Tuesday, October 12, 2010

New York Law Journal: Decisions of Interest October 12, 2010

If you are already an online subscriber to this New York Law Journal service you should be able to click on any of the links proveded below, sign in, and access any of the decisions listed which interest you.

http://www.nylj.com/

Subscription required for online access unless otherwise noted:

Tuesday, October 12, 2010



U.S. Court of Appeals, Second Circuit

Constitutional Law

Prohibition of Vanity License Plates With Religious Messages Violates First Amendment

Byrne v. Rutledge, 07-4375-cv
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Appellate Division, Second Department


Criminal Practice

Client Who Disregarded Attorney's Advice Denied New Trial for Ineffective Assistance of Counsel

People v. Colville, 6944/04
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United States District Court, Eastern District

Legal Profession

Former Village Attorney Who Counseled Indemenification of Ex-Mayor Cannot Represent Him in Suit Against Town

Glacken v. The Incorporated Village Of Freeport, 09-4832
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Appellate Division, First Department

Contracts

Condition Precedent Exception Held Inapplicable in Suit Over Real Estate Sales Pact

Torres v. D'Alesso, 115881/07
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Appellate Division, First Department

Criminal Practice

Panel Rejects Bid to Upset Rape Conviction Over Allegedly Prejudicial Media Coverage

People v. Williams, 3573/73
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NEW YORK COUNTY


Administrative Law

Waterfront Commission's Decision to Remove Longshoremen From Register to Work Upheld

Matter of Cambio v. Goldstock



NEW YORK COUNTY

Legal Profession

Recovery for Emotional Distress In Malpractice Actions Is Denied

Taylor v. Paskoff & Tamber LLP, 119108/2008



QUEENS COUNTY

CONSUMER PROTECTION

Transfer of Structured Settlement Payments Denied as Not Fair or in Payee's Best Interest

Matter of Washington Sq. Fin'l LLC v. Allstate Assignment Co.


RICHMOND COUNTY


Alternative Dispute Resolution

Alleged Successor-in-Interest Found Not Bound by Arbitration Clause

Manfredi Chevrolet LLC v. Land

QUEENS COUNTY

Intellectual Property

Use of Plaintiff's Trade Name Found Likely to Cause Confusion

Spytown.com Inc. v. Queens Spy Shop

CLINTON COUNTY

Family Law

Court May Select Different Alternative Than Placing Child With Non-Respondent Father

Matter of Keith "B." v. Stephanie "W."


U.S. DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

Insurance Law

As Policy Appears Part of Fraud Scheme, Assignee Is Denied Judgment on Payment

Settlement Funding LLC v. AXA Equitable Life Ins. Co.


U.S. DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

Civil Practice

Tyco Denied Preclusion of Bermuda Law Expert's Testimony in Compensation Suit

Tyco International Ltd. v. Walsh

U.S. DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

Employment

Immigrant Teacher Loses Bias Challenge To 'Rubber Room' Assignment, Termination

Batyreva v. New York City Dept. of Education

U.S. DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

Employment

Court Rules on Admission of Expert's Testimony on Ergonomic Risks in Repair Shop

Peters v. Metro-North Commuter Railroad Co.





U.S. DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

Bankruptcy

Mortgage Cannot Be Avoided, 362 Relief Unavailable; Property Not in Debtor's Estate

In re: Josephson

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