, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the fifth degree and criminally using dru. . .

10. The PEOPLE of the State of New York, Respondent, v. Keith BROWN, Defendant-Appellant.

907 N.Y.S.2d 669, N.Y.A.D. 1 Dept. 2010.,

Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered on or about April 22, 2009, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 1967; People v. Saunders, 52. . .

11. The PEOPLE of the State of New York, Respondent, v. Jamel DUGGINS, Defendant-Appellant.

907 N.Y.S.2d 670, N.Y.A.D. 1 Dept. 2010.,

Order, Supreme Court, New York County (Michael J. Obus, J.), entered April 8, 2009, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art. 6-C), unanimously affirmed, without costs. The court properly exercised its discretion in decl. . .


12. The PEOPLE of the State of New York, Respondent, v. Nathaniel SYVILLE, Defendant-Appellant.

907 N.Y.S.2d 671, N.Y.A.D. 1 Dept. 2010.,

Judgment of resentence, Supreme Court, New York County (William A. Wetzel, J.), rendered January 6, 2009, resentencing defendant to a term of 12 years, with 5 years' postrelease supervision, unanimously affirmed. The resentencing proceeding imposing a term of postrelease supervision was not barred. . .

13. The PEOPLE of the State of New York, Respondent, v. Manuel MACK, Defendant-Appellant.

907 N.Y.S.2d 672, N.Y.A.D. 1 Dept. 2010.,

Judgment, Supreme Court, New York County (Renee A. White, J.), rendered June 30, 2009, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 5 years, unanimously affirmed. The court properly exercised its discretion in denying defendant yout. . .