Thursday, September 30, 2010

New York Law Journal: Decisions of Interest September 30, 2010

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Thursday, September 30, 2010

U.S. Court of Appeals, Second Circuit
Business Law
Judge Exceeded Authority in Ordering Wiretaps Turned Over to SEC in Galleon Case
Securities and Exchange Commission v. Raj Rajaratnam, 10-462-cv
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Supreme Court, Kings County, Part 10
Criminal Practice
Presence of Screwdriver With Defendant's Fingerprints at Crime Scene, Though Circumstantial, Sufficient for Case to Proceed
People v. Goodman, 605/10
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U.S. Court of Appeals, Second Circuit
Civil Practice
Circuit Limits Foreign Reach of RICO in Case Involving Russian Oil Industry
Norex Petroleum v. Acess Industries, 07-4553-cv
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U.S. Court Of Appeals, Second Circuit
Internet Law
Digital Music Download Not a Public Performance Under Copyright Law, But License Fees Must Be Recalculated
US v. American Society of Composers, Authors and Publishers, 09-0539-cv (L)
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U.S. District Court, Southern District
Business Law
Suit Against Sallie Mae and Former CEO Continues, Former CFO Dismissed
In re: SLM Corp. Securities Litigation, 08 Civ. 1029 (WHP)
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NEW YORK COUNTY
Contracts
Absent Express Provision, Cost of Fixing Pipes Ruled Responsibility of Landlord
Mini Mint Inc. v. Citigroup Inc.

NEW YORK COUNTY
Alternative Dispute Resolution
Architectural Firm Estopped from Refusing To Arbitrate Claims From Contract Nonparty
WYS Design Partnership Architects P.C. v. Board of Managers of the 285 Lafayette Street Condominium

NEW YORK COUNTY
Criminal Practice
Fraud Claims Survive Against Woman Who Deposited Plaintiff's Funds Into Her Account
Demry v. Wind

NEW YORK COUNTY
Torts
Fact Issue Exists as to Whether Premises Owner Had Notice of Stored Door Panels
Raccah v. Barbizon Hotel Associates L.P.

NEW YORK COUNTY
Legal Profession
Complaint Not Predicated on Law of the Case Doctrine May Rely on Bankruptcy Decision
Metropolitan Plaza WP LLC v. Goetz Fitzpatrick LLP

KINGS COUNTY
Civil Practice
Differences in Legal Theory, Relief Sought Do Not Create Separate Cause of Action
Peter Williams Enterprises Inc. v. NYS Urban Development Corp.

U.S. COURT OF APPEALS, SECOND CIRCUIT
Transportation
Carmack Amendment Found Inapplicable To Shipment Under Through Waybill
Mitsui Sumitomo Insurance Co. Ltd. v. Evergreen Marine Corp.

U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Transmitting Conviction Supported Even If Firm Not 'Domestic Financial Institution'
United States v. Mazza-Alaluf

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Prejudgment Interest on Quantum Meruit Claim Is Held Mandatory Under State Law
Stillman v. InService America Inc.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Government
Timely Lawsuit Did Not Cure Untimely EEOC Challenge to Agency Decision on Bias Claims
Brundage v. U.S. Department of Veterans Affairs

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Court Rejects ERISA Claim That Pension Fund Wrongly Withheld Benefits From Estate
Rivera v. Sheet Metal Workers' National Pension Fund

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