Will the state actually lay off workers? Few signs any action is being taken according to an article in the Albany Times Union. The remark -- made before a group of business and civic leaders in New York City -- prompted the Civil Service Employees Association to file a grievance ...
Source: Google News Alert Service. September 23, 2010.
Thursday, September 23, 2010
Facebook Fraud a "Major Issue"
September 20, 2010
Facebook fraud a 'major issue' (The Guardian - U.K.)
http://go.justia.com/csjfs
Hacking of Facebook accounts to scam people out of money has become a
"major issue" for the social networking site, its head of European
public policy, Lord Richard Allan, has told the Guardian. As a result
the site is implementing new ways of detecting when its users' accounts
have been hacked, and is adding warnings if it is accessed from unusual
locations or by different methods than usual.
Facebook fraud a 'major issue' (The Guardian - U.K.)
http://go.justia.com/csjfs
Hacking of Facebook accounts to scam people out of money has become a
"major issue" for the social networking site, its head of European
public policy, Lord Richard Allan, has told the Guardian. As a result
the site is implementing new ways of detecting when its users' accounts
have been hacked, and is adding warnings if it is accessed from unusual
locations or by different methods than usual.
DNA Evidence Leads to Exonerations in Mississippi
September 17, 2010
DNA Evidence Leads to Exonerations in Mississippi, 30 Years Later
http://go.justia.com/kkdei
Is it just us, or does it seem that tales of the
wrongfully-accused-getting-released-from-prison are popping up more and
more frequently? The latest involves two men who were serving time in
Mississippi. On Thursday, Phillip Bivens and Bobby Ray Dixon, who’d
been serving life sentences for murder, were exonerated by a federal
judge. After 30 years in prison, they were suddenly free, having been
cleared by DNA evidence that pointed to another man.
Source: Justia Law Blog Story Ideas, September 23, 2010
DNA Evidence Leads to Exonerations in Mississippi, 30 Years Later
http://go.justia.com/kkdei
Is it just us, or does it seem that tales of the
wrongfully-accused-getting-released-from-prison are popping up more and
more frequently? The latest involves two men who were serving time in
Mississippi. On Thursday, Phillip Bivens and Bobby Ray Dixon, who’d
been serving life sentences for murder, were exonerated by a federal
judge. After 30 years in prison, they were suddenly free, having been
cleared by DNA evidence that pointed to another man.
Source: Justia Law Blog Story Ideas, September 23, 2010
SEC Blasted on Goldman
September 22, 2010
SEC Blasted on Goldman (WSJ)
http://go.justia.com/zxwpv
The Securities and Exchange Commission's internal watchdog said the
timing of a fraud lawsuit against Goldman Sachs Group Inc. filed by the
SEC was "suspicious," suggesting agency officials tried to distract
attention from a report criticizing the SEC for failing to detect an
alleged Ponzi scheme.
Source: Justia Law Blogging Ideas, September 23, 2010.
SEC Blasted on Goldman (WSJ)
http://go.justia.com/zxwpv
The Securities and Exchange Commission's internal watchdog said the
timing of a fraud lawsuit against Goldman Sachs Group Inc. filed by the
SEC was "suspicious," suggesting agency officials tried to distract
attention from a report criticizing the SEC for failing to detect an
alleged Ponzi scheme.
Source: Justia Law Blogging Ideas, September 23, 2010.
Crime Blotter Has a Regular : Yankees Caps
September 15, 2010
Crime Blotter Has a Regular: Yankees Caps
http://go.justia.com/znxug
A curious phenomenon has emerged at the intersection of fashion, sports
and crime: dozens of men and women who have robbed, beaten, stabbed and
shot at their fellow New Yorkers have done so while wearing Yankees caps
or clothing.
Source: Justia Blogging Stories Ideas. September 2010.
Crime Blotter Has a Regular: Yankees Caps
http://go.justia.com/znxug
A curious phenomenon has emerged at the intersection of fashion, sports
and crime: dozens of men and women who have robbed, beaten, stabbed and
shot at their fellow New Yorkers have done so while wearing Yankees caps
or clothing.
Source: Justia Blogging Stories Ideas. September 2010.
What is an Infant Compromise?
By exiehenchel
An on-line Glossary of Legal Terms (courts.state #. Ny. Us / lawlibraries / glossary.shtml) has the following definition: Infant's compromise: a civil conduct or motion for obtaining court approval ... In New York State, an infant's case settled without the approval of a judge, even if the parent wants to accept the settlement. This situation is usually when the baby has a claim or lawsuit for personal injuries resulting from an accident. ...
accident lawyer nyc - http://accidentlawyernycblog.blogspot.com/
Source: Google News Alert Service, September 23, 2010.
An on-line Glossary of Legal Terms (courts.state #. Ny. Us / lawlibraries / glossary.shtml) has the following definition: Infant's compromise: a civil conduct or motion for obtaining court approval ... In New York State, an infant's case settled without the approval of a judge, even if the parent wants to accept the settlement. This situation is usually when the baby has a claim or lawsuit for personal injuries resulting from an accident. ...
accident lawyer nyc - http://accidentlawyernycblog.blogspot.com/
Source: Google News Alert Service, September 23, 2010.
New York Law Journal: Decisions of Interest September 23, 2010
Source: http://www.nylj.com
September 23, 2010
Subscription required for online access;
Thursday, September 23, 2010
U.S. Court of Appeals, Second Circuit
Criminal Practice
Circuit Vacates Order for New Trial, Remands for Sentencing
United States v. Pietro Polouizzi, 09-4594-cr
Appellate Division, First Department
Sexual Contact on Subway Does Not Constitute First-Degree Sexual Assault, Panel Finds
People v. Mack, 5730/08
Appellate Division, First Department
Legal Profession
Attorney Suspended for Three Months for Forging Registration Sticker on Automobile
Matter of Mark S. Pomerantz, M1621
U.S. Court of Appeals, Second Circuit
Immigration Law
Circuit Orders Review on Whether China Punishes Citizens Who Aid North Korean Refugees
Jin Jin Long v. Holder, 09-3472-ag
U.S. District Court, Southern District
Legal Profession
Judge Orders Law Firms to Staff Class Action With Women and Minority Counsel
In re Gildan Activewear Inc., 08 Civ. 5048
Appellate Division, Second Department
Legal Profession
Lawyer/Law Judge Suspended for Three Years for Ex Parte Communications With Litigant
Matter of Dorsky, 2009-02056
NEW YORK COUNTY
Real Property
Dismissal of Underlying Complaint Abated Notice of Pendency Mandating Cancellation
2626 Bway LLC v. Broadway Metro Associates LP
NEW YORK COUNTY
International Law
Questions of Fact Deny Defendant's Motion To Dismiss Suit for Diplomatic Immunity
Reinoso v. Bragg
NEW YORK COUNTY
Criminal Practice
Adjournment 'Occasioned by Exceptional Circumstances' Ruled Excludable
People v. Barnes
KINGS COUNTY
Torts
Special Use Exception Is Found Inapplicable to Traffic Signs, Posts
Fermin v. City of New York
NASSAU COUNTY
Landlord/Tenant Law
Court Finds Landlord's Lawyer Lacked Authority to Serve Rent Demand
Service Station Realty Corp. v. RMAK Corp.
SUFFOLK COUNTY
Real Property
Mortgagee Fails to Show Compliance With Pre-Commencement Notice Law
GMAC Mortgage LLC v. Munoz
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Health Law
Relator Fails to State False Claim Act Charges Against Ernst & Young
United States ex rel. Pervez v. Beth Israel Medical Center
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights
Prostitution Arrest 'Reeked of Entrapment'; Detectives, Others Not Entitled to Immunity
Pinter v. City of New York
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Health Law
Objections Overruled to Subpoenas For Records of Mentally Ill Patients
Mental Disability Law Clinic, Touro College v. Hogan
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Contracts
Issues Exist on Shareholder's Breach Claims Over Distributions, Disparate Treatment
Katzenberg v. Commercial Kitchen Designs Inc.
U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Civil Practice
'Scaffold Law' Due Process Breach Claim Precluded by Prior Equal Protection Suit
Businesses for a Better New York v. Smith
September 23, 2010
Subscription required for online access;
Thursday, September 23, 2010
U.S. Court of Appeals, Second Circuit
Criminal Practice
Circuit Vacates Order for New Trial, Remands for Sentencing
United States v. Pietro Polouizzi, 09-4594-cr
Appellate Division, First Department
Sexual Contact on Subway Does Not Constitute First-Degree Sexual Assault, Panel Finds
People v. Mack, 5730/08
Appellate Division, First Department
Legal Profession
Attorney Suspended for Three Months for Forging Registration Sticker on Automobile
Matter of Mark S. Pomerantz, M1621
U.S. Court of Appeals, Second Circuit
Immigration Law
Circuit Orders Review on Whether China Punishes Citizens Who Aid North Korean Refugees
Jin Jin Long v. Holder, 09-3472-ag
U.S. District Court, Southern District
Legal Profession
Judge Orders Law Firms to Staff Class Action With Women and Minority Counsel
In re Gildan Activewear Inc., 08 Civ. 5048
Appellate Division, Second Department
Legal Profession
Lawyer/Law Judge Suspended for Three Years for Ex Parte Communications With Litigant
Matter of Dorsky, 2009-02056
NEW YORK COUNTY
Real Property
Dismissal of Underlying Complaint Abated Notice of Pendency Mandating Cancellation
2626 Bway LLC v. Broadway Metro Associates LP
NEW YORK COUNTY
International Law
Questions of Fact Deny Defendant's Motion To Dismiss Suit for Diplomatic Immunity
Reinoso v. Bragg
NEW YORK COUNTY
Criminal Practice
Adjournment 'Occasioned by Exceptional Circumstances' Ruled Excludable
People v. Barnes
KINGS COUNTY
Torts
Special Use Exception Is Found Inapplicable to Traffic Signs, Posts
Fermin v. City of New York
NASSAU COUNTY
Landlord/Tenant Law
Court Finds Landlord's Lawyer Lacked Authority to Serve Rent Demand
Service Station Realty Corp. v. RMAK Corp.
SUFFOLK COUNTY
Real Property
Mortgagee Fails to Show Compliance With Pre-Commencement Notice Law
GMAC Mortgage LLC v. Munoz
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Health Law
Relator Fails to State False Claim Act Charges Against Ernst & Young
United States ex rel. Pervez v. Beth Israel Medical Center
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights
Prostitution Arrest 'Reeked of Entrapment'; Detectives, Others Not Entitled to Immunity
Pinter v. City of New York
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Health Law
Objections Overruled to Subpoenas For Records of Mentally Ill Patients
Mental Disability Law Clinic, Touro College v. Hogan
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Contracts
Issues Exist on Shareholder's Breach Claims Over Distributions, Disparate Treatment
Katzenberg v. Commercial Kitchen Designs Inc.
U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Civil Practice
'Scaffold Law' Due Process Breach Claim Precluded by Prior Equal Protection Suit
Businesses for a Better New York v. Smith
New York Law Journal: Lead Articles September 23, 2010
Source: http:www.nylj.com
Subscription required for online access:
Thursday, September 23, 2010
Weinstein's Second Bid to Retry Child Pornography Case Rebuffed
Sexual Act Ruled 'Reprehensible' But Not Assault In First Degree
Lawyer Is Suspended Over Forged Car Registration
Chinese Nationals' Aid to North Korean Refugees Raises Asylum Issue
News In Brief
Third-Party Liability Threatens Attorneys, Brief Warns
Correction
Subscription required for online access:
Thursday, September 23, 2010
Weinstein's Second Bid to Retry Child Pornography Case Rebuffed
Sexual Act Ruled 'Reprehensible' But Not Assault In First Degree
Lawyer Is Suspended Over Forged Car Registration
Chinese Nationals' Aid to North Korean Refugees Raises Asylum Issue
News In Brief
Third-Party Liability Threatens Attorneys, Brief Warns
Correction
LAW.COM Newswire Highlights September 23, 2010
Source: LAW.COM September 23, 2010. Subscription required for online access:
3rd Circuit Overturns 8-Figure Settlement in Lending Class Action -- Again
The Legal Intelligencer
For a second time, the 3rd U.S. Circuit Court of Appeals has overturned an eight-figure settlement in a class action predatory lending suit on the grounds that the trial judge failed to follow the rigorous and precise steps involved in certifying a settlement class. The 3rd Circuit ruling tossing a $47.6 million settlement is a stunning second setback for both the plaintiffs and the defendants. It's a coup for objectors who have now succeeded twice in blocking settlements of claims they say are worth more than $3 billion.
Former Hinshaw Partner Implicated in Fraud Scheme
The American Lawyer
The Securities and Exchange Commission has charged Todd Duckson, a former capital markets partner at Hinshaw & Culbertson and current CEO of Minneapolis-based specialty finance company True North Finance, with defrauding several hundred investors in a real estate lending fund. The SEC's complaint accuses Duckson and two executives of the Capital Solutions Monthly Income Fund of concealing from investors that the fund had no significant income because of the financial collapse of its sole business partner.
Judge Orders Plaintiffs Firms to Add Minorities and Women to Case
The American Lawyer
When it comes to diversity in the bar, most of the attention is paid to large law firms. But a New York federal judge is shining the light on plaintiffs firms, ordering two firms serving as co-lead counsel in a securities class action -- Labaton Sucharow and Robbins Geller Rudman & Dowd -- to "make every effort" to assign at least one minority and one woman to the case. The timing of the order is a little strange, since the firms have already submitted an unopposed motion for a preliminary settlement.
Bingham Partner Admits to Altering Document at Heart of McCourt Divorce
The American Lawyer
More than just the future ownership of the Los Angeles Dodgers is at stake in the extraordinarily nasty divorce of Frank and Jamie McCourt: The reputation of a respected partner at an Am Law 100 firm is on the line, too. The couple's former lawyer, Bingham McCutchen partner Lawrence Silverstein, has come under heavy fire over allegations that he "fraudulently altered" the 2004 marital property agreement at the center of the dispute. Meanwhile, Frank McCourt's lawyers call the change a "drafting error."
Covington Wins Partial Summary Judgment in Discrimination Case
The National Law Journal
A federal judge in Washington, D.C., has further reduced the claims Yolanda Young can pursue in her racial discrimination suit against Covington & Burling, where she worked as a staff attorney. Determining that Young lacked standing to pursue the job-assignment portion of her disparate impact claim, the judge granted Covington's motion for partial summary judgment on that count. The decision was the latest victory for Covington in a case that has already amassed what the judge described as a "rich procedural history."
Texas Court Reverses Murder Conviction in Dog Scent Case
The Associated Press
A man convicted of murder after three bloodhounds allegedly matched his scent to the victim should be set free because the evidence against him was not legally sufficient, a Texas appeals court ruled Wednesday. The dogs used in the conviction of Richard Winfrey Sr. belong to former Fort Bend Sheriff's Deputy Keith Pikett, who retired earlier this year after being targeted by the Innocence Project of Texas, a group that claims the ex-lawman passes off junk science as legitimate investigative techniques.
Lawyer Is Suspended Over Forged Car Registration
New York Law Journal
An attorney has been suspended from law practice for three months after driving a car for three years with a registration sticker that he had forged by cutting out numbers from the sticker on his wife's car. Mark S. Pomerantz blamed his wife's illness, "marital turmoil" and financial troubles for his actions. Pomerantz joined Mintz & Gold in Manhattan as a litigation associate in 2008. As of Wednesday, his name, photo and biography had been removed from the firm's website.
Federal Judge Chides SEC in Mark Cuban's Document Dispute
The National Law Journal
A day after the 5th Circuit revived the SEC's insider trading suit against Dallas Mavericks owner Mark Cuban, a federal judge in Washington on Wednesday sharply criticized the agency over its handling of a public records request related to the investigation. Judge Reggie Walton called some of the SEC's responses to Cuban's documents request "inadequate." He set a hearing for Oct. 22 to determine how much time he will give the SEC to respond to Cuban's request, which involves the review of 107 boxes of documents.
Faulting 'Woefully Deficient' Counsel, Court Vacates Assault Verdict
New York Law Journal
A New York judge has tossed out the conviction of a defendant whose trial attorney was "thoroughly unprepared" and had a "woefully deficient" understanding of criminal defense practice and trial techniques. Granting Benedict Araka's motion to vacate his conviction based on ineffective assistance of counsel grounds, the judge blasted Noel Nafiu Akinsola for his "incompetence," including his rambling opening statement and "virtually non-existent" cross-examination of the prosecution's witnesses.
Process Begun to Oust District Attorney for 'Sexting' Abuse Victim
The Associated Press
Wisconsin Gov. Jim Doyle took initial steps Wednesday to remove a prosecutor accused of abusing his power to seek relationships with women, including sending racy text messages to a domestic abuse victim and a law student seeking a pardon. Calumet County District Attorney Ken Kratz has acknowledged sending 30 text messages over three days to the abuse victim while he was prosecuting her ex-boyfriend. In one, he asked if the woman was "the kind of girl that likes secret contact with an older married elected DA."
Joining Trend, 3rd Circuit Upholds Jails' Blanket Strip-Search Policy
The Legal Intelligencer
For decades, it was well settled in federal law that jails cannot use a blanket strip-search policy that includes even those arrested on minor offenses whose behavior would not trigger any reasonable suspicion of the need for such an intrusive search. Those days are over. The pendulum is now swinging in the other direction and the law is very much in flux, as shown by this week's 3rd Circuit decision upholding blanket strip-search policies in two New Jersey counties.
Ethics Panel to Judges: Grooming Discussion OK; Product Endorsements, No
New York Law Journal
A judge may not be permitted to discuss pending cases, but he or she is free to expatiate on his or her hairstyle, a New York state court system ethics panel has concluded. The Advisory Committee on Judicial Ethics cleared the way for judicial cooperation with the author of an article "intended to be an 'inspirational story' about members of the judiciary who had made certain personal grooming decisions." But the panel cautioned that they should not endorse "any particular hair care product or process."
Arnold & Porter Adds 2 Sonnenschein Partners
New York Law Journal
A two-partner corporate group that Sonnenschein Nath & Rosenthal picked up from Thacher Proffitt & Wood less than two years ago has left for Arnold & Porter. Robert Azarow and W. Edward Bright will join Arnold & Portner as partners. Bright said the financial reform legislation passed by Congress in July provided a "compelling reason" to join Washington, D.C.-based Arnold & Porter, which has a strong presence in the regulatory sector.
Year 18 of Ecuador vs. Chevron Pollution Dispute
The American Lawyer
On Friday, Ecuadorean Judge Leonardo Ordonez, who currently presides over the case where indigenous plaintiffs seek to hold Chevron Corp. liable for pollution of the Amazon River Basin, closed the evidentiary phase of the trial, as plaintiffs released a new damages recommendation of $90 billion to $113 billion. Chevron has sought to discredit the damages figure previously embraced by plaintiffs -- up to $27 billion -- by attacking the credibility of the court-appointed expert who recommended the figure.
Visit International News
Settlement Videos Are Powerful Mediation Tools
The Connecticut Law Tribune
Lawyers who forgo the use of videos to settle personal injury cases should brace themselves for the prospect of smaller settlements, says attorney Salvatore J. Zambri. Settlement videos invite the viewer to see, hear and feel the whole story of a case in a compelling and accurate manner.
Visit Legal Technology
What Cognitive Theory Can Teach Corporate Counsel
Texas Lawyer
How can the latest in cognitive theory help corporate counsel get their jobs done? Attorney Michael P. Maslanka discusses the lessons in-house lawyers can learn from various studies and papers on human behavior, which can help them in litigation and even more in their advisory role.
Visit lawjobs.com News & Views
The Careerist: Law School Puppy Mills -- Part 2
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Law School Puppy Mills -- Part 2 Plus A Guide for Lawyers Who Lust Also You've Failed the Bar, and You Want a Job?! Career coach Elizabeth Munnell advises on making the best of a bad situation
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
© 2010 ALM Media Properties, LLC. All rights reserved.
3rd Circuit Overturns 8-Figure Settlement in Lending Class Action -- Again
The Legal Intelligencer
For a second time, the 3rd U.S. Circuit Court of Appeals has overturned an eight-figure settlement in a class action predatory lending suit on the grounds that the trial judge failed to follow the rigorous and precise steps involved in certifying a settlement class. The 3rd Circuit ruling tossing a $47.6 million settlement is a stunning second setback for both the plaintiffs and the defendants. It's a coup for objectors who have now succeeded twice in blocking settlements of claims they say are worth more than $3 billion.
Former Hinshaw Partner Implicated in Fraud Scheme
The American Lawyer
The Securities and Exchange Commission has charged Todd Duckson, a former capital markets partner at Hinshaw & Culbertson and current CEO of Minneapolis-based specialty finance company True North Finance, with defrauding several hundred investors in a real estate lending fund. The SEC's complaint accuses Duckson and two executives of the Capital Solutions Monthly Income Fund of concealing from investors that the fund had no significant income because of the financial collapse of its sole business partner.
Judge Orders Plaintiffs Firms to Add Minorities and Women to Case
The American Lawyer
When it comes to diversity in the bar, most of the attention is paid to large law firms. But a New York federal judge is shining the light on plaintiffs firms, ordering two firms serving as co-lead counsel in a securities class action -- Labaton Sucharow and Robbins Geller Rudman & Dowd -- to "make every effort" to assign at least one minority and one woman to the case. The timing of the order is a little strange, since the firms have already submitted an unopposed motion for a preliminary settlement.
Bingham Partner Admits to Altering Document at Heart of McCourt Divorce
The American Lawyer
More than just the future ownership of the Los Angeles Dodgers is at stake in the extraordinarily nasty divorce of Frank and Jamie McCourt: The reputation of a respected partner at an Am Law 100 firm is on the line, too. The couple's former lawyer, Bingham McCutchen partner Lawrence Silverstein, has come under heavy fire over allegations that he "fraudulently altered" the 2004 marital property agreement at the center of the dispute. Meanwhile, Frank McCourt's lawyers call the change a "drafting error."
Covington Wins Partial Summary Judgment in Discrimination Case
The National Law Journal
A federal judge in Washington, D.C., has further reduced the claims Yolanda Young can pursue in her racial discrimination suit against Covington & Burling, where she worked as a staff attorney. Determining that Young lacked standing to pursue the job-assignment portion of her disparate impact claim, the judge granted Covington's motion for partial summary judgment on that count. The decision was the latest victory for Covington in a case that has already amassed what the judge described as a "rich procedural history."
Texas Court Reverses Murder Conviction in Dog Scent Case
The Associated Press
A man convicted of murder after three bloodhounds allegedly matched his scent to the victim should be set free because the evidence against him was not legally sufficient, a Texas appeals court ruled Wednesday. The dogs used in the conviction of Richard Winfrey Sr. belong to former Fort Bend Sheriff's Deputy Keith Pikett, who retired earlier this year after being targeted by the Innocence Project of Texas, a group that claims the ex-lawman passes off junk science as legitimate investigative techniques.
Lawyer Is Suspended Over Forged Car Registration
New York Law Journal
An attorney has been suspended from law practice for three months after driving a car for three years with a registration sticker that he had forged by cutting out numbers from the sticker on his wife's car. Mark S. Pomerantz blamed his wife's illness, "marital turmoil" and financial troubles for his actions. Pomerantz joined Mintz & Gold in Manhattan as a litigation associate in 2008. As of Wednesday, his name, photo and biography had been removed from the firm's website.
Federal Judge Chides SEC in Mark Cuban's Document Dispute
The National Law Journal
A day after the 5th Circuit revived the SEC's insider trading suit against Dallas Mavericks owner Mark Cuban, a federal judge in Washington on Wednesday sharply criticized the agency over its handling of a public records request related to the investigation. Judge Reggie Walton called some of the SEC's responses to Cuban's documents request "inadequate." He set a hearing for Oct. 22 to determine how much time he will give the SEC to respond to Cuban's request, which involves the review of 107 boxes of documents.
Faulting 'Woefully Deficient' Counsel, Court Vacates Assault Verdict
New York Law Journal
A New York judge has tossed out the conviction of a defendant whose trial attorney was "thoroughly unprepared" and had a "woefully deficient" understanding of criminal defense practice and trial techniques. Granting Benedict Araka's motion to vacate his conviction based on ineffective assistance of counsel grounds, the judge blasted Noel Nafiu Akinsola for his "incompetence," including his rambling opening statement and "virtually non-existent" cross-examination of the prosecution's witnesses.
Process Begun to Oust District Attorney for 'Sexting' Abuse Victim
The Associated Press
Wisconsin Gov. Jim Doyle took initial steps Wednesday to remove a prosecutor accused of abusing his power to seek relationships with women, including sending racy text messages to a domestic abuse victim and a law student seeking a pardon. Calumet County District Attorney Ken Kratz has acknowledged sending 30 text messages over three days to the abuse victim while he was prosecuting her ex-boyfriend. In one, he asked if the woman was "the kind of girl that likes secret contact with an older married elected DA."
Joining Trend, 3rd Circuit Upholds Jails' Blanket Strip-Search Policy
The Legal Intelligencer
For decades, it was well settled in federal law that jails cannot use a blanket strip-search policy that includes even those arrested on minor offenses whose behavior would not trigger any reasonable suspicion of the need for such an intrusive search. Those days are over. The pendulum is now swinging in the other direction and the law is very much in flux, as shown by this week's 3rd Circuit decision upholding blanket strip-search policies in two New Jersey counties.
Ethics Panel to Judges: Grooming Discussion OK; Product Endorsements, No
New York Law Journal
A judge may not be permitted to discuss pending cases, but he or she is free to expatiate on his or her hairstyle, a New York state court system ethics panel has concluded. The Advisory Committee on Judicial Ethics cleared the way for judicial cooperation with the author of an article "intended to be an 'inspirational story' about members of the judiciary who had made certain personal grooming decisions." But the panel cautioned that they should not endorse "any particular hair care product or process."
Arnold & Porter Adds 2 Sonnenschein Partners
New York Law Journal
A two-partner corporate group that Sonnenschein Nath & Rosenthal picked up from Thacher Proffitt & Wood less than two years ago has left for Arnold & Porter. Robert Azarow and W. Edward Bright will join Arnold & Portner as partners. Bright said the financial reform legislation passed by Congress in July provided a "compelling reason" to join Washington, D.C.-based Arnold & Porter, which has a strong presence in the regulatory sector.
Year 18 of Ecuador vs. Chevron Pollution Dispute
The American Lawyer
On Friday, Ecuadorean Judge Leonardo Ordonez, who currently presides over the case where indigenous plaintiffs seek to hold Chevron Corp. liable for pollution of the Amazon River Basin, closed the evidentiary phase of the trial, as plaintiffs released a new damages recommendation of $90 billion to $113 billion. Chevron has sought to discredit the damages figure previously embraced by plaintiffs -- up to $27 billion -- by attacking the credibility of the court-appointed expert who recommended the figure.
Visit International News
Settlement Videos Are Powerful Mediation Tools
The Connecticut Law Tribune
Lawyers who forgo the use of videos to settle personal injury cases should brace themselves for the prospect of smaller settlements, says attorney Salvatore J. Zambri. Settlement videos invite the viewer to see, hear and feel the whole story of a case in a compelling and accurate manner.
Visit Legal Technology
What Cognitive Theory Can Teach Corporate Counsel
Texas Lawyer
How can the latest in cognitive theory help corporate counsel get their jobs done? Attorney Michael P. Maslanka discusses the lessons in-house lawyers can learn from various studies and papers on human behavior, which can help them in litigation and even more in their advisory role.
Visit lawjobs.com News & Views
The Careerist: Law School Puppy Mills -- Part 2
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Law School Puppy Mills -- Part 2 Plus A Guide for Lawyers Who Lust Also You've Failed the Bar, and You Want a Job?! Career coach Elizabeth Munnell advises on making the best of a bad situation
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
© 2010 ALM Media Properties, LLC. All rights reserved.
New York Appellate Criminal Case Originating from the New York Supreme Court NY County
In order to comply with subcription agreements you will need to use your own Westlaw password to view the full text of cases listed below:
The PEOPLE of the State of New York, Appellant, v. Jason MACK, Defendant-Respondent.
2010 WL 3632312, N.Y.A.D. 1 Dept.,2010.,
Order, Supreme Court, New York County (Renee A. White, J.), entered on or about February 17, 2009, which, upon an inspection of grand jury minutes, granted defendant's motion to dismiss an indictment charging sexual abuse in the first degree, affirmed. Defendant was charged with sexual abuse in th. .
© 2010 Thomson Reuters/West
The PEOPLE of the State of New York, Appellant, v. Jason MACK, Defendant-Respondent.
2010 WL 3632312, N.Y.A.D. 1 Dept.,2010.,
Order, Supreme Court, New York County (Renee A. White, J.), entered on or about February 17, 2009, which, upon an inspection of grand jury minutes, granted defendant's motion to dismiss an indictment charging sexual abuse in the first degree, affirmed. Defendant was charged with sexual abuse in th. .
© 2010 Thomson Reuters/West
Tuesday, September 21, 2010
Librarian Seminar: An Introduction to Tax Research and the Library
This Seminar is for both practicing attorneys and librarians:
LLAGNY (Law Library Association of Greater New York) in cooperation with Practising Law Institute (PLI) is creating Research Training Audio Briefings for librarians. These sessions will take the place of the annual PLI program: The Law Library: Skills, Strategies & Solutions. The first briefing will be held on Wednesday, September 29th, from 1:00 pm-2:00 pm (EDT) covering tax research entitled: An Introduction to Tax Research in the Library: The Crossroad Between Information and Practice, and will be free of charge.
This One-Hour Briefing (audio webcast) will cover the kinds of research requests librarians, research specialists, and attorneys might be expected to answer. Whether it’s a question with a specific answer, such as determining the tax treaty dividend withholding rate between the U.S. and another country, or a more substantive question of tax law requiring the identification of a topical treatise, or finding the legislative history of a Code Section, or running an online search of primary materials propagated by the Internal Revenue Service or the Department of the Treasury, expert faculty will guide you through this important hour.
This briefing, will feature instruction from noted law librarians, Russell Switzer and Jennifer Lawton and experienced practitioner, Erin Collins, Esq. The briefings will be chaired by Janice E. Henderson, Gitelle Seer, and Patricia Barbone.
For an overview and to register for the audio briefing go to PLI at: http://www.pli.edu/product/webcast_detail.asp?id=105248.
Janice E. Henderson, Co-Chair
Gitelle Seer, Co-Chair
Patricia Barbone, Co-Chair
LLAGNY (Law Library Association of Greater New York) in cooperation with Practising Law Institute (PLI) is creating Research Training Audio Briefings for librarians. These sessions will take the place of the annual PLI program: The Law Library: Skills, Strategies & Solutions. The first briefing will be held on Wednesday, September 29th, from 1:00 pm-2:00 pm (EDT) covering tax research entitled: An Introduction to Tax Research in the Library: The Crossroad Between Information and Practice, and will be free of charge.
This One-Hour Briefing (audio webcast) will cover the kinds of research requests librarians, research specialists, and attorneys might be expected to answer. Whether it’s a question with a specific answer, such as determining the tax treaty dividend withholding rate between the U.S. and another country, or a more substantive question of tax law requiring the identification of a topical treatise, or finding the legislative history of a Code Section, or running an online search of primary materials propagated by the Internal Revenue Service or the Department of the Treasury, expert faculty will guide you through this important hour.
This briefing, will feature instruction from noted law librarians, Russell Switzer and Jennifer Lawton and experienced practitioner, Erin Collins, Esq. The briefings will be chaired by Janice E. Henderson, Gitelle Seer, and Patricia Barbone.
For an overview and to register for the audio briefing go to PLI at: http://www.pli.edu/product/webcast_detail.asp?id=105248.
Janice E. Henderson, Co-Chair
Gitelle Seer, Co-Chair
Patricia Barbone, Co-Chair
Congressional Research Service (CRS) Reports Posted September 21, 2010
Source: Congressional Quarterly, Inc. http://corporate.cqrollcall.com/wmspage.cfm?parm1=400.
Community Development Block Grant Funds in Disaster Relief and Recovery
Report No. RL33330
Subjects: Emergency Management; State and Local Government
CRS Reports, 111th Congress (9/1/2010; Posted: 9/21/2010)
---------------------------------
Community Services Block Grants (CSBG): Background and Funding
Report No. RL32872
Subjects: Economic Policy; Welfare
CRS Reports, 111th Congress (8/31/2010; Posted: 9/21/2010)
---------------------------------
China Naval Modernization: Implications for U.S. Navy Capabilities -- Background and Issues for Congress
Report No. RL33153
Subjects: Defense Policy; China
CRS Reports, 111th Congress (8/26/2010; Posted: 9/21/2010)
---------------------------------
United States-Canada Trade and Economic Relationship: Prospects and Challenges
Report No. RL33087
Subjects: Canada; Trade
CRS Reports, 111th Congress (9/2/2010; Posted: 9/21/2010)
---------------------------------
Gun Control Legislation
Report No. RL32842
Subjects: Criminal Justice
CRS Reports, 111th Congress (8/27/2010; Posted: 9/21/2010)
---------------------------------
The SPEECH Act: The Federal Response to 'Libel Tourism'
Report No. R41417
Subjects: Law
CRS Reports, 111th Congress (9/16/2010; Posted: 9/21/2010)
---------------------------------
Unemployment Insurance: Available Unemployment Benefits and Legislative Activity
Report No. RL33362
Subjects: Labor; Welfare
CRS Reports, 111th Congress (8/27/2010; Posted: 9/21/2010)
---------------------------------
Missing and Exploited Children: Background, Policies, and Issues
Report No. RL34050
Subjects: Children
CRS Reports, 111th Congress (9/1/2010; Posted: 9/21/2010)
---------------------------------
Federal Programs Available to Unemployed Workers
Report No. RL34251
Subjects: Labor; Welfare
CRS Reports, 111th Congress (8/27/2010; Posted: 9/21/2010)
---------------------------------
Child Welfare: Recent and Proposed Federal Funding
Report No. RL34121
Subjects: Children; Welfare
CRS Reports, 111th Congress (8/30/2010; Posted: 9/21/2010)
---------------------------------
Immigration of Foreign Workers: Labor Market Tests and Protections
Report No. RL33977
Subjects: Immigration; Labor
CRS Reports, 111th Congress (8/27/2010; Posted: 9/21/2010)
---------------------------------
The 3.8% Medicare Contribution Tax on Unearned Income, Including Real Estate Transactions
Report No. R41413
Subjects: Health Policy; Taxation
CRS Reports, 111th Congress (9/15/2010; Posted: 9/21/2010)
---------------------------------
U.S. Travel and Tourism Industry
Report No. R41409
Subjects: Business; Transportation
CRS Reports, 111th Congress (9/15/2010; Posted: 9/21/2010)
---------------------------------
The National Ambient Air Quality Standards (NAAQS) for Particulate Matter (PM): EPA's 2006 Revisions and Associated Issues
Report No. RL34762
Subjects: Air Pollution
CRS Reports, 111th Congress (8/26/2010; Posted: 9/21/2010)
---------------------------------
Criminal Prohibitions on the Publication of Classified Defense Information
Report No. R41404
Subjects: Criminal Justice; Defense Policy
CRS Reports, 111th Congress (9/10/2010; Posted: 9/21/2010)
---------------------------------
Annual Appropriations Acts: Consideration During Lame-Duck Sessions
Report No. RL34597
Subjects: Budget; Congress
CRS Reports, 111th Congress (8/25/2010; Posted: 9/21/2010)
---------------------------------
Pesticide Use and Water Quality: Are the Laws Complementary or in Conflict?
Report No. RL32884
Subjects: Water Pollution
CRS Reports, 111th Congress (8/31/2010; Posted: 9/21/2010)
---------------------------------
American Jihadist Terrorism: Combating a Complex Threat
Report No. R41416
Subjects: Terrorism
CRS Reports, 111th Congress (9/20/2010; Posted: 9/21/2010)
---------------------------------
The Millennium Development Goals: The September 2010 U.N. High-level Meeting
Report No. R41410
Subjects: Foreign Aid
CRS Reports, 111th Congress (9/10/2010; Posted: 9/21/2010)
---------------------------------
Federal Mandatory Minimum Sentencing: The 18 U.S.C. 924(c) Tack-on in Cases Involving Drugs or Violence
Report No. R41412
Subjects: Criminal Justice; Drug Abuse
CRS Reports, 111th Congress (9/14/2010; Posted: 9/21/2010)
---------------------------------
Statutory Damage Awards in Peer-to-Peer File Sharing Cases Involving Copyrighted Sound Recordings: Recent Legal Developments
Report No. R41415
Subjects: Intellectual Property; Law
CRS Reports, 111th Congress (9/16/2010; Posted: 9/21/2010)
---------------------------------
Observations on the Impact of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (P.L. 109-8)
Report No. R41414
Subjects: Consumers; Finance
CRS Reports, 111th Congress (9/14/2010; Posted: 9/21/2010)
---------------------------------
The Future of the Eurozone and U.S. Interests
Report No. R41411
Subjects: Economic Policy; International Finance; Europe
CRS Reports, 111th Congress (9/14/2010; Posted: 9/21/2010)
Community Development Block Grant Funds in Disaster Relief and Recovery
Report No. RL33330
Subjects: Emergency Management; State and Local Government
CRS Reports, 111th Congress (9/1/2010; Posted: 9/21/2010)
---------------------------------
Community Services Block Grants (CSBG): Background and Funding
Report No. RL32872
Subjects: Economic Policy; Welfare
CRS Reports, 111th Congress (8/31/2010; Posted: 9/21/2010)
---------------------------------
China Naval Modernization: Implications for U.S. Navy Capabilities -- Background and Issues for Congress
Report No. RL33153
Subjects: Defense Policy; China
CRS Reports, 111th Congress (8/26/2010; Posted: 9/21/2010)
---------------------------------
United States-Canada Trade and Economic Relationship: Prospects and Challenges
Report No. RL33087
Subjects: Canada; Trade
CRS Reports, 111th Congress (9/2/2010; Posted: 9/21/2010)
---------------------------------
Gun Control Legislation
Report No. RL32842
Subjects: Criminal Justice
CRS Reports, 111th Congress (8/27/2010; Posted: 9/21/2010)
---------------------------------
The SPEECH Act: The Federal Response to 'Libel Tourism'
Report No. R41417
Subjects: Law
CRS Reports, 111th Congress (9/16/2010; Posted: 9/21/2010)
---------------------------------
Unemployment Insurance: Available Unemployment Benefits and Legislative Activity
Report No. RL33362
Subjects: Labor; Welfare
CRS Reports, 111th Congress (8/27/2010; Posted: 9/21/2010)
---------------------------------
Missing and Exploited Children: Background, Policies, and Issues
Report No. RL34050
Subjects: Children
CRS Reports, 111th Congress (9/1/2010; Posted: 9/21/2010)
---------------------------------
Federal Programs Available to Unemployed Workers
Report No. RL34251
Subjects: Labor; Welfare
CRS Reports, 111th Congress (8/27/2010; Posted: 9/21/2010)
---------------------------------
Child Welfare: Recent and Proposed Federal Funding
Report No. RL34121
Subjects: Children; Welfare
CRS Reports, 111th Congress (8/30/2010; Posted: 9/21/2010)
---------------------------------
Immigration of Foreign Workers: Labor Market Tests and Protections
Report No. RL33977
Subjects: Immigration; Labor
CRS Reports, 111th Congress (8/27/2010; Posted: 9/21/2010)
---------------------------------
The 3.8% Medicare Contribution Tax on Unearned Income, Including Real Estate Transactions
Report No. R41413
Subjects: Health Policy; Taxation
CRS Reports, 111th Congress (9/15/2010; Posted: 9/21/2010)
---------------------------------
U.S. Travel and Tourism Industry
Report No. R41409
Subjects: Business; Transportation
CRS Reports, 111th Congress (9/15/2010; Posted: 9/21/2010)
---------------------------------
The National Ambient Air Quality Standards (NAAQS) for Particulate Matter (PM): EPA's 2006 Revisions and Associated Issues
Report No. RL34762
Subjects: Air Pollution
CRS Reports, 111th Congress (8/26/2010; Posted: 9/21/2010)
---------------------------------
Criminal Prohibitions on the Publication of Classified Defense Information
Report No. R41404
Subjects: Criminal Justice; Defense Policy
CRS Reports, 111th Congress (9/10/2010; Posted: 9/21/2010)
---------------------------------
Annual Appropriations Acts: Consideration During Lame-Duck Sessions
Report No. RL34597
Subjects: Budget; Congress
CRS Reports, 111th Congress (8/25/2010; Posted: 9/21/2010)
---------------------------------
Pesticide Use and Water Quality: Are the Laws Complementary or in Conflict?
Report No. RL32884
Subjects: Water Pollution
CRS Reports, 111th Congress (8/31/2010; Posted: 9/21/2010)
---------------------------------
American Jihadist Terrorism: Combating a Complex Threat
Report No. R41416
Subjects: Terrorism
CRS Reports, 111th Congress (9/20/2010; Posted: 9/21/2010)
---------------------------------
The Millennium Development Goals: The September 2010 U.N. High-level Meeting
Report No. R41410
Subjects: Foreign Aid
CRS Reports, 111th Congress (9/10/2010; Posted: 9/21/2010)
---------------------------------
Federal Mandatory Minimum Sentencing: The 18 U.S.C. 924(c) Tack-on in Cases Involving Drugs or Violence
Report No. R41412
Subjects: Criminal Justice; Drug Abuse
CRS Reports, 111th Congress (9/14/2010; Posted: 9/21/2010)
---------------------------------
Statutory Damage Awards in Peer-to-Peer File Sharing Cases Involving Copyrighted Sound Recordings: Recent Legal Developments
Report No. R41415
Subjects: Intellectual Property; Law
CRS Reports, 111th Congress (9/16/2010; Posted: 9/21/2010)
---------------------------------
Observations on the Impact of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (P.L. 109-8)
Report No. R41414
Subjects: Consumers; Finance
CRS Reports, 111th Congress (9/14/2010; Posted: 9/21/2010)
---------------------------------
The Future of the Eurozone and U.S. Interests
Report No. R41411
Subjects: Economic Policy; International Finance; Europe
CRS Reports, 111th Congress (9/14/2010; Posted: 9/21/2010)
Bail Bondsmen Charged With Lying Under Oath to Defraud Clients
Source: Google News Alert Service, September 20, 2010.
Brooklyn,New York.
Court Street Bail Bondsmen Finally Make Bail
Brooklyn Daily Eagle
They are both awaiting a pretrial date in Brooklyn Criminal Court set for ... Department and New York State Unified Court System computer databases. ...
Bail Bondsmen Charged With Lying Under Oath To Defraud Clients ...
By steve
... created two fictitious cases, with two fictitious defendants, each charged with Robbery in the First Degree, and had their names entered into the Corrections Department and New York State Unified Court System computer databases. ...
Financial Fraud Law - http://www.financialfraudlaw.com/
Brooklyn,New York.
Court Street Bail Bondsmen Finally Make Bail
Brooklyn Daily Eagle
They are both awaiting a pretrial date in Brooklyn Criminal Court set for ... Department and New York State Unified Court System computer databases. ...
Bail Bondsmen Charged With Lying Under Oath To Defraud Clients ...
By steve
... created two fictitious cases, with two fictitious defendants, each charged with Robbery in the First Degree, and had their names entered into the Corrections Department and New York State Unified Court System computer databases. ...
Financial Fraud Law - http://www.financialfraudlaw.com/
New York Law Journal: Decisions of Interest September 21, 2010
Source: http://www.nylj.com
Subscription or Registration Required for Online Access:
Appellate Division, Second Department
Real Property
Property Owners' Inverse Condemnation Claim Over Telephone Equipemnt in Yard Revived
Corsello v. Verizon New York, Inc., 39610/07
Criminal Court, Queens County: Part AP-3/QMTC
Criminal Practice
Lawyer Should Have Warned Client of Possible Deportation Even If Drug Tratment Completed
People v. Constantine Cristache, 2009QN013384
NEW YORK COUNTY
Schools and Education
Tenured Teacher's Petition to Prohibit Prosecution, Stay Arbitration Denied
Matter of Schulman v. NYC Dept. of Bd. of Ed.
NEW YORK COUNTY
Employment
Teacher's Breach of Employment Contract Claim Barred by His Election of Remedies
Balk v. NY Institute of Technology
NEW YORK COUNTY
Insurance Law
Decedent's Child's Uncontested Allegations Entitle Her to One-Third of Insurance Policy
Venetian v. Prudential Ins. Co. of America
NEW YORK COUNTY
Alternative Dispute Resolution
Business Decision to Terminate Management Agreement Found Properly Before Arbitrator
Benishai v. Benishai
NEW YORK COUNTY
Criminal Practice
Denial of Parole Vacated, Remanded for New Hearing for False, 'Concocted' Scenario
Matter of Galan-Martinez v. NYS Division of Parole
NEW YORK COUNTY
Labor Law
Injury From Application Of Force of Gravity Grants Worker Judgment on 240(1) Claim
Adams v. Glenman Construction Corp.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Despite Its Deficiencies Amended Complaint Justifies Discovery and Survives Dismissal Bid
MJX Plus LLC v. Citigroup Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Landlord/Tenant Law
HUD Dismissed From Section 8 Tenant's Suit; Management, Lack of Private Right Noted
Montgomery v. City of New York
U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Civil Practice
Government Allowed Discovery in CWA Case; No Prior Formal Discovery Under FRCP 26
United States v. Acquest Transit LLC
U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Civil Practice
Complaints Dismissed as Not Filed by Person Able to Represent Unincorporated Organization
CA-POW! (Citizens Alert: Protect our Waters!) v. The Town of Greece, New York
U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Employment
Black 'Plant Manager' Loses Unlawful Discharge Claim But States Title VII Salary Bias Claim
Briggs v. Rochester Aluminum Smelting
Subscription or Registration Required for Online Access:
Appellate Division, Second Department
Real Property
Property Owners' Inverse Condemnation Claim Over Telephone Equipemnt in Yard Revived
Corsello v. Verizon New York, Inc., 39610/07
Criminal Court, Queens County: Part AP-3/QMTC
Criminal Practice
Lawyer Should Have Warned Client of Possible Deportation Even If Drug Tratment Completed
People v. Constantine Cristache, 2009QN013384
NEW YORK COUNTY
Schools and Education
Tenured Teacher's Petition to Prohibit Prosecution, Stay Arbitration Denied
Matter of Schulman v. NYC Dept. of Bd. of Ed.
NEW YORK COUNTY
Employment
Teacher's Breach of Employment Contract Claim Barred by His Election of Remedies
Balk v. NY Institute of Technology
NEW YORK COUNTY
Insurance Law
Decedent's Child's Uncontested Allegations Entitle Her to One-Third of Insurance Policy
Venetian v. Prudential Ins. Co. of America
NEW YORK COUNTY
Alternative Dispute Resolution
Business Decision to Terminate Management Agreement Found Properly Before Arbitrator
Benishai v. Benishai
NEW YORK COUNTY
Criminal Practice
Denial of Parole Vacated, Remanded for New Hearing for False, 'Concocted' Scenario
Matter of Galan-Martinez v. NYS Division of Parole
NEW YORK COUNTY
Labor Law
Injury From Application Of Force of Gravity Grants Worker Judgment on 240(1) Claim
Adams v. Glenman Construction Corp.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Despite Its Deficiencies Amended Complaint Justifies Discovery and Survives Dismissal Bid
MJX Plus LLC v. Citigroup Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Landlord/Tenant Law
HUD Dismissed From Section 8 Tenant's Suit; Management, Lack of Private Right Noted
Montgomery v. City of New York
U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Civil Practice
Government Allowed Discovery in CWA Case; No Prior Formal Discovery Under FRCP 26
United States v. Acquest Transit LLC
U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Civil Practice
Complaints Dismissed as Not Filed by Person Able to Represent Unincorporated Organization
CA-POW! (Citizens Alert: Protect our Waters!) v. The Town of Greece, New York
U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Employment
Black 'Plant Manager' Loses Unlawful Discharge Claim But States Title VII Salary Bias Claim
Briggs v. Rochester Aluminum Smelting
New York Law Journal: Lead Articles September 21, 2010
Source: http://www.nylj.com
Subscription required for online access unless otherwise noted:
Tuesday, September 21, 2010
Circuit Reverses Habeas Grant, Finds Witness Identification Valid
Paterson Vetoes Bill Meant to Fill Gap in MHLS Jurisdiction
Former Leader Of Cadwalader Quietly Retires Free.
Panel Says Verizon Must Pay For 'Taking' Property for Gear
News In Brief
Judge Finds Broader Deportation Warning Appropriate
Subscription required for online access unless otherwise noted:
Tuesday, September 21, 2010
Circuit Reverses Habeas Grant, Finds Witness Identification Valid
Paterson Vetoes Bill Meant to Fill Gap in MHLS Jurisdiction
Former Leader Of Cadwalader Quietly Retires Free.
Panel Says Verizon Must Pay For 'Taking' Property for Gear
News In Brief
Judge Finds Broader Deportation Warning Appropriate
LAW.COM Newswire Highlights September 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
Subscription required for online access:
Hewlett-Packard Settles With Former CEO Hurd
The Recorder
Hewlett-Packard Co. and former CEO Mark Hurd have settled their legal dispute over his decision to become co-president of rival Oracle Corp. HP announced Monday that it has dropped a lawsuit against Hurd under a settlement agreement that requires him to give up 346,030 shares of HP stock, or nearly $14 million, effectively waiving about half of his severance package. HP ousted Hurd on Aug. 6, citing expense account lapses discovered after a marketing contractor accused him of sexual harassment.
Judge May Allow Additional Claims Against Toyota
The National Law Journal
A federal judge has opened the door for additional economic damages claims to be asserted against Toyota in the multidistrict litigation over its sudden unintended acceleration recalls. The order Monday came after the plaintiffs' steering committee filed two complaints last month: an economic loss master consolidated complaint and a first amended consolidated complaint. Toyota's lawyers called the maneuver "tactical gamesmanship" that omits claims in most of the nearly 200 economic damages suits that are part of the MDL.
9th Circuit Strikes Down Law on Providing Explicit Materials to Minors
The Recorder
It shouldn't be illegal to sell a Judy Blume novel to a little girl, the 9th Circuit said Monday. A three-judge panel found a pair of Oregon statutes that ban certain people from providing minors with sexually explicit information unconstitutionally broad, reversing a district court judgment. The ruling sides with booksellers and others, including a grandmother, who sued to halt enforcement of the laws, which are aimed at preventing child abuse.
$350 Million UnitedHealth Class Action Settlement Approved
New York Law Journal
A New York federal judge on Monday gave final approval to a $350 million class action settlement with UnitedHealth Group, awarding $89 million in attorney fees and expenses along the way. The judge endorsed a motion by plaintiffs lawyers at Pomerantz Haudek to grant final approval of the settlement, which resolved claims that the health insurer colluded with others to underpay doctors outside of its network.
Eversheds Targets In-House Lawyers With New Consultancy Business Venture
Corporate Counsel
It's still a tough economic climate out there, and it's challenging law firms to do things they never would have considered before. Alternative billing? RFPs? A season of beauty contests? They're all on the table. Now, add legal department consulting to the list. At least that's what the U.K.-based firm Eversheds is doing in an effort to drum up and retain clients.
Defense Attorney Blames Client's Caffeine Intake for Murder Confession
The Associated Press
The lawyer for a Kentucky man accused of strangling his wife argued at trial Monday that excessive caffeine from sodas, energy drinks and diet pills left the defendant so sleep-deprived and mentally unstable that he falsely confessed to the killing. The argument was a twist on a previously stated defense outlined in earlier court documents -- that a high intake of caffeine rendered Woody Will Smith temporarily insane and unable to form the intent to kill his wife.
Judge Clears SEC's Fraud Case for Trial Against Former Countrywide Execs
The American Lawyer
Rejecting the defendants' "truth in the market" defense, a Los Angeles federal judge has denied motions for summary judgment by ex-Countrywide CEO Angelo Mozilo and two other defendants, clearing the way for their trial over Securities and Exchange Commission fraud allegations on Oct. 19. The SEC's complaint alleges that Mozilo and senior Countrywide executives David Sambol and Eric Sieracki committed securities fraud by misrepresenting the risks of the loan company's underwriting practices.
States Join Media Groups in Briefs Opposing California's Violent Video Game Ban
The National Law Journal
Nine states and Puerto Rico have joined to file a brief with the Supreme Court urging the justices not to uphold a California law that bans the sale or rental of violent video games to minors. In addition to raising the "specter of censorship," the states agreed that California's law, if replicated, would waste scarce law enforcement resources and provide support for a Twinkie-style defense argument that "the video game made me do it" for accused criminals. The case is set for argument at the high court on Nov. 2.
41 More Top Legal Execs Join Attack on FASB Proposal
Corporate Counsel
Forty-one more corporate legal officers on Monday added their names to a letter objecting to proposed rules requiring more disclosure about their companies' financial loss contingencies. Many general counsel say the proposed rules would force companies to reveal critical information about their potential liabilities, legal strategies and insurance coverage. The Association of Corporate Counsel filed the initial letter, with 110 signatures, last month with the Financial Accounting Standards Board.
Family Awarded $23 Million Over Illnesses Linked to Apartment Pesticides
The Associated Press
An Indiana jury has awarded $23.5 million to a family whose lawsuit alleged that pesticides sprayed in their apartment afflicted two children with severe neurological problems. The jury's verdict came 14 years after Todd and Cynthia Ebling sued Prestwick Square Apartments and its management company over their children's illnesses. The jury awarded $500,000 each to the parents, $16 million to their daughter and $6.5 million to their son.
Prop 8 Proponents Attack Walker's Ruling in 9th Circuit Brief
The Recorder
Proposition 8 supporters kicked off their appellate fight to preserve California's gay-marriage ban Friday night with a 31,000-word opening brief. As expected, proponents made their case for standing and leveled wide-ranging arguments for upholding the ban, taking particular aim at Chief Judge Vaughn Walker's finding that Prop 8 failed to meet rational basis review. The brief further argues that the ruling flies in the face of uniform judgment of state and federal appellate courts across the country.
Judge Rules Continued Light Cigarette Purchasers Can Remain in Philip Morris MDL
The American Lawyer
Six plaintiffs who accuse Philip Morris of misleading smokers with "light" branded cigarettes have survived a summary judgment motion, allowing their claims against the tobacco company to remain part of federal multidistrict litigation underway in Maine. Philip Morris had argued that, as a matter of law, the six plaintiffs could not show that alleged misrepresentations about safety caused them to continue smoking light cigarettes because they kept using the products after learning of the health risks involved.
Using Social Network Evidence in Family Court
The National Law Journal
The use of ESI like e-mail, voice mail, text messages and information from social networking sites as evidence in family court has increased dramatically. Because of the proliferation of this type of information, attorneys should be familiar with its availability and admissibility.
Visit Legal Technology
Thomas Clerk Moves On to Winston & Strawn
The National Law Journal
Last term's Supreme Court law clerks have begun to fan out across the legal landscape, and one of the first to announce her plans is Elizabeth Papez, a Justice Clarence Thomas clerk. She is joining Winston & Strawn in D.C. as a partner handling commercial and appellate litigation.
Visit lawjobs.com News & Views
LL.M. Degrees Get More Popular, but Are They Worth It?
The National Law Journal
Master of laws degrees are gaining in popularity among foreign and domestic law students, even as their value remains questionable. The number of LL.M.s conferred by ABA-approved law schools grew by 65 percent between 1999 and 2009, compared to 13 percent growth in J.D.s.
Visit lawjobs.com News & Views
The Careerist: You've Failed the Bar, and You Want a Job?!
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. You've Failed the Bar, and You Want a Job?! Career coach Elizabeth Munnell advises on making the best of a bad situation And More Law Firm Oscars? Yawn ... Plus Women Partners Get Paid Less -- Duh?
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Subscription required for online access:
Hewlett-Packard Settles With Former CEO Hurd
The Recorder
Hewlett-Packard Co. and former CEO Mark Hurd have settled their legal dispute over his decision to become co-president of rival Oracle Corp. HP announced Monday that it has dropped a lawsuit against Hurd under a settlement agreement that requires him to give up 346,030 shares of HP stock, or nearly $14 million, effectively waiving about half of his severance package. HP ousted Hurd on Aug. 6, citing expense account lapses discovered after a marketing contractor accused him of sexual harassment.
Judge May Allow Additional Claims Against Toyota
The National Law Journal
A federal judge has opened the door for additional economic damages claims to be asserted against Toyota in the multidistrict litigation over its sudden unintended acceleration recalls. The order Monday came after the plaintiffs' steering committee filed two complaints last month: an economic loss master consolidated complaint and a first amended consolidated complaint. Toyota's lawyers called the maneuver "tactical gamesmanship" that omits claims in most of the nearly 200 economic damages suits that are part of the MDL.
9th Circuit Strikes Down Law on Providing Explicit Materials to Minors
The Recorder
It shouldn't be illegal to sell a Judy Blume novel to a little girl, the 9th Circuit said Monday. A three-judge panel found a pair of Oregon statutes that ban certain people from providing minors with sexually explicit information unconstitutionally broad, reversing a district court judgment. The ruling sides with booksellers and others, including a grandmother, who sued to halt enforcement of the laws, which are aimed at preventing child abuse.
$350 Million UnitedHealth Class Action Settlement Approved
New York Law Journal
A New York federal judge on Monday gave final approval to a $350 million class action settlement with UnitedHealth Group, awarding $89 million in attorney fees and expenses along the way. The judge endorsed a motion by plaintiffs lawyers at Pomerantz Haudek to grant final approval of the settlement, which resolved claims that the health insurer colluded with others to underpay doctors outside of its network.
Eversheds Targets In-House Lawyers With New Consultancy Business Venture
Corporate Counsel
It's still a tough economic climate out there, and it's challenging law firms to do things they never would have considered before. Alternative billing? RFPs? A season of beauty contests? They're all on the table. Now, add legal department consulting to the list. At least that's what the U.K.-based firm Eversheds is doing in an effort to drum up and retain clients.
Defense Attorney Blames Client's Caffeine Intake for Murder Confession
The Associated Press
The lawyer for a Kentucky man accused of strangling his wife argued at trial Monday that excessive caffeine from sodas, energy drinks and diet pills left the defendant so sleep-deprived and mentally unstable that he falsely confessed to the killing. The argument was a twist on a previously stated defense outlined in earlier court documents -- that a high intake of caffeine rendered Woody Will Smith temporarily insane and unable to form the intent to kill his wife.
Judge Clears SEC's Fraud Case for Trial Against Former Countrywide Execs
The American Lawyer
Rejecting the defendants' "truth in the market" defense, a Los Angeles federal judge has denied motions for summary judgment by ex-Countrywide CEO Angelo Mozilo and two other defendants, clearing the way for their trial over Securities and Exchange Commission fraud allegations on Oct. 19. The SEC's complaint alleges that Mozilo and senior Countrywide executives David Sambol and Eric Sieracki committed securities fraud by misrepresenting the risks of the loan company's underwriting practices.
States Join Media Groups in Briefs Opposing California's Violent Video Game Ban
The National Law Journal
Nine states and Puerto Rico have joined to file a brief with the Supreme Court urging the justices not to uphold a California law that bans the sale or rental of violent video games to minors. In addition to raising the "specter of censorship," the states agreed that California's law, if replicated, would waste scarce law enforcement resources and provide support for a Twinkie-style defense argument that "the video game made me do it" for accused criminals. The case is set for argument at the high court on Nov. 2.
41 More Top Legal Execs Join Attack on FASB Proposal
Corporate Counsel
Forty-one more corporate legal officers on Monday added their names to a letter objecting to proposed rules requiring more disclosure about their companies' financial loss contingencies. Many general counsel say the proposed rules would force companies to reveal critical information about their potential liabilities, legal strategies and insurance coverage. The Association of Corporate Counsel filed the initial letter, with 110 signatures, last month with the Financial Accounting Standards Board.
Family Awarded $23 Million Over Illnesses Linked to Apartment Pesticides
The Associated Press
An Indiana jury has awarded $23.5 million to a family whose lawsuit alleged that pesticides sprayed in their apartment afflicted two children with severe neurological problems. The jury's verdict came 14 years after Todd and Cynthia Ebling sued Prestwick Square Apartments and its management company over their children's illnesses. The jury awarded $500,000 each to the parents, $16 million to their daughter and $6.5 million to their son.
Prop 8 Proponents Attack Walker's Ruling in 9th Circuit Brief
The Recorder
Proposition 8 supporters kicked off their appellate fight to preserve California's gay-marriage ban Friday night with a 31,000-word opening brief. As expected, proponents made their case for standing and leveled wide-ranging arguments for upholding the ban, taking particular aim at Chief Judge Vaughn Walker's finding that Prop 8 failed to meet rational basis review. The brief further argues that the ruling flies in the face of uniform judgment of state and federal appellate courts across the country.
Judge Rules Continued Light Cigarette Purchasers Can Remain in Philip Morris MDL
The American Lawyer
Six plaintiffs who accuse Philip Morris of misleading smokers with "light" branded cigarettes have survived a summary judgment motion, allowing their claims against the tobacco company to remain part of federal multidistrict litigation underway in Maine. Philip Morris had argued that, as a matter of law, the six plaintiffs could not show that alleged misrepresentations about safety caused them to continue smoking light cigarettes because they kept using the products after learning of the health risks involved.
Using Social Network Evidence in Family Court
The National Law Journal
The use of ESI like e-mail, voice mail, text messages and information from social networking sites as evidence in family court has increased dramatically. Because of the proliferation of this type of information, attorneys should be familiar with its availability and admissibility.
Visit Legal Technology
Thomas Clerk Moves On to Winston & Strawn
The National Law Journal
Last term's Supreme Court law clerks have begun to fan out across the legal landscape, and one of the first to announce her plans is Elizabeth Papez, a Justice Clarence Thomas clerk. She is joining Winston & Strawn in D.C. as a partner handling commercial and appellate litigation.
Visit lawjobs.com News & Views
LL.M. Degrees Get More Popular, but Are They Worth It?
The National Law Journal
Master of laws degrees are gaining in popularity among foreign and domestic law students, even as their value remains questionable. The number of LL.M.s conferred by ABA-approved law schools grew by 65 percent between 1999 and 2009, compared to 13 percent growth in J.D.s.
Visit lawjobs.com News & Views
The Careerist: You've Failed the Bar, and You Want a Job?!
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. You've Failed the Bar, and You Want a Job?! Career coach Elizabeth Munnell advises on making the best of a bad situation And More Law Firm Oscars? Yawn ... Plus Women Partners Get Paid Less -- Duh?
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Monday, September 20, 2010
Congressional Research Service (CRS) Reports Posted on September 20, 2010
Source: Congressional Quarterly Inc. September 20, 2010.
Taiwan: Major U.S. Arms Sales Since 1990
Report No. RL30957
Subjects: Taiwan
CRS Reports, 111th Congress (8/31/2010; Posted: 9/20/2010)
---------------------------------
Sex Discrimination and the United States Supreme Court: Developments in the Law
Report No. RL30253
Subjects: Civil Rights and Liberties; Law; Women's Issues
CRS Reports, 111th Congress (9/1/2010; Posted: 9/20/2010)
---------------------------------
Continuing Resolutions: Latest Action and Brief Overview of Recent Practices
Report No. RL30343
Subjects: Budget
CRS Reports, 111th Congress (8/26/2010; Posted: 9/20/2010)
---------------------------------
Conventional Arms Transfers to Developing Nations, 2002-2009
Report No. R41403
Subjects: Trade; Weapons Systems
CRS Reports, 111th Congress (9/10/2010; Posted: 9/20/2010)
---------------------------------
Frequently Asked Questions about IMF Involvement in the Eurozone Debt Crisis
Report No. R41239
Subjects: International Finance; Europe
CRS Reports, 111th Congress (8/27/2010; Posted: 9/20/2010)
---------------------------------
Omnibus Appropriations Acts: Overview of Recent Practices
Report No. RL32473
Subjects: Budget
CRS Reports, 111th Congress (8/25/2010; Posted: 9/20/2010)
---------------------------------
The Emergency Alert System (EAS) and All-Hazard Warnings
Report No. RL32527
Subjects: Terrorism; Emergency Management; Telecommunications
CRS Reports, 111th Congress (8/26/2010; Posted: 9/20/2010)
---------------------------------
Duration of Continuing Resolutions in Recent Years
Report No. RL32614
Subjects: Congress
CRS Reports, 111th Congress (8/25/2010; Posted: 9/20/2010)
---------------------------------
Congressional Oversight of Intelligence: Current Structure and Alternatives
Report No. RL32525
Subjects: Terrorism; Intelligence Activities
CRS Reports, 111th Congress (8/25/2010; Posted: 9/20/2010)
---------------------------------
The 2010 Oil Spill: Criminal Liability Under Wildlife Laws
Report No. R41308
Subjects: Animals; Criminal Justice; Marine Resources; Natural Resources
CRS Reports, 111th Congress (8/31/2010; Posted: 9/20/2010)
---------------------------------
Homeland Security Department: FY2011 Appropriations
Report No. R41189
Subjects: Terrorism; Budget
CRS Reports, 111th Congress (8/27/2010; Posted: 9/20/2010)
---------------------------------
FY2011 Budget Proposals and Projections
Report No. R41147
Subjects: Budget
CRS Reports, 111th Congress (9/1/2010; Posted: 9/20/2010)
---------------------------------
Rules and Practices Governing Consideration of Revenue Legislation in the House and Senate
Report No. R41408
Subjects: Congress
CRS Reports, 111th Congress (9/14/2010; Posted: 9/20/2010)
---------------------------------
Veterans Affairs: Presumptive Service Connection and Disability Compensation
Report No. R41405
Subjects: Veterans
CRS Reports, 111th Congress (9/13/2010; Posted: 9/20/2010)
---------------------------------
Deepwater Horizon Oil Spill: Highlighted Actions and Issues
Report No. R41407
Subjects: Water Pollution; Emergency Management; Marine Resources; Natural Resources
CRS Reports, 111th Congress (9/13/2010; Posted: 9/20/2010)
---------------------------------
The Freedom of Information Act and Nondisclosure Provisions in Other Federal Laws
Report No. R41406
Subjects: Communications
CRS Reports, 111th Congress (9/13/2010; Posted: 9/20/2010)
---------------------------------
Afghanistan Casualties: Military Forces and Civilians
Report No. R41084
Subjects: Afghanistan
CRS Reports, 111th Congress (8/31/2010; Posted: 9/20/2010)
---------------------------------
Contract Types: An Overview of the Legal Requirements and Issues
Report No. R41168
Subjects: Public Contracts
CRS Reports, 111th Congress (8/24/2010; Posted: 9/20/2010)
_____________________
©2010 — Congressional Quarterly Inc. — All Rights Reserved
Taiwan: Major U.S. Arms Sales Since 1990
Report No. RL30957
Subjects: Taiwan
CRS Reports, 111th Congress (8/31/2010; Posted: 9/20/2010)
---------------------------------
Sex Discrimination and the United States Supreme Court: Developments in the Law
Report No. RL30253
Subjects: Civil Rights and Liberties; Law; Women's Issues
CRS Reports, 111th Congress (9/1/2010; Posted: 9/20/2010)
---------------------------------
Continuing Resolutions: Latest Action and Brief Overview of Recent Practices
Report No. RL30343
Subjects: Budget
CRS Reports, 111th Congress (8/26/2010; Posted: 9/20/2010)
---------------------------------
Conventional Arms Transfers to Developing Nations, 2002-2009
Report No. R41403
Subjects: Trade; Weapons Systems
CRS Reports, 111th Congress (9/10/2010; Posted: 9/20/2010)
---------------------------------
Frequently Asked Questions about IMF Involvement in the Eurozone Debt Crisis
Report No. R41239
Subjects: International Finance; Europe
CRS Reports, 111th Congress (8/27/2010; Posted: 9/20/2010)
---------------------------------
Omnibus Appropriations Acts: Overview of Recent Practices
Report No. RL32473
Subjects: Budget
CRS Reports, 111th Congress (8/25/2010; Posted: 9/20/2010)
---------------------------------
The Emergency Alert System (EAS) and All-Hazard Warnings
Report No. RL32527
Subjects: Terrorism; Emergency Management; Telecommunications
CRS Reports, 111th Congress (8/26/2010; Posted: 9/20/2010)
---------------------------------
Duration of Continuing Resolutions in Recent Years
Report No. RL32614
Subjects: Congress
CRS Reports, 111th Congress (8/25/2010; Posted: 9/20/2010)
---------------------------------
Congressional Oversight of Intelligence: Current Structure and Alternatives
Report No. RL32525
Subjects: Terrorism; Intelligence Activities
CRS Reports, 111th Congress (8/25/2010; Posted: 9/20/2010)
---------------------------------
The 2010 Oil Spill: Criminal Liability Under Wildlife Laws
Report No. R41308
Subjects: Animals; Criminal Justice; Marine Resources; Natural Resources
CRS Reports, 111th Congress (8/31/2010; Posted: 9/20/2010)
---------------------------------
Homeland Security Department: FY2011 Appropriations
Report No. R41189
Subjects: Terrorism; Budget
CRS Reports, 111th Congress (8/27/2010; Posted: 9/20/2010)
---------------------------------
FY2011 Budget Proposals and Projections
Report No. R41147
Subjects: Budget
CRS Reports, 111th Congress (9/1/2010; Posted: 9/20/2010)
---------------------------------
Rules and Practices Governing Consideration of Revenue Legislation in the House and Senate
Report No. R41408
Subjects: Congress
CRS Reports, 111th Congress (9/14/2010; Posted: 9/20/2010)
---------------------------------
Veterans Affairs: Presumptive Service Connection and Disability Compensation
Report No. R41405
Subjects: Veterans
CRS Reports, 111th Congress (9/13/2010; Posted: 9/20/2010)
---------------------------------
Deepwater Horizon Oil Spill: Highlighted Actions and Issues
Report No. R41407
Subjects: Water Pollution; Emergency Management; Marine Resources; Natural Resources
CRS Reports, 111th Congress (9/13/2010; Posted: 9/20/2010)
---------------------------------
The Freedom of Information Act and Nondisclosure Provisions in Other Federal Laws
Report No. R41406
Subjects: Communications
CRS Reports, 111th Congress (9/13/2010; Posted: 9/20/2010)
---------------------------------
Afghanistan Casualties: Military Forces and Civilians
Report No. R41084
Subjects: Afghanistan
CRS Reports, 111th Congress (8/31/2010; Posted: 9/20/2010)
---------------------------------
Contract Types: An Overview of the Legal Requirements and Issues
Report No. R41168
Subjects: Public Contracts
CRS Reports, 111th Congress (8/24/2010; Posted: 9/20/2010)
_____________________
©2010 — Congressional Quarterly Inc. — All Rights Reserved
New York: Paladono's Aftershock
Source: Google News Alert Service, September 19, 2010
Analysis: Paladino's aftershock rattles Democrats
Glens Falls Post-Star
Thursday's Democratic attack began at a Wall Street Journal symposium featuring three New York governors _ Paterson and past governors Eliot Spitzer and ...
See all stories on this topic »
Analysis: Paladino's aftershock rattles Democrats
Glens Falls Post-Star
Thursday's Democratic attack began at a Wall Street Journal symposium featuring three New York governors _ Paterson and past governors Eliot Spitzer and ...
See all stories on this topic »
New York Legislature: Activity Report for Week Ending September 19, 2010
Source: New York Legislative Retrieval System (LRS), Search run September 19, 2010.
To retrieve the text of any of the New York bills listed below, go to http://public.leginfo.state.ny.us/menuf.cgi
CORRECTIONS LAW
Bill No. A2257B
Stirpe (MS) -- Expands when a person is guilty of criminal trespass in the second degree
Same as S 1606-B
Chapter Signed Date Effective Date
315 08/13/2010 takes effect on (11/01/10) the first of November next succeeding the date on which it shall have become a law
Last Act: 08/13/10 signed chap.315
08/23/10 approval memo.17
Last Action Date: 09/18/10 (Results Count = )
Bill No. A10973
A Alessi -- Relates to the placement of homeless persons in Suffolk county who are also sex offenders
Same as S 8026-A
Last Act: 09/18/10 vetoed memo.6812
09/18/10 tabled
CRIMINAL PROCEDURE LAW:
Bill No. A7670
Gottfried (MS) -- Relates to motions to vacate judgment against victims of sex trafficking for certain prostitution offenses
Same as S 4429
BLURB : CP L. sex traffic victim; vacate
Chapter Signed Date Effective Date
332 08/13/2010 and shall apply to convictions taking place before or after it takes effect
Last Act: 08/13/10 signed chap.332
08/23/10 approval memo.19
Last Action Date: 09/08/10 (Results Count = )
Bill No. S8483
MONTGOMERY -- Requires police officers to be retrained annually in CPR and creates the offense of failure to administer CPR
No Same as
BLURB : Pen L. CPR requirements for polic
Last Act: 09/08/10 REFERRED TO RULES
Last Action Date: 09/18/10 (Results Count = )
Bill No. A10005
Calhoun -- Designates as peace officers, the uniformed court officers of the town court of the town of New Windsor
Same as S 6977
BLURB : CP L. New Windsor court officers
Last Act: 09/18/10 vetoed memo.6806
09/18/10 tabled
A10058B
Lancman -- Enacts the "taxi driver protection act"
Same as S 7022-B
BLURB : Pen L. assault for-hire drivers
Last Act: 09/18/10 vetoed memo.6808
09/18/10 tabled
A10761A
Castelli -- Includes certain employees of the town or village of Harrison as peace officers
Same as S 5913-A
BLURB : CP L. peace officers - Harrison
Last Act: 09/18/10 vetoed memo.6810
09/18/10 tabled
PENAL LAW:
Bill No. A9220A
Meng -- Relates to hate crimes sentencing
Same as S 7575
Chapter Signed Date Effective Date
158 07/07/2010 takes effect on (11/1/2010) the first of November next succeeding the date upon which it shall have become a law
Last Act: 07/07/10 signed chap.158
07/09/10 approval memo.5
Last Action Date: 08/23/10 (Results Count = )
Bill No. A2257B
Stirpe (MS) -- Expands when a person is guilty of criminal trespass in the second degree
Same as S 1606-B
Chapter Signed Date Effective Date
315 08/13/2010 takes effect on (11/01/10) the first of November next succeeding the date on which it shall have become a law
Last Act: 08/13/10 signed chap.315
08/23/10 approval memo.17
A7670
Gottfried (MS) -- Relates to motions to vacate judgment against victims of sex trafficking for certain prostitution offenses
Same as S 4429
Chapter Signed Date Effective Date
332 08/13/2010 and shall apply to convictions taking place before or after it takes effect
Last Act: 08/13/10 signed chap.332
08/23/10 approval memo.19
Last Action Date: 09/08/10 (Results Count = )
Bill No. S8483
MONTGOMERY -- Requires police officers to be retrained annually in CPR and creates the offense of failure to administer CPR
No Same as
Last Act: 09/08/10 REFERRED TO RULES
Last Action Date: 09/10/10 (Results Count = )
Bill No. S8486
ROBACH -- Creates the crime of environmental damage of property
No Same as
Last Act: 09/10/10 REFERRED TO RULES
Last Action Date: 09/18/10 (Results Count = )
Bill No. A10005
Calhoun -- Designates as peace officers, the uniformed court officers of the town court of the town of New Windsor
Same as S 6977
Last Act: 09/18/10 vetoed memo.6806
09/18/10 tabled
A10058B
Lancman -- Enacts the "taxi driver protection act"
Same as S 7022-B
Last Act: 09/18/10 vetoed memo.6808
09/18/10 tabled
A10761A
Castelli -- Includes certain employees of the town or village of Harrison as peace officers
Same as S 5913-A
Last Act: 09/18/10 vetoed memo.6810
09/18/10 tabled
To retrieve the text of any of the New York bills listed below, go to http://public.leginfo.state.ny.us/menuf.cgi
CORRECTIONS LAW
Bill No. A2257B
Stirpe (MS) -- Expands when a person is guilty of criminal trespass in the second degree
Same as S 1606-B
Chapter Signed Date Effective Date
315 08/13/2010 takes effect on (11/01/10) the first of November next succeeding the date on which it shall have become a law
Last Act: 08/13/10 signed chap.315
08/23/10 approval memo.17
Last Action Date: 09/18/10 (Results Count = )
Bill No. A10973
A Alessi -- Relates to the placement of homeless persons in Suffolk county who are also sex offenders
Same as S 8026-A
Last Act: 09/18/10 vetoed memo.6812
09/18/10 tabled
CRIMINAL PROCEDURE LAW:
Bill No. A7670
Gottfried (MS) -- Relates to motions to vacate judgment against victims of sex trafficking for certain prostitution offenses
Same as S 4429
BLURB : CP L. sex traffic victim; vacate
Chapter Signed Date Effective Date
332 08/13/2010 and shall apply to convictions taking place before or after it takes effect
Last Act: 08/13/10 signed chap.332
08/23/10 approval memo.19
Last Action Date: 09/08/10 (Results Count = )
Bill No. S8483
MONTGOMERY -- Requires police officers to be retrained annually in CPR and creates the offense of failure to administer CPR
No Same as
BLURB : Pen L. CPR requirements for polic
Last Act: 09/08/10 REFERRED TO RULES
Last Action Date: 09/18/10 (Results Count = )
Bill No. A10005
Calhoun -- Designates as peace officers, the uniformed court officers of the town court of the town of New Windsor
Same as S 6977
BLURB : CP L. New Windsor court officers
Last Act: 09/18/10 vetoed memo.6806
09/18/10 tabled
A10058B
Lancman -- Enacts the "taxi driver protection act"
Same as S 7022-B
BLURB : Pen L. assault for-hire drivers
Last Act: 09/18/10 vetoed memo.6808
09/18/10 tabled
A10761A
Castelli -- Includes certain employees of the town or village of Harrison as peace officers
Same as S 5913-A
BLURB : CP L. peace officers - Harrison
Last Act: 09/18/10 vetoed memo.6810
09/18/10 tabled
PENAL LAW:
Bill No. A9220A
Meng -- Relates to hate crimes sentencing
Same as S 7575
Chapter Signed Date Effective Date
158 07/07/2010 takes effect on (11/1/2010) the first of November next succeeding the date upon which it shall have become a law
Last Act: 07/07/10 signed chap.158
07/09/10 approval memo.5
Last Action Date: 08/23/10 (Results Count = )
Bill No. A2257B
Stirpe (MS) -- Expands when a person is guilty of criminal trespass in the second degree
Same as S 1606-B
Chapter Signed Date Effective Date
315 08/13/2010 takes effect on (11/01/10) the first of November next succeeding the date on which it shall have become a law
Last Act: 08/13/10 signed chap.315
08/23/10 approval memo.17
A7670
Gottfried (MS) -- Relates to motions to vacate judgment against victims of sex trafficking for certain prostitution offenses
Same as S 4429
Chapter Signed Date Effective Date
332 08/13/2010 and shall apply to convictions taking place before or after it takes effect
Last Act: 08/13/10 signed chap.332
08/23/10 approval memo.19
Last Action Date: 09/08/10 (Results Count = )
Bill No. S8483
MONTGOMERY -- Requires police officers to be retrained annually in CPR and creates the offense of failure to administer CPR
No Same as
Last Act: 09/08/10 REFERRED TO RULES
Last Action Date: 09/10/10 (Results Count = )
Bill No. S8486
ROBACH -- Creates the crime of environmental damage of property
No Same as
Last Act: 09/10/10 REFERRED TO RULES
Last Action Date: 09/18/10 (Results Count = )
Bill No. A10005
Calhoun -- Designates as peace officers, the uniformed court officers of the town court of the town of New Windsor
Same as S 6977
Last Act: 09/18/10 vetoed memo.6806
09/18/10 tabled
A10058B
Lancman -- Enacts the "taxi driver protection act"
Same as S 7022-B
Last Act: 09/18/10 vetoed memo.6808
09/18/10 tabled
A10761A
Castelli -- Includes certain employees of the town or village of Harrison as peace officers
Same as S 5913-A
Last Act: 09/18/10 vetoed memo.6810
09/18/10 tabled
New York Law Journal: Decisions of Interest September 20, 2010
Source: NYLJ.com September 20, 2010
Subscription required for online access unless otherwise noted:
http://www.nylj.com
U.S. District Court, Southern District
Business Law
Claims of Purchasers of Securities on a French Stock Exchange Dismissed After Morrison
In re Alstom SA Securities Litigation, 03 Civ. 6595
APPELLATE DIVISION
FIRST DEPARTMENT
Landlord/Tenant Law
Condo Conversion's Tenants Whose Leases Had Expired Akin to 'Tenants at Sufferance'
MH Residential 1 LLC v. Barrett
NEW YORK COUNTY
Torts
Conflicting Expert Opinions Precludes Summary Judgment in Malpractice Suit
Matta v. Anastassov
NEW YORK COUNTY
Landlord/Tenant Law
'Conspicuous Part' of Premises Extends to Area Where Process 'Server's Progress is Arrested'
Centre Plaza LLC v. Chin Young Co. Inc.
BRONX COUNTY
Landlord/Tenant Law
Tenant's Eviction Improper; Court Orders Immediate Reinstatement of Tenancy
2720 LLC v. White
RICHMOND COUNTY
Criminal Practice
Supreme Court IDV Part Retains Jurisdiction To Preside Over Misdemeanor Criminal Cases
People v. Johnson
SUFFOLK COUNTY
Real Property
District Court Conferred Equitable, Injunctive Power by UDCA 203 on Housing Law Violations
Town of Huntington v. Lagone
SULLIVAN COUNTY
Criminal Practice
Mistrial Declared in Hunting Trial; Court Finds 'Batson-Like' Violation, But No Cure
People v. Robar
U.S. COURT OF APPEALS, SECOND CIRCUIT
Real Property
Lien Challenge Dismissal Affirmed; Court's Orders Protected Owners' Due Process Rights
Chase Group Alliance LLC v. City of New York Dept. of Finance
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Convenience, Economy, Circumstances Warrant 'First-Filed' Exception, Transfer
Scarola Ellis LLP v. Skyworks Ventures Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
FAA 7 Supports Extension of Federal Common Law to Enforce Subpoenas Issued in Arbitration
The Walt Disney Co. v. Nat'l Assn. of Broadcast Employees & Technicians
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Criminal Practice
Admission Rejected; Defendant Responsible For Less Cocaine Than for Minimum Sentence
United States v. South
Subscription required for online access unless otherwise noted:
http://www.nylj.com
U.S. District Court, Southern District
Business Law
Claims of Purchasers of Securities on a French Stock Exchange Dismissed After Morrison
In re Alstom SA Securities Litigation, 03 Civ. 6595
APPELLATE DIVISION
FIRST DEPARTMENT
Landlord/Tenant Law
Condo Conversion's Tenants Whose Leases Had Expired Akin to 'Tenants at Sufferance'
MH Residential 1 LLC v. Barrett
NEW YORK COUNTY
Torts
Conflicting Expert Opinions Precludes Summary Judgment in Malpractice Suit
Matta v. Anastassov
NEW YORK COUNTY
Landlord/Tenant Law
'Conspicuous Part' of Premises Extends to Area Where Process 'Server's Progress is Arrested'
Centre Plaza LLC v. Chin Young Co. Inc.
BRONX COUNTY
Landlord/Tenant Law
Tenant's Eviction Improper; Court Orders Immediate Reinstatement of Tenancy
2720 LLC v. White
RICHMOND COUNTY
Criminal Practice
Supreme Court IDV Part Retains Jurisdiction To Preside Over Misdemeanor Criminal Cases
People v. Johnson
SUFFOLK COUNTY
Real Property
District Court Conferred Equitable, Injunctive Power by UDCA 203 on Housing Law Violations
Town of Huntington v. Lagone
SULLIVAN COUNTY
Criminal Practice
Mistrial Declared in Hunting Trial; Court Finds 'Batson-Like' Violation, But No Cure
People v. Robar
U.S. COURT OF APPEALS, SECOND CIRCUIT
Real Property
Lien Challenge Dismissal Affirmed; Court's Orders Protected Owners' Due Process Rights
Chase Group Alliance LLC v. City of New York Dept. of Finance
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Convenience, Economy, Circumstances Warrant 'First-Filed' Exception, Transfer
Scarola Ellis LLP v. Skyworks Ventures Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
FAA 7 Supports Extension of Federal Common Law to Enforce Subpoenas Issued in Arbitration
The Walt Disney Co. v. Nat'l Assn. of Broadcast Employees & Technicians
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Criminal Practice
Admission Rejected; Defendant Responsible For Less Cocaine Than for Minimum Sentence
United States v. South
New York Law Journal: Lead Articles September 20, 2010
Source: NYLJ.com September 20, 2010.
Subscription required for online access unless otherwise noted:
Monday, September 20, 2010
City Spurns Options for Hiring Firefighters as 'Race-Based' Quotas
Circuit Rejects Corporate Alien Tort Law Liability
Retiring Clerk Says State's Package Came at Right Time
Tax Preparer Who Threatened Prosecutor Is Sentenced to 3 to 6 Years
News In Brief
Bar Groups Add Ammunition in Dispute With City
Law Firm Roundup
Correction
Subscription required for online access unless otherwise noted:
Monday, September 20, 2010
City Spurns Options for Hiring Firefighters as 'Race-Based' Quotas
Circuit Rejects Corporate Alien Tort Law Liability
Retiring Clerk Says State's Package Came at Right Time
Tax Preparer Who Threatened Prosecutor Is Sentenced to 3 to 6 Years
News In Brief
Bar Groups Add Ammunition in Dispute With City
Law Firm Roundup
Correction
LAW.COM Newswire Highlights September 20, 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
2nd Circuit Rejects Corporate Liability in Alien Tort Act Cases
New York Law Journal
The 2nd Circuit has rejected outright the theory that corporations can be held liable in the U.S. under the Alien Tort Statute for violations of international law in foreign countries. In a sweeping decision rebuffing a suit against Royal Dutch Petroleum and others for allegedly aiding and abetting human rights violations during oil exploration in Nigeria, the court said that "corporate liability is not a discernible -- much less universally recognized -- norm of customary international law that we may apply pursuant to ATS."
E-Mail Fight Ensues in Lawsuit Over Slain Lawyer's Death
The National Law Journal
Arent Fox has been pulled into a $20 million wrongful death suit filed by the wife of a Washington lawyer who was found stabbed to death in the home of one of the firm's former partners. Lawyers for Katherine Wone have asked a D.C. judge to enforce a subpoena for e-mail and other documents that former Arent Fox partner Joseph Price created while at the firm. Price has refused to permit Arent Fox to release those documents, citing various privileges including attorney-client and spousal privilege.
4th Circuit Becomes New Front in Battle Over Judicial Nominees
The National Law Journal
There's a new focus in the sparring over judicial nominees. Albert Diaz, whom President Barack Obama nominated for the 4th Circuit in November 2009, has been waiting longer for Senate confirmation than any other pending appellate nominee. Currently on the North Carolina trial bench, Diaz has awaited a vote since getting the unanimous support of the Senate Judiciary Committee in January. Obama, in a speech Wednesday, took what for him is an unusual step -- singling out Diaz by name as a stalled judicial nominee.
First Prop 8 Amicus Brief Raises Issue of Judge's Sexual Orientation
The Recorder
Before gay marriage foes filed their first brief to the 9th Circuit seeking to restore Prop 8, both parties agreed to open up the matter to amicus curiae briefs. The first to weigh in is a man named Robert Wooten, who wastes no time getting personal, at least for Judge Vaughn Walker, who delivered the landmark ruling calling Prop 8 unconstitutional. "If the allegation that Judge Walker is a homosexual is true, [then] he has a personal interest in the outcome of the trial" and should have recused himself, the brief states.
M&A Market Hesitantly Picking Up, Say Corporate Attorneys
The Legal Intelligencer
News of mergers and acquisitions seems to be rolling out at a faster pace these days, but while attorneys say activity is up, reaching the finish line is another story, as regulation and tightness in the credit market lead to intense due diligence and more deals dying on the vine. Dechert CEO-elect Daniel O'Donnell calls it one of the "weirdest" markets he has seen in 35 years as a corporate attorney because there are "great levels of activity" without the confidence typical for a growing deal environment.
N.J. Appeals Court Rebukes Judge Who Cut Fee Award to Discourage Fee-Shifting
New Jersey Law Journal
A New Jersey state appeals court on Thursday had some critical words for a judge who said he routinely trims fee awards to discourage fee-shifting, calling that seat-of-the-pants policy "legally untenable." A judge "may not impose his or her own policy considerations to arbitrarily reduce a litigant's otherwise legally justifiable application," the appeals court said in remanding the case for a fee recalculation.
Judge Tosses Out Charges Against Former Merrill Lynch Executive in Enron Case
The Associated Press
A federal judge has dismissed charges against a third defendant in a problematic Enron-related case marred by overturned convictions and flawed legal theory. But even with the dismissal, former Merrill Lynch executive James A. Brown could still return to prison on two other convictions that were not overturned. In 2004, Brown and two other executives were convicted of conspiracy and wire fraud, accused of helping push through Enron's sham sale to Merrill Lynch of three power barges moored off the Nigerian coast in 1999.
Woman Sues Former Employer Over Gun Policy
Fulton County Daily Report
A former employee of Iron Mountain Information Management has challenged the company to a legal duel over employees' rights to possess guns. The lawyer for Jamie Lunsford -- who was fired for carrying a handgun in her car -- has filed a petition to enjoin the company from enforcing its gun policy, claiming that it violates Georgia law. The company's lawyers contend that the law provides exceptions from gun privileges when employees are on company property or on company business.
Tax Preparer Who Threatened Prosecutor Is Sentenced to 3 to 6 Years
New York Law Journal
A tax preparer who sent threatening letters to a New York assistant DA who had twice prosecuted him was sentenced Friday to three to six years behind bars. Prosecutors arrested Jack Chang last summer after Gilda Mariani, the chief of the money laundering and tax crime unit in the DA's office, received two ominous letters. One was addressed to her husband at her home and contained a white powder that turned out to be cornstarch. Both depicted a tombstone with Mariani's name and threatened violence with a 9 mm gun.
Wash. Justice Awarded 4 E-Mails in Disclosure Case
The Associated Press
The Washington Supreme Court has awarded Justice Richard Sanders four additional documents and additional legal fees in his public records lawsuit against the state. Sanders sued the state in 2005 after he was admonished for talking with residents at the state's center for violent sexual predators at McNeil Island while some residents had pending court cases. But the high court affirmed much of a lower court ruling holding that most of the more than 100 exempt documents Sanders was seeking were properly withheld.
Lawyer Stands by Claim He's LeBron James' Father
The National Law Journal
Washington lawyer Leicester Stovell says a federal judge should not dismiss his lawsuit trying to prove that basketball star LeBron James is his son. In his filing last week, Stovell says a motion to dismiss his suit is partly a "diatribe" accusing him of "crawling out of the woodwork after the child he never gave a thought to became an NBA star." Stovell's filing says the judge in the case is the only one who can give him the final answer he's looking for about paternity -- as well as money for "mental anguish."
Europe's GCs Warn of More Pressure on Law Firm Fees
The American Lawyer
Senior general counsel in Europe are warning law firms to expect a lasting shake-up in how they're retained and paid. Convening for a roundtable at London's College of Law, legal heads from major corporations emphasized their intention to drive changes in billing methods, as the balance of power between clients and their attorneys continues to shift. Said Royal Dutch Shell's legal director, "Law firms have had Christmas every day for decades now, but the party is over."
Visit International News
American LegalNet eDockets Aims to Keep You Up to Date
Legal Tech Newsletter
When a law firm's docketing and calendar workflow is undefined or loosely structured, the firm is vulnerable to missing deadlines, losing track of e-filings, or using out-of-date or unofficial forms. Consultant Curt Meltzer believes American LegalNet eDockets has tackled these challenges.
Visit Legal Technology
The Careerist: More Law Firm Oscars? Yawn ...
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. More Law Firm Oscars? Yawn ... Plus Women Partners Get Paid Less -- Duh? And Maybe a Girl's Got to Be Manipulative: What Joan and Peggy of "Mad Men" Can Teach Us
Visit The Careerist
Are the 'U.S. News' Law Firm Rankings Big Law's Next Black Swan?
The American Lawyer
Could the U.S. News law firm rankings, with their focus on assessments of lawyer quality rather than on bottom-line profits, be Big Law's latest Black Swan -- a transformative, history-shaping event? No, according to Steven Harper, an adjunct professor at Northwestern University.
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2nd Circuit Rejects Corporate Liability in Alien Tort Act Cases
New York Law Journal
The 2nd Circuit has rejected outright the theory that corporations can be held liable in the U.S. under the Alien Tort Statute for violations of international law in foreign countries. In a sweeping decision rebuffing a suit against Royal Dutch Petroleum and others for allegedly aiding and abetting human rights violations during oil exploration in Nigeria, the court said that "corporate liability is not a discernible -- much less universally recognized -- norm of customary international law that we may apply pursuant to ATS."
E-Mail Fight Ensues in Lawsuit Over Slain Lawyer's Death
The National Law Journal
Arent Fox has been pulled into a $20 million wrongful death suit filed by the wife of a Washington lawyer who was found stabbed to death in the home of one of the firm's former partners. Lawyers for Katherine Wone have asked a D.C. judge to enforce a subpoena for e-mail and other documents that former Arent Fox partner Joseph Price created while at the firm. Price has refused to permit Arent Fox to release those documents, citing various privileges including attorney-client and spousal privilege.
4th Circuit Becomes New Front in Battle Over Judicial Nominees
The National Law Journal
There's a new focus in the sparring over judicial nominees. Albert Diaz, whom President Barack Obama nominated for the 4th Circuit in November 2009, has been waiting longer for Senate confirmation than any other pending appellate nominee. Currently on the North Carolina trial bench, Diaz has awaited a vote since getting the unanimous support of the Senate Judiciary Committee in January. Obama, in a speech Wednesday, took what for him is an unusual step -- singling out Diaz by name as a stalled judicial nominee.
First Prop 8 Amicus Brief Raises Issue of Judge's Sexual Orientation
The Recorder
Before gay marriage foes filed their first brief to the 9th Circuit seeking to restore Prop 8, both parties agreed to open up the matter to amicus curiae briefs. The first to weigh in is a man named Robert Wooten, who wastes no time getting personal, at least for Judge Vaughn Walker, who delivered the landmark ruling calling Prop 8 unconstitutional. "If the allegation that Judge Walker is a homosexual is true, [then] he has a personal interest in the outcome of the trial" and should have recused himself, the brief states.
M&A Market Hesitantly Picking Up, Say Corporate Attorneys
The Legal Intelligencer
News of mergers and acquisitions seems to be rolling out at a faster pace these days, but while attorneys say activity is up, reaching the finish line is another story, as regulation and tightness in the credit market lead to intense due diligence and more deals dying on the vine. Dechert CEO-elect Daniel O'Donnell calls it one of the "weirdest" markets he has seen in 35 years as a corporate attorney because there are "great levels of activity" without the confidence typical for a growing deal environment.
N.J. Appeals Court Rebukes Judge Who Cut Fee Award to Discourage Fee-Shifting
New Jersey Law Journal
A New Jersey state appeals court on Thursday had some critical words for a judge who said he routinely trims fee awards to discourage fee-shifting, calling that seat-of-the-pants policy "legally untenable." A judge "may not impose his or her own policy considerations to arbitrarily reduce a litigant's otherwise legally justifiable application," the appeals court said in remanding the case for a fee recalculation.
Judge Tosses Out Charges Against Former Merrill Lynch Executive in Enron Case
The Associated Press
A federal judge has dismissed charges against a third defendant in a problematic Enron-related case marred by overturned convictions and flawed legal theory. But even with the dismissal, former Merrill Lynch executive James A. Brown could still return to prison on two other convictions that were not overturned. In 2004, Brown and two other executives were convicted of conspiracy and wire fraud, accused of helping push through Enron's sham sale to Merrill Lynch of three power barges moored off the Nigerian coast in 1999.
Woman Sues Former Employer Over Gun Policy
Fulton County Daily Report
A former employee of Iron Mountain Information Management has challenged the company to a legal duel over employees' rights to possess guns. The lawyer for Jamie Lunsford -- who was fired for carrying a handgun in her car -- has filed a petition to enjoin the company from enforcing its gun policy, claiming that it violates Georgia law. The company's lawyers contend that the law provides exceptions from gun privileges when employees are on company property or on company business.
Tax Preparer Who Threatened Prosecutor Is Sentenced to 3 to 6 Years
New York Law Journal
A tax preparer who sent threatening letters to a New York assistant DA who had twice prosecuted him was sentenced Friday to three to six years behind bars. Prosecutors arrested Jack Chang last summer after Gilda Mariani, the chief of the money laundering and tax crime unit in the DA's office, received two ominous letters. One was addressed to her husband at her home and contained a white powder that turned out to be cornstarch. Both depicted a tombstone with Mariani's name and threatened violence with a 9 mm gun.
Wash. Justice Awarded 4 E-Mails in Disclosure Case
The Associated Press
The Washington Supreme Court has awarded Justice Richard Sanders four additional documents and additional legal fees in his public records lawsuit against the state. Sanders sued the state in 2005 after he was admonished for talking with residents at the state's center for violent sexual predators at McNeil Island while some residents had pending court cases. But the high court affirmed much of a lower court ruling holding that most of the more than 100 exempt documents Sanders was seeking were properly withheld.
Lawyer Stands by Claim He's LeBron James' Father
The National Law Journal
Washington lawyer Leicester Stovell says a federal judge should not dismiss his lawsuit trying to prove that basketball star LeBron James is his son. In his filing last week, Stovell says a motion to dismiss his suit is partly a "diatribe" accusing him of "crawling out of the woodwork after the child he never gave a thought to became an NBA star." Stovell's filing says the judge in the case is the only one who can give him the final answer he's looking for about paternity -- as well as money for "mental anguish."
Europe's GCs Warn of More Pressure on Law Firm Fees
The American Lawyer
Senior general counsel in Europe are warning law firms to expect a lasting shake-up in how they're retained and paid. Convening for a roundtable at London's College of Law, legal heads from major corporations emphasized their intention to drive changes in billing methods, as the balance of power between clients and their attorneys continues to shift. Said Royal Dutch Shell's legal director, "Law firms have had Christmas every day for decades now, but the party is over."
Visit International News
American LegalNet eDockets Aims to Keep You Up to Date
Legal Tech Newsletter
When a law firm's docketing and calendar workflow is undefined or loosely structured, the firm is vulnerable to missing deadlines, losing track of e-filings, or using out-of-date or unofficial forms. Consultant Curt Meltzer believes American LegalNet eDockets has tackled these challenges.
Visit Legal Technology
The Careerist: More Law Firm Oscars? Yawn ...
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. More Law Firm Oscars? Yawn ... Plus Women Partners Get Paid Less -- Duh? And Maybe a Girl's Got to Be Manipulative: What Joan and Peggy of "Mad Men" Can Teach Us
Visit The Careerist
Are the 'U.S. News' Law Firm Rankings Big Law's Next Black Swan?
The American Lawyer
Could the U.S. News law firm rankings, with their focus on assessments of lawyer quality rather than on bottom-line profits, be Big Law's latest Black Swan -- a transformative, history-shaping event? No, according to Steven Harper, an adjunct professor at Northwestern University.
Law.com®
120 Broadway, 5th Floor, New York, NY 10271-1101 (877) 256-CIRC
Customer Service Phone: (877) 256-CIRC
© 2010 ALM Media Properties, LLC. All rights reserved.
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