A review of Ron Aron's Wanted: U.S. Criminal Readers - Sources and Research Methodology, posted on the Law Librarian Blog October 1, 2010.
Here is an excerpt from that posting:
..."If Aron's work was a valuable research tool just for family historians, I would not be writing about on LLB. Once I pry his publication out of the Blog Widow and her aunt's hands (well, most likely I will have to buy them a copy), it is going into our county law library reference collection because I know of no other research guide that is this comprehensive and detailed for investigating criminal records, all criminal records, not just digitized ones. The utility of Wanted! US Criminal Records–Sources & Research Methodology also clearly extends to professional historians, law profs and law students, sociologists and criminologists. Now they may not be the typical user of a county law library but academic law libraries, do take note. To effectively research criminal records, Aron writes 'you have to understand what sources of information are available and you need guidelines for finding and working with these records.' He provided both."
Click here to see complete review.
Friday, October 01, 2010
ABA Journal Weekly Newsletter
For Week Ending October 1, 2010.
Top Stories:
Business of Law
17,500 BigLaw Jobs at Risk? Consultant Denies 'Evil Plot' by MPs
Sep 29, 2010, 09:38 am CDT
Plus: Associate Laterals Face Class-Year Demotions and Pay Cuts
Sep 27, 2010, 05:09 pm CDT
Attorney Fees
Joe Jamail Is Richest Practicing Lawyer, But Not the Richest Law Grad
Sep 28, 2010, 07:18 am CDT
Plus:
Judge Cites 'Egregious Breach' of Ethics, Slashes Law Firm Fee from $12M to $500K
Sep 28, 2010, 03:11 pm CDT
Ex-Associate Testifies PI Lawyer Disappointed by 'Lousy $41 Million' in Fees
Sep 30, 2010, 09:57 am CDT
Privacy Law
Hackers Post Law Firm E-Mail, Exposing Defendant Data, Lawyer's 'Lambo' Tastes
Sep 27, 2010, 07:00 am CDT
Plus: Classmates Accused of Streaming Gay Sex Encounter of Student Who Later Killed Himself
Sep 30, 2010, 06:48 am CDT
Evidence
Plaintiff Must Provide Access to 'Private' Facebook & MySpace Pages, Judge Rules
Sep 29, 2010, 03:36 pm CDT
Plus: Helmet Cam Was Legal, Ditto Taping Arresting Officer, Judge Rules
Sep 27, 2010, 07:02 pm CDT
Legal Rebels
Profiles: Growing it Green & Arkansas International
Winning Legal Rebels Essay: Solo Dreams of Full-Functioning Digital Messaging Assistant
Watch-and-Learn Videos: On Becoming a 'Biker Lawyer'; Escaping the Tyranny of Time; and Building a Service-Centered Firm
Careers
What Makes 44% of BigLaw Lawyers Happy?
Sep 29, 2010, 08:49 am CDT
Plus: Lawyer-Turned-Cupcake Entrepreneur Earned $100K Last Year
Sep 27, 2010, 11:34 am CDT
Law Professors
Adjunct Law Prof: A Low-Paying Job, If You Can Get It
Sep 30, 2010, 07:25 am CDT
Ethics Opinions
Beware of Fact-Specific E-Mail Discussion, Says ABA Ethics Opinion re Law Firm Websites
Sep 29, 2010, 02:53 pm CDT
Plus: Lawyers Can't Friend Potential Witnesses Under False Pretenses, Ethics Opinion Says
Sep 30, 2010, 05:30 am CDT
Real Estate & Property Law
'Foreclosure Mill' Law Firms Under Pressure from Lawmakers
Sep 29, 2010, 07:00 pm CDT
Business of Law
Hit By Hotel 'Death Ray,' Chicago Lawyer Says: 'I Was Effectively Being Cooked'
Sep 27, 2010, 04:59 pm CDT
Top Stories:
Business of Law
17,500 BigLaw Jobs at Risk? Consultant Denies 'Evil Plot' by MPs
Sep 29, 2010, 09:38 am CDT
Plus: Associate Laterals Face Class-Year Demotions and Pay Cuts
Sep 27, 2010, 05:09 pm CDT
Attorney Fees
Joe Jamail Is Richest Practicing Lawyer, But Not the Richest Law Grad
Sep 28, 2010, 07:18 am CDT
Plus:
Judge Cites 'Egregious Breach' of Ethics, Slashes Law Firm Fee from $12M to $500K
Sep 28, 2010, 03:11 pm CDT
Ex-Associate Testifies PI Lawyer Disappointed by 'Lousy $41 Million' in Fees
Sep 30, 2010, 09:57 am CDT
Privacy Law
Hackers Post Law Firm E-Mail, Exposing Defendant Data, Lawyer's 'Lambo' Tastes
Sep 27, 2010, 07:00 am CDT
Plus: Classmates Accused of Streaming Gay Sex Encounter of Student Who Later Killed Himself
Sep 30, 2010, 06:48 am CDT
Evidence
Plaintiff Must Provide Access to 'Private' Facebook & MySpace Pages, Judge Rules
Sep 29, 2010, 03:36 pm CDT
Plus: Helmet Cam Was Legal, Ditto Taping Arresting Officer, Judge Rules
Sep 27, 2010, 07:02 pm CDT
Legal Rebels
Profiles: Growing it Green & Arkansas International
Winning Legal Rebels Essay: Solo Dreams of Full-Functioning Digital Messaging Assistant
Watch-and-Learn Videos: On Becoming a 'Biker Lawyer'; Escaping the Tyranny of Time; and Building a Service-Centered Firm
Careers
What Makes 44% of BigLaw Lawyers Happy?
Sep 29, 2010, 08:49 am CDT
Plus: Lawyer-Turned-Cupcake Entrepreneur Earned $100K Last Year
Sep 27, 2010, 11:34 am CDT
Law Professors
Adjunct Law Prof: A Low-Paying Job, If You Can Get It
Sep 30, 2010, 07:25 am CDT
Ethics Opinions
Beware of Fact-Specific E-Mail Discussion, Says ABA Ethics Opinion re Law Firm Websites
Sep 29, 2010, 02:53 pm CDT
Plus: Lawyers Can't Friend Potential Witnesses Under False Pretenses, Ethics Opinion Says
Sep 30, 2010, 05:30 am CDT
Real Estate & Property Law
'Foreclosure Mill' Law Firms Under Pressure from Lawmakers
Sep 29, 2010, 07:00 pm CDT
Business of Law
Hit By Hotel 'Death Ray,' Chicago Lawyer Says: 'I Was Effectively Being Cooked'
Sep 27, 2010, 04:59 pm CDT
Selections from the New York Times
October 1, 2010.
Foreclosures Slow as Document Flaws Emerge
By DAVID STREITFELD
Evictions are expected to slow as officials shine a light on questionable foreclosure methods revealed by two of the country’s biggest home lenders.
Indian Court Divides Disputed Ayodhya Holy Site
By JIM YARDLEY
A long-awaited decision on control of India’s most disputed religious site splits the land into three portions to be divided among Hindus and Muslims.
U.S. Presses Israelis on Renewal of Freeze
By MARK LANDLER, HELENE COOPER and ETHAN BRONNER
The Obama administration is offering Israel security guarantees but is also weighing a fallback plan that could involve reaching out to the Palestinians, officials said.
White House? That’s Nice. But It’s the Big Leagues Now, Rahm.
By MONICA DAVEY
In a city bulging with candidates, Rahm Emanuel’s decision to run for mayor of Chicago was received as anything but a guarantee that he will glide into the job.
In a Computer Worm, a Possible Biblical Clue
By JOHN MARKOFF and DAVID E. SANGER
A reference in computer code to the Book of Esther may or may not be a sign of an Israeli origin to the Stuxnet worm.
Private Moment Made Public, Then a Fatal Jump
By LISA W. FODERARO
Tyler Clementi killed himself after an intimate encounter was broadcast.
Before a Suicide, Hints in Online Musings
By LISA W. FODERARO and WINNIE HU
Tyler Clementi, whose intimate encounters were put online, revealed anger and confusion in Internet postings.
Editorial:
No Defense
A Boston judge’s ruling sends a clear message: bullying by government lawyers is appalling and won’t be tolerated.
Foreclosures Slow as Document Flaws Emerge
By DAVID STREITFELD
Evictions are expected to slow as officials shine a light on questionable foreclosure methods revealed by two of the country’s biggest home lenders.
Indian Court Divides Disputed Ayodhya Holy Site
By JIM YARDLEY
A long-awaited decision on control of India’s most disputed religious site splits the land into three portions to be divided among Hindus and Muslims.
U.S. Presses Israelis on Renewal of Freeze
By MARK LANDLER, HELENE COOPER and ETHAN BRONNER
The Obama administration is offering Israel security guarantees but is also weighing a fallback plan that could involve reaching out to the Palestinians, officials said.
White House? That’s Nice. But It’s the Big Leagues Now, Rahm.
By MONICA DAVEY
In a city bulging with candidates, Rahm Emanuel’s decision to run for mayor of Chicago was received as anything but a guarantee that he will glide into the job.
In a Computer Worm, a Possible Biblical Clue
By JOHN MARKOFF and DAVID E. SANGER
A reference in computer code to the Book of Esther may or may not be a sign of an Israeli origin to the Stuxnet worm.
Private Moment Made Public, Then a Fatal Jump
By LISA W. FODERARO
Tyler Clementi killed himself after an intimate encounter was broadcast.
Before a Suicide, Hints in Online Musings
By LISA W. FODERARO and WINNIE HU
Tyler Clementi, whose intimate encounters were put online, revealed anger and confusion in Internet postings.
Editorial:
No Defense
A Boston judge’s ruling sends a clear message: bullying by government lawyers is appalling and won’t be tolerated.
Congressional Research Service (CRS) Reports Posted October 1, 2010*
Securities Investor Protection Corporation
Report No. RS21741
Subjects: Finance
CRS Reports, 111th Congress (9/21/2010; Posted: 10/1/2010)
---------------------------------
Inland Waterways: Recent Proposals and Issues for Congress
Report No. R41430
Subjects: Transportation
CRS Reports, 111th Congress (9/29/2010; Posted: 10/1/2010)
---------------------------------
China's Currency: An Analysis of the Economic Issues
Report No. RS21625
Subjects: Economic Policy; China
CRS Reports, 111th Congress (9/24/2010; Posted: 10/1/2010)
---------------------------------
The Pigford Case: USDA Settlement of a Discrimination Suit by Black Farmers
Report No. RS20430
Subjects: Agriculture; Minorities
CRS Reports, 111th Congress (9/16/2010; Posted: 10/1/2010)
---------------------------------
The Millennium Development Goals: The September 2010 U.N. High-level Meeting
Report No. R41410
Subjects: Foreign Aid
CRS Reports, 111th Congress (9/23/2010; Posted: 10/1/2010)
---------------------------------
Patent-Eligibility of Process Claims Under Section 101 of the Patent Act: Bilski v. Kappos
Report No. R40803
Subjects: Intellectual Property
CRS Reports, 111th Congress (9/17/2010; Posted: 10/1/2010)
---------------------------------
Expedited Funds Availability/Check-Holds
Report No. RS22036
Subjects: Consumers; Finance
CRS Reports, 111th Congress (9/24/2010; Posted: 10/1/2010)
---------------------------------
Unauthorized Alien Students, Higher Education, and In-State Tuition Rates: A Legal Analysis
Report No. RS22500
Subjects: Education; Immigration
CRS Reports, 111th Congress (9/21/2010; Posted: 10/1/2010)
---------------------------------
Qualified Charitable Distributions from Individual Retirement Accounts: A Fact Sheet
Report No. RS22766
Subjects: Pensions; Taxation
CRS Reports, 111th Congress (9/29/2010; Posted: 10/1/2010)
---------------------------------
Trade Adjustment Assistance for Workers (TAA) and Reemployment Trade Adjustment Assistance (RTAA)
Report No. RS22718
Subjects: Elderly People; Labor; Trade
CRS Reports, 111th Congress (9/24/2010; Posted: 10/1/2010)
---------------------------------
Child Support Enforcement: Program Basics
Report No. RS22380
Subjects: Children; Welfare
CRS Reports, 111th Congress (9/22/2010; Posted: 10/1/2010)
---------------------------------
Landsat and the Data Continuity Mission
Report No. R40594
Subjects: Space Activities
CRS Reports, 111th Congress (9/17/2010; Posted: 10/1/2010)
---------------------------------
U.S. National Science Foundation: An Overview
Report No. 95-307
Subjects: Science Policy
CRS Reports, 111th Congress (9/22/2010; Posted: 10/1/2010)
---------------------------------
Perchlorate Contamination of Drinking Water: Regulatory Issues and Legislative Actions
Report No. RS21961
Subjects: Water Pollution
CRS Reports, 111th Congress (9/21/2010; Posted: 10/1/2010)
---------------------------------
The Federal Food Safety System: A Primer
Report No. RS22600
Subjects: Food; Health Policy
CRS Reports, 111th Congress (9/22/2010; Posted: 10/1/2010)
---------------------------------
Drinking Water State Revolving Fund (DWSRF): Program Overview and Issues
Report No. RS22037
Subjects: Infrastructure; Water Resources
CRS Reports, 111th Congress (9/22/2010; Posted: 10/1/2010)
---------------------------------
Energy Tax Policy: Issues in the 111th Congress
Report No. R40999
Subjects: Energy; Taxation
CRS Reports, 111th Congress (9/20/2010; Posted: 10/1/2010)
---------------------------------
Tax Credit Bonds: Overview and Analysis
Report No. R40523
Subjects: Finance; State and Local Government; Taxation
CRS Reports, 111th Congress (9/17/2010; Posted: 10/1/2010)
---------------------------------
Congressional Liaison Offices of Selected Federal Agencies
Report No. 98-446
Subjects: Congress; Executive Branch Depts.
CRS Reports, 111th Congress (9/24/2010; Posted: 10/1/2010)
---------------------------------
Campaign Finance: Potential Legislative and Policy Issues for the 111th Congress
Report No. R40091
Subjects: Elections
CRS Reports, 111th Congress (9/17/2010; Posted: 10/1/2010)
---------------------------------
U.S. Security Assistance to Lebanon
Report No. R40485
Subjects: Lebanon
CRS Reports, 111th Congress (9/20/2010; Posted: 10/1/2010)
---------------------------------
The Americans with Disabilities Act (ADA): Statutory Language and Recent Issues
Report No. 98-921
Subjects: Disabled Persons
CRS Reports, 111th Congress (9/22/2010; Posted: 10/1/201
_________________________
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.
Report No. RS21741
Subjects: Finance
CRS Reports, 111th Congress (9/21/2010; Posted: 10/1/2010)
---------------------------------
Inland Waterways: Recent Proposals and Issues for Congress
Report No. R41430
Subjects: Transportation
CRS Reports, 111th Congress (9/29/2010; Posted: 10/1/2010)
---------------------------------
China's Currency: An Analysis of the Economic Issues
Report No. RS21625
Subjects: Economic Policy; China
CRS Reports, 111th Congress (9/24/2010; Posted: 10/1/2010)
---------------------------------
The Pigford Case: USDA Settlement of a Discrimination Suit by Black Farmers
Report No. RS20430
Subjects: Agriculture; Minorities
CRS Reports, 111th Congress (9/16/2010; Posted: 10/1/2010)
---------------------------------
The Millennium Development Goals: The September 2010 U.N. High-level Meeting
Report No. R41410
Subjects: Foreign Aid
CRS Reports, 111th Congress (9/23/2010; Posted: 10/1/2010)
---------------------------------
Patent-Eligibility of Process Claims Under Section 101 of the Patent Act: Bilski v. Kappos
Report No. R40803
Subjects: Intellectual Property
CRS Reports, 111th Congress (9/17/2010; Posted: 10/1/2010)
---------------------------------
Expedited Funds Availability/Check-Holds
Report No. RS22036
Subjects: Consumers; Finance
CRS Reports, 111th Congress (9/24/2010; Posted: 10/1/2010)
---------------------------------
Unauthorized Alien Students, Higher Education, and In-State Tuition Rates: A Legal Analysis
Report No. RS22500
Subjects: Education; Immigration
CRS Reports, 111th Congress (9/21/2010; Posted: 10/1/2010)
---------------------------------
Qualified Charitable Distributions from Individual Retirement Accounts: A Fact Sheet
Report No. RS22766
Subjects: Pensions; Taxation
CRS Reports, 111th Congress (9/29/2010; Posted: 10/1/2010)
---------------------------------
Trade Adjustment Assistance for Workers (TAA) and Reemployment Trade Adjustment Assistance (RTAA)
Report No. RS22718
Subjects: Elderly People; Labor; Trade
CRS Reports, 111th Congress (9/24/2010; Posted: 10/1/2010)
---------------------------------
Child Support Enforcement: Program Basics
Report No. RS22380
Subjects: Children; Welfare
CRS Reports, 111th Congress (9/22/2010; Posted: 10/1/2010)
---------------------------------
Landsat and the Data Continuity Mission
Report No. R40594
Subjects: Space Activities
CRS Reports, 111th Congress (9/17/2010; Posted: 10/1/2010)
---------------------------------
U.S. National Science Foundation: An Overview
Report No. 95-307
Subjects: Science Policy
CRS Reports, 111th Congress (9/22/2010; Posted: 10/1/2010)
---------------------------------
Perchlorate Contamination of Drinking Water: Regulatory Issues and Legislative Actions
Report No. RS21961
Subjects: Water Pollution
CRS Reports, 111th Congress (9/21/2010; Posted: 10/1/2010)
---------------------------------
The Federal Food Safety System: A Primer
Report No. RS22600
Subjects: Food; Health Policy
CRS Reports, 111th Congress (9/22/2010; Posted: 10/1/2010)
---------------------------------
Drinking Water State Revolving Fund (DWSRF): Program Overview and Issues
Report No. RS22037
Subjects: Infrastructure; Water Resources
CRS Reports, 111th Congress (9/22/2010; Posted: 10/1/2010)
---------------------------------
Energy Tax Policy: Issues in the 111th Congress
Report No. R40999
Subjects: Energy; Taxation
CRS Reports, 111th Congress (9/20/2010; Posted: 10/1/2010)
---------------------------------
Tax Credit Bonds: Overview and Analysis
Report No. R40523
Subjects: Finance; State and Local Government; Taxation
CRS Reports, 111th Congress (9/17/2010; Posted: 10/1/2010)
---------------------------------
Congressional Liaison Offices of Selected Federal Agencies
Report No. 98-446
Subjects: Congress; Executive Branch Depts.
CRS Reports, 111th Congress (9/24/2010; Posted: 10/1/2010)
---------------------------------
Campaign Finance: Potential Legislative and Policy Issues for the 111th Congress
Report No. R40091
Subjects: Elections
CRS Reports, 111th Congress (9/17/2010; Posted: 10/1/2010)
---------------------------------
U.S. Security Assistance to Lebanon
Report No. R40485
Subjects: Lebanon
CRS Reports, 111th Congress (9/20/2010; Posted: 10/1/2010)
---------------------------------
The Americans with Disabilities Act (ADA): Statutory Language and Recent Issues
Report No. 98-921
Subjects: Disabled Persons
CRS Reports, 111th Congress (9/22/2010; Posted: 10/1/201
_________________________
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.
Appellate Criminal Cases Originating from the New York Supreme Court NY County
In order to comply with subscription agreements you will need to use your own Westlaw password to view the full text of cases listed below:
October 1, 2010.
1. The PEOPLE of the State of New York, Respondent, v. Joseph BRONAUGH, Defendant-Appellant.
2010 WL 3782115, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Herbert I. Altman, J. at plea; Ronald A. Zweibel, J. at sentence), rendered September 18, 2008, convicting defendant of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of. . .
2. The People of the State of New York, Respondent, v. Hector Sarcone, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept.,2010., 3275
_________________________ An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Lewis Bart Stone, J.), rendered on or about November 21, 2008, And said appeal having been argued by counsel for the respective parties; and du. . .
3. The People of the State of New York, Respondent, v. Samuel DeGannes, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept.,2010., 3278
_________________________ Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered June 10, 2008, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentencing him to a term of 4 years, unanimously affirmed. The court provid. . .
4. The PEOPLE of the State of New York, Respondent, v. Keith JOHNSON, Defendant-Appellant.
2010 WL 3782196, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J .), rendered December 22, 2004, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirme. . .
5. The People of the State of New York, Respondent, 4908/06 6000/06 v. Bobby Ferrell, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept.,2010., 3284
_________________________ Judgments, Supreme Court, New York County (Bruce Allen, J.), rendered October 14, 2008, convicting defendant, upon his pleas of guilty, of murder in the second degree, attempted murder in the second degree, robbery in the first degree and criminal sale of a controlled sub. . .
October 1, 2010.
1. The PEOPLE of the State of New York, Respondent, v. Joseph BRONAUGH, Defendant-Appellant.
2010 WL 3782115, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Herbert I. Altman, J. at plea; Ronald A. Zweibel, J. at sentence), rendered September 18, 2008, convicting defendant of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of. . .
2. The People of the State of New York, Respondent, v. Hector Sarcone, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept.,2010., 3275
_________________________ An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Lewis Bart Stone, J.), rendered on or about November 21, 2008, And said appeal having been argued by counsel for the respective parties; and du. . .
3. The People of the State of New York, Respondent, v. Samuel DeGannes, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept.,2010., 3278
_________________________ Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered June 10, 2008, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentencing him to a term of 4 years, unanimously affirmed. The court provid. . .
4. The PEOPLE of the State of New York, Respondent, v. Keith JOHNSON, Defendant-Appellant.
2010 WL 3782196, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J .), rendered December 22, 2004, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirme. . .
5. The People of the State of New York, Respondent, 4908/06 6000/06 v. Bobby Ferrell, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept.,2010., 3284
_________________________ Judgments, Supreme Court, New York County (Bruce Allen, J.), rendered October 14, 2008, convicting defendant, upon his pleas of guilty, of murder in the second degree, attempted murder in the second degree, robbery in the first degree and criminal sale of a controlled sub. . .
New York Law Journal: Decisions of Interest October 1, 2010
If you are already an online subscriber to this service you should be able to click on any of the links proveded below, sign in, and access any of the decisions listed which interest you.
http://www.nylj.com
Subscription required for online access unless otherwise noted:
Friday, October 1, 2010
U.S. Court of Appeals, Second Circuit
Real Property
Circuit Orders Return of $16 Million in Deposits Over Drafting Error in Condo Offering
CRP/Extell Parcel I v. Cuomo, 10-1929-cv
FREE WITH REGISTRATION
Appellate Division, Second Department
Torts
Coroner's Failure to Inform Family That Brain Was Kept for Test Violated Right of Sepulchre
Shipley v. City of New York, Respondents, 101114/06
FREE WITH REGISTRATION
U.S. District Court, Southern District
Business Law
District Court Erred in Approving Settlement That Shielded Executives From SOX Liability
Cohen v. Viray, 08-3860-cv
FREE WITH REGISTRATION
Appellate Division, First Department
Immigration Attorney Is Reciprocally Disbarred After Ban on Practicing Before Second Circuit
Matter of Jaffe-Nierenberg, M-1370
FREE WITH REGISTRATION
APPELLATE TERM
Landlord/Tenant Law
Panel Modifies, Affirms Civil Court Order; Default of Final Judgment Reinstated
Eastside NYC Corp. v. Olmedo
NEW YORK COUNTY
Civil Practice
Court Rejects Bid for Sanctions as Counsel's Letter Did Not Deny Defendants of Rights
Peluso v. C.R. Bard Inc.
NEW YORK COUNTY
Employment
Officer's Termination Is Upheld; Dismissal Ruled Not Shocking to Sense of Fairness
Buonviaggio v. Kelly
APPELLATE TERM
Criminal Practice
Panel Finds Use of Delegated Prosecutorial Powers Does Not Violates Equal Protection
People v. Murphy
WESTCHESTER COUNTY
Family Law
Res Judicata of Conn. Divorce Judgment Bars Wife's Claim for Equitable Distribution
E.A. v. R.A.
ESSEX COUNTY
Criminal Practice
Evidence Legally Sufficient to Establish Actions Constituted Criminal Negligence
People v. Smith
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
Awards Summarily Confirmed; 'Celotex Corp.' Noted in Finding No Material Facts at Issue
International Union of Operating Engineers - Local 825 Employee Benefit Funds v. George Fuller Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Promissory Notes' Forum Clauses Provide Jurisdiction Over Mexican in Bank's Action
Export-Import Bank of the United States v. Hi-Films S.A. de C.V.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
Reports' Preparation Did Not Make Remaining Defendant ERISA Fiduciary
Apogee Enterprises Inc. v. State Street Bank and Trust Co.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
Securities Fraud Suit Plaintiff's Substitution Permitted; Amended Complaint Not Needed
Billhofer v. Flamel Technologies S.A.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Defense Counsel Met Professional Standards In Dealing on Issues of Client's Competency
Kiltinivichious v. United States
http://www.nylj.com
Subscription required for online access unless otherwise noted:
Friday, October 1, 2010
U.S. Court of Appeals, Second Circuit
Real Property
Circuit Orders Return of $16 Million in Deposits Over Drafting Error in Condo Offering
CRP/Extell Parcel I v. Cuomo, 10-1929-cv
FREE WITH REGISTRATION
Appellate Division, Second Department
Torts
Coroner's Failure to Inform Family That Brain Was Kept for Test Violated Right of Sepulchre
Shipley v. City of New York, Respondents, 101114/06
FREE WITH REGISTRATION
U.S. District Court, Southern District
Business Law
District Court Erred in Approving Settlement That Shielded Executives From SOX Liability
Cohen v. Viray, 08-3860-cv
FREE WITH REGISTRATION
Appellate Division, First Department
Immigration Attorney Is Reciprocally Disbarred After Ban on Practicing Before Second Circuit
Matter of Jaffe-Nierenberg, M-1370
FREE WITH REGISTRATION
APPELLATE TERM
Landlord/Tenant Law
Panel Modifies, Affirms Civil Court Order; Default of Final Judgment Reinstated
Eastside NYC Corp. v. Olmedo
NEW YORK COUNTY
Civil Practice
Court Rejects Bid for Sanctions as Counsel's Letter Did Not Deny Defendants of Rights
Peluso v. C.R. Bard Inc.
NEW YORK COUNTY
Employment
Officer's Termination Is Upheld; Dismissal Ruled Not Shocking to Sense of Fairness
Buonviaggio v. Kelly
APPELLATE TERM
Criminal Practice
Panel Finds Use of Delegated Prosecutorial Powers Does Not Violates Equal Protection
People v. Murphy
WESTCHESTER COUNTY
Family Law
Res Judicata of Conn. Divorce Judgment Bars Wife's Claim for Equitable Distribution
E.A. v. R.A.
ESSEX COUNTY
Criminal Practice
Evidence Legally Sufficient to Establish Actions Constituted Criminal Negligence
People v. Smith
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
Awards Summarily Confirmed; 'Celotex Corp.' Noted in Finding No Material Facts at Issue
International Union of Operating Engineers - Local 825 Employee Benefit Funds v. George Fuller Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Promissory Notes' Forum Clauses Provide Jurisdiction Over Mexican in Bank's Action
Export-Import Bank of the United States v. Hi-Films S.A. de C.V.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
Reports' Preparation Did Not Make Remaining Defendant ERISA Fiduciary
Apogee Enterprises Inc. v. State Street Bank and Trust Co.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
Securities Fraud Suit Plaintiff's Substitution Permitted; Amended Complaint Not Needed
Billhofer v. Flamel Technologies S.A.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Defense Counsel Met Professional Standards In Dealing on Issues of Client's Competency
Kiltinivichious v. United States
New York Law Journal: Lead Articles October 1, 2010
If you are already an online subscriber to the New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed.
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Friday, October 1, 2010
Couple Allowed to Sue Morgue for Retaining Their Son's Brain Subscription Required New York Law Journal
Immigration Attorney Disbarred for 'Pervasive' Neglect of Duties Subscription Required New York Law Journal
Condo Buyers Win Court Round in Bid to Exploit Firm Typo Subscription Required New York Law Journal
Circuit Rejects Pact's 'End-Run' Around Liability for Ex-Executives Subscription RequiredNew York Law Journal
Law Firm Roundup
Subscription RequiredNew York Law Journal
Practitioners Blast ABA Over Ethics Opinion Charges
Subscription RequiredNew York Law Journal
News In Brief
Subscription RequiredNew York Law Journal
www.nylj.com
Subscription required for online access unless otherwise noted:
Friday, October 1, 2010
Couple Allowed to Sue Morgue for Retaining Their Son's Brain Subscription Required New York Law Journal
Immigration Attorney Disbarred for 'Pervasive' Neglect of Duties Subscription Required New York Law Journal
Condo Buyers Win Court Round in Bid to Exploit Firm Typo Subscription Required New York Law Journal
Circuit Rejects Pact's 'End-Run' Around Liability for Ex-Executives Subscription RequiredNew York Law Journal
Law Firm Roundup
Subscription RequiredNew York Law Journal
Practitioners Blast ABA Over Ethics Opinion Charges
Subscription RequiredNew York Law Journal
News In Brief
Subscription RequiredNew York Law Journal
LAW.COM Newswire Highlights October 1, 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:
Survey Shows Law Firms' Minority Hiring Is Stagnating
The National Law Journal
New data from the Minority Corporate Counsel Association and Vault.com provide a grim picture of law firm diversity efforts in a difficult economy. For the first time in seven years, the percentage of minority equity partners remained virtually flat, nudging up from 6.05 percent in 2008 to 6.06 percent in 2009 at the 263 law firms surveyed, according to a report released this week. That finding helped to corroborate fears that diversity efforts have taken a backseat to economic concerns.
Novartis Agrees to Pay More Than $422 Million to Settle Disputes Over Off-Label Marketing
The Legal Intelligencer
Pharmaceutical giant Novartis has agreed to pay more than $422 million in criminal fines and a global settlement of whistleblower suits to resolve allegations it engaged in illegal marketing practices, including alleged kickbacks to health care providers to induce them to prescribe Novartis drugs. U.S. Attorney Zane Memeger said Novartis Pharmaceuticals has agreed to pay a criminal fine and forfeiture of $185 million, and also agreed to pay $237.5 million to resolve civil liabilities for its off-label marketing of six drugs.
U.K. Law Firm Investment Countdown Enters Final Year
The American Lawyer
The long wait for the onset of Alternative Business Structures is almost over. Just 12 months remain until the third and final stage of the Legal Services Act comes into force, permitting U.K. law firms to accept outside equity investment for the first time. Firms are already preparing themselves for a change that many experts believe will fundamentally reshape the profession.
Condo Buyers Win Round in 2nd Circuit in Bid to Exploit Law Firm Typo
New York Law Journal
Condominium buyers who seized on what has been described as a typo in offering documents by a Stroock & Stroock & Lavan lawyer Thursday won a round in the fight to recoup their deposits. But the litigation is not over, despite the decision by the 2nd Circuit, which upheld a lower court's refusal to grant an injunction that would have blocked the release of some $16 million in buyer deposits from an escrow account maintained by the project developer and Stroock client CRP/Extell Parcel I.
BP Pays Record $15 Million Penalty for Clean Air Act Violations
The National Law Journal
In the biggest-ever civil penalty against a single facility for violating the Clean Air Act, BP Products North America has agreed to pay $15 million to resolve federal Clean Air Act violations at its Texas City, Texas, petroleum refinery. The settlement, announced Thursday by the Environmental Protection Agency and the Justice Department, addresses violations stemming from fires in March 2004 and July 2005 and a leak that occurred in August 2005. The incidents released thousands of pounds of flammable and toxic air pollutants.
2nd Circuit Rejects $35M Pact's 'End Run' Around Liability for Former Executives
New York Law Journal
A district court should not have approved a $35.2 million settlement that would have insulated two former top executives of a body armor company from liability under the Sarbanes-Oxley Act, a federal appeals court ruled Thursday. The 2nd Circuit ruled that only the SEC has the authority to exempt the executives from §304 of the act, which requires CEOs and CFOs to reimburse their companies for bonuses and profits from stock sales in the 12 months following the filing of a false financial report.
Lead Attorney Intends to Leave Blagojevich Defense
The Associated Press
Sam Adam Jr., former Illinois Gov. Rod Blagojevich's lead attorney, is asking a judge to release him from the defense team ahead of Blagojevich's retrial on corruption charges, according to a Thursday court filing. A nearly $3 million fund Blagojevich drew on at his first trial to pay a team of more than a dozen attorneys has run dry. Now that taxpayers must foot the bill for Blagojevich's defense, federal Judge James Zagel has said he'll allow the impeached governor to have only two attorneys.
Punitives Can Only Exceed Compensatories by 9-1 Ratio, Court Says
The Legal Intelligencer
Slashing a jury's punitive award of $500,000, a federal judge has ruled that the constitutional maximum for punitive awards is ordinarily no more than nine times the compensatory award -- even in cases where the defendant is a repeat violator. U.S. District Judge Timothy J. Savage was harshly critical of TransUnion credit reporting agency, noting that it has repeatedly violated the Fair Credit Reporting Act. But since the jury's compensatory award was just $30,000, he said, the maximum punitive award would be $270,000.
SNR Denton Goes Live
The National Law Journal
After just four months of planning and work, Sonnenschein Nath & Rosenthal and U.K.-based Denton Wilde Sapte have merged to officially become SNR Denton. The new firm, which went live Thursday, has roughly 1,250 lawyers in 48 offices worldwide and estimated annual revenues of $750 million. For compensation, Elliott Portnoy, who is now co-CEO of SNR Denton, said that the firm opted for a more U.S.-style merit-based model as opposed to the lockstep model that is common among U.K.-based firms.
Grand Jury Re-Indicts Former Judge in Pa. 'Kids for Cash' Scandal
The Legal Intelligencer
A federal grand jury has handed down a superseding indictment against former Luzerne County, Pa., Common Pleas Judge Mark A. Ciavarella Jr. in response to a U.S. Supreme Court ruling on the constitutionality of the federal honest services fraud statute, according to federal prosecutors. The number of criminal charges against Ciavarella has been reduced from 48 to 39, with three counts of honest services fraud among those dropped. It's the latest twist in a case that has seen several since mid-2009.
Attorney Pleads Guilty in Sex-With-Minor Sting
The National Law Journal
A Los Angeles attorney has pleaded guilty to charges that he traveled to a hotel to meet a 16-year-old girl from Georgia who turned out to be an undercover police detective. Eduardo Brito Leaton pleaded guilty to one count of meeting a minor for lewd purposes and three counts of using a minor for sex acts, according to the Los Angeles County DA's office. Leaton is scheduled to be sentenced on Oct. 18 to six years in state prison and will have to register as a sex offender for life.
Tips Toward Mastering E-Mail Evidence
Law Technology News
E-mail holds the res gestae statements of the wired world: It's the evidence litigants crave and fear. Yet it still confounds us in electronic data discovery. Craig Ball wraps up his four-part series on e-mail with a look at collection, message IDs, threading, deduplication, and forms of production.
Visit Legal Technology
Fall Into Autumn Fashion for the Office
The Legal Intelligencer
As the sun sets earlier each day and you pack up the beach blankets and boogie boards, it's time to think about transitioning your office wardrobe from summer to fall. Consultant Dana Persia talks about some of the latest trends for fall 2010 and provides tips for both men and women.
Visit lawjobs.com News & Views
The Careerist: Women Lawyers, Don't Let Your Wall Street Sisters Quit
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Women Lawyers, Don't Let Your Wall Street Sisters Quit And When the Stay-Home Parent Wants to Go Back to Work: A how-to guide Also Law School News: Pushy Mom; Spammed Prof, Spurned Students; Lit Prize
Visit The Careerist
All-Woman Firm Grows From Networking Opportunities
The Connecticut Law Tribune
It all started at a trial lawyers' conference in 2008. Attorney Leslie G. McPadden, who always made a habit of sitting at tables with people she didn't know, introduced herself to attorney Rosa C. Rebimbas. A year later, McPadden and Rebimbas joined forces to form an all-woman firm. Launching a small firm has been a learning experience for the two attorneys. "If you have preconceived notions about the other person or a sense of entitlement, you're set up for failure," Rebimbas said.
How to contact us should you have questions:
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.
Subscription required for online access:
Survey Shows Law Firms' Minority Hiring Is Stagnating
The National Law Journal
New data from the Minority Corporate Counsel Association and Vault.com provide a grim picture of law firm diversity efforts in a difficult economy. For the first time in seven years, the percentage of minority equity partners remained virtually flat, nudging up from 6.05 percent in 2008 to 6.06 percent in 2009 at the 263 law firms surveyed, according to a report released this week. That finding helped to corroborate fears that diversity efforts have taken a backseat to economic concerns.
Novartis Agrees to Pay More Than $422 Million to Settle Disputes Over Off-Label Marketing
The Legal Intelligencer
Pharmaceutical giant Novartis has agreed to pay more than $422 million in criminal fines and a global settlement of whistleblower suits to resolve allegations it engaged in illegal marketing practices, including alleged kickbacks to health care providers to induce them to prescribe Novartis drugs. U.S. Attorney Zane Memeger said Novartis Pharmaceuticals has agreed to pay a criminal fine and forfeiture of $185 million, and also agreed to pay $237.5 million to resolve civil liabilities for its off-label marketing of six drugs.
U.K. Law Firm Investment Countdown Enters Final Year
The American Lawyer
The long wait for the onset of Alternative Business Structures is almost over. Just 12 months remain until the third and final stage of the Legal Services Act comes into force, permitting U.K. law firms to accept outside equity investment for the first time. Firms are already preparing themselves for a change that many experts believe will fundamentally reshape the profession.
Condo Buyers Win Round in 2nd Circuit in Bid to Exploit Law Firm Typo
New York Law Journal
Condominium buyers who seized on what has been described as a typo in offering documents by a Stroock & Stroock & Lavan lawyer Thursday won a round in the fight to recoup their deposits. But the litigation is not over, despite the decision by the 2nd Circuit, which upheld a lower court's refusal to grant an injunction that would have blocked the release of some $16 million in buyer deposits from an escrow account maintained by the project developer and Stroock client CRP/Extell Parcel I.
BP Pays Record $15 Million Penalty for Clean Air Act Violations
The National Law Journal
In the biggest-ever civil penalty against a single facility for violating the Clean Air Act, BP Products North America has agreed to pay $15 million to resolve federal Clean Air Act violations at its Texas City, Texas, petroleum refinery. The settlement, announced Thursday by the Environmental Protection Agency and the Justice Department, addresses violations stemming from fires in March 2004 and July 2005 and a leak that occurred in August 2005. The incidents released thousands of pounds of flammable and toxic air pollutants.
2nd Circuit Rejects $35M Pact's 'End Run' Around Liability for Former Executives
New York Law Journal
A district court should not have approved a $35.2 million settlement that would have insulated two former top executives of a body armor company from liability under the Sarbanes-Oxley Act, a federal appeals court ruled Thursday. The 2nd Circuit ruled that only the SEC has the authority to exempt the executives from §304 of the act, which requires CEOs and CFOs to reimburse their companies for bonuses and profits from stock sales in the 12 months following the filing of a false financial report.
Lead Attorney Intends to Leave Blagojevich Defense
The Associated Press
Sam Adam Jr., former Illinois Gov. Rod Blagojevich's lead attorney, is asking a judge to release him from the defense team ahead of Blagojevich's retrial on corruption charges, according to a Thursday court filing. A nearly $3 million fund Blagojevich drew on at his first trial to pay a team of more than a dozen attorneys has run dry. Now that taxpayers must foot the bill for Blagojevich's defense, federal Judge James Zagel has said he'll allow the impeached governor to have only two attorneys.
Punitives Can Only Exceed Compensatories by 9-1 Ratio, Court Says
The Legal Intelligencer
Slashing a jury's punitive award of $500,000, a federal judge has ruled that the constitutional maximum for punitive awards is ordinarily no more than nine times the compensatory award -- even in cases where the defendant is a repeat violator. U.S. District Judge Timothy J. Savage was harshly critical of TransUnion credit reporting agency, noting that it has repeatedly violated the Fair Credit Reporting Act. But since the jury's compensatory award was just $30,000, he said, the maximum punitive award would be $270,000.
SNR Denton Goes Live
The National Law Journal
After just four months of planning and work, Sonnenschein Nath & Rosenthal and U.K.-based Denton Wilde Sapte have merged to officially become SNR Denton. The new firm, which went live Thursday, has roughly 1,250 lawyers in 48 offices worldwide and estimated annual revenues of $750 million. For compensation, Elliott Portnoy, who is now co-CEO of SNR Denton, said that the firm opted for a more U.S.-style merit-based model as opposed to the lockstep model that is common among U.K.-based firms.
Grand Jury Re-Indicts Former Judge in Pa. 'Kids for Cash' Scandal
The Legal Intelligencer
A federal grand jury has handed down a superseding indictment against former Luzerne County, Pa., Common Pleas Judge Mark A. Ciavarella Jr. in response to a U.S. Supreme Court ruling on the constitutionality of the federal honest services fraud statute, according to federal prosecutors. The number of criminal charges against Ciavarella has been reduced from 48 to 39, with three counts of honest services fraud among those dropped. It's the latest twist in a case that has seen several since mid-2009.
Attorney Pleads Guilty in Sex-With-Minor Sting
The National Law Journal
A Los Angeles attorney has pleaded guilty to charges that he traveled to a hotel to meet a 16-year-old girl from Georgia who turned out to be an undercover police detective. Eduardo Brito Leaton pleaded guilty to one count of meeting a minor for lewd purposes and three counts of using a minor for sex acts, according to the Los Angeles County DA's office. Leaton is scheduled to be sentenced on Oct. 18 to six years in state prison and will have to register as a sex offender for life.
Tips Toward Mastering E-Mail Evidence
Law Technology News
E-mail holds the res gestae statements of the wired world: It's the evidence litigants crave and fear. Yet it still confounds us in electronic data discovery. Craig Ball wraps up his four-part series on e-mail with a look at collection, message IDs, threading, deduplication, and forms of production.
Visit Legal Technology
Fall Into Autumn Fashion for the Office
The Legal Intelligencer
As the sun sets earlier each day and you pack up the beach blankets and boogie boards, it's time to think about transitioning your office wardrobe from summer to fall. Consultant Dana Persia talks about some of the latest trends for fall 2010 and provides tips for both men and women.
Visit lawjobs.com News & Views
The Careerist: Women Lawyers, Don't Let Your Wall Street Sisters Quit
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Women Lawyers, Don't Let Your Wall Street Sisters Quit And When the Stay-Home Parent Wants to Go Back to Work: A how-to guide Also Law School News: Pushy Mom; Spammed Prof, Spurned Students; Lit Prize
Visit The Careerist
All-Woman Firm Grows From Networking Opportunities
The Connecticut Law Tribune
It all started at a trial lawyers' conference in 2008. Attorney Leslie G. McPadden, who always made a habit of sitting at tables with people she didn't know, introduced herself to attorney Rosa C. Rebimbas. A year later, McPadden and Rebimbas joined forces to form an all-woman firm. Launching a small firm has been a learning experience for the two attorneys. "If you have preconceived notions about the other person or a sense of entitlement, you're set up for failure," Rebimbas said.
How to contact us should you have questions:
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.
Thursday, September 30, 2010
New York Appellate Criminal Cases Originating from the New York Supreme Court NY County
In order to comply with subscription agreements you will need to use your own Westlaw password to view the full text of cases listed below:
September 30, 2010.
1. The PEOPLE of the State of New York, Respondent, v. Heath EDMEAD, Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept.,2010.,
An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Renee White, J.), rendered on or about January 21, 2009,And said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereon. . .
2. The PEOPLE of the State of New York, Respondent, v. Marlon ELLIOTT, etc., Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept.,2010.,
An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Rena K. Uviller, J.), rendered on or about July 16, 2008,And said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereo. . .
3. The PEOPLE of the State of New York, Respondent, v. Livingston CLARK, Defendant-Appellant.
2010 WL 3744577, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered February 11, 2009, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of 5 years, unanimously affirmed. The verdict was based on legally suff. . .
4. The PEOPLE of the State of New York, Respondent, v. Ernesto ABREU, Defendant-Appellant.
2010 WL 3701317, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered June 6, 2008, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the fifth degree and criminally using dru. . .
5. The PEOPLE of the State of New York, Respondent, v. Keith BROWN, Defendant-Appellant.
2010 WL 3701321, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered on or about April 22, 2009, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 1967; People v. Saunders, 52. . .
6. The PEOPLE of the State of New York, Respondent, v. Jamel DUGGINS, Defendant-Appellant.
2010 WL 3701349, N.Y.A.D. 1 Dept.,2010.,
Order, Supreme Court, New York County (Michael J. Obus, J.), entered April 8, 2009, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art. 6-C), unanimously affirmed, without costs. The court properly exercised its discretion in decl. . .
7. The PEOPLE of the State of New York, Respondent, v. Nathaniel SYVILLE, Defendant-Appellant.
2010 WL 3701368, N.Y.A.D. 1 Dept.,2010.,
Judgment of resentence, Supreme Court, New York County (William A. Wetzel, J.), rendered January 6, 2009, resentencing defendant to a term of 12 years, with 5 years' postrelease supervision, unanimously affirmed. The resentencing proceeding imposing a term of postrelease supervision was not barred. . .
8. The PEOPLE of the State of New York, Respondent, v. Manuel MACK, Defendant-Appellant.
2010 WL 3701371, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Renee A. White, J.), rendered June 30, 2009, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 5 years, unanimously affirmed. The court properly exercised its discretion in denying defendant yout. . .
9. The PEOPLE of the State of New York, Respondent, v. Gerard JOHNSON, Defendant-Appellant.
907 N.Y.S.2d 6, N.Y.A.D. 1 Dept.,2010.,
Affirmed. Background: Defendant was convicted, upon plea of guilty, in the Supreme Court, New York County, Lewis Bart Stone, J., of assault in the first degree as hate crime, and was sentenced to 17 years' imprisonment. Defendant appealed. Judgment, Supreme Court, New York County (Lewis Ba. . .
September 30, 2010.
1. The PEOPLE of the State of New York, Respondent, v. Heath EDMEAD, Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept.,2010.,
An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Renee White, J.), rendered on or about January 21, 2009,And said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereon. . .
2. The PEOPLE of the State of New York, Respondent, v. Marlon ELLIOTT, etc., Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept.,2010.,
An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Rena K. Uviller, J.), rendered on or about July 16, 2008,And said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereo. . .
3. The PEOPLE of the State of New York, Respondent, v. Livingston CLARK, Defendant-Appellant.
2010 WL 3744577, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered February 11, 2009, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of 5 years, unanimously affirmed. The verdict was based on legally suff. . .
4. The PEOPLE of the State of New York, Respondent, v. Ernesto ABREU, Defendant-Appellant.
2010 WL 3701317, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered June 6, 2008, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the fifth degree and criminally using dru. . .
5. The PEOPLE of the State of New York, Respondent, v. Keith BROWN, Defendant-Appellant.
2010 WL 3701321, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered on or about April 22, 2009, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 1967; People v. Saunders, 52. . .
6. The PEOPLE of the State of New York, Respondent, v. Jamel DUGGINS, Defendant-Appellant.
2010 WL 3701349, N.Y.A.D. 1 Dept.,2010.,
Order, Supreme Court, New York County (Michael J. Obus, J.), entered April 8, 2009, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art. 6-C), unanimously affirmed, without costs. The court properly exercised its discretion in decl. . .
7. The PEOPLE of the State of New York, Respondent, v. Nathaniel SYVILLE, Defendant-Appellant.
2010 WL 3701368, N.Y.A.D. 1 Dept.,2010.,
Judgment of resentence, Supreme Court, New York County (William A. Wetzel, J.), rendered January 6, 2009, resentencing defendant to a term of 12 years, with 5 years' postrelease supervision, unanimously affirmed. The resentencing proceeding imposing a term of postrelease supervision was not barred. . .
8. The PEOPLE of the State of New York, Respondent, v. Manuel MACK, Defendant-Appellant.
2010 WL 3701371, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Renee A. White, J.), rendered June 30, 2009, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 5 years, unanimously affirmed. The court properly exercised its discretion in denying defendant yout. . .
9. The PEOPLE of the State of New York, Respondent, v. Gerard JOHNSON, Defendant-Appellant.
907 N.Y.S.2d 6, N.Y.A.D. 1 Dept.,2010.,
Affirmed. Background: Defendant was convicted, upon plea of guilty, in the Supreme Court, New York County, Lewis Bart Stone, J., of assault in the first degree as hate crime, and was sentenced to 17 years' imprisonment. Defendant appealed. Judgment, Supreme Court, New York County (Lewis Ba. . .
New York Law Journal: Decisions of Interest September 30, 2010
If you are already an online subscriber to this service you should be able to click on any of the links provided below, sign in, and access any of the decisions listed which interest you.
http://www.nylj.com
Subscription required for online access unless otherwise noted:
Thursday, September 30, 2010
U.S. Court of Appeals, Second Circuit
Business Law
Judge Exceeded Authority in Ordering Wiretaps Turned Over to SEC in Galleon Case
Securities and Exchange Commission v. Raj Rajaratnam, 10-462-cv
FREE WITH REGISTRATION
Supreme Court, Kings County, Part 10
Criminal Practice
Presence of Screwdriver With Defendant's Fingerprints at Crime Scene, Though Circumstantial, Sufficient for Case to Proceed
People v. Goodman, 605/10
FREE WITH REGISTRATION
U.S. Court of Appeals, Second Circuit
Civil Practice
Circuit Limits Foreign Reach of RICO in Case Involving Russian Oil Industry
Norex Petroleum v. Acess Industries, 07-4553-cv
FREE WITH REGISTRATION
U.S. Court Of Appeals, Second Circuit
Internet Law
Digital Music Download Not a Public Performance Under Copyright Law, But License Fees Must Be Recalculated
US v. American Society of Composers, Authors and Publishers, 09-0539-cv (L)
FREE WITH REGISTRATION
U.S. District Court, Southern District
Business Law
Suit Against Sallie Mae and Former CEO Continues, Former CFO Dismissed
In re: SLM Corp. Securities Litigation, 08 Civ. 1029 (WHP)
FREE WITH REGISTRATION
NEW YORK COUNTY
Contracts
Absent Express Provision, Cost of Fixing Pipes Ruled Responsibility of Landlord
Mini Mint Inc. v. Citigroup Inc.
NEW YORK COUNTY
Alternative Dispute Resolution
Architectural Firm Estopped from Refusing To Arbitrate Claims From Contract Nonparty
WYS Design Partnership Architects P.C. v. Board of Managers of the 285 Lafayette Street Condominium
NEW YORK COUNTY
Criminal Practice
Fraud Claims Survive Against Woman Who Deposited Plaintiff's Funds Into Her Account
Demry v. Wind
NEW YORK COUNTY
Torts
Fact Issue Exists as to Whether Premises Owner Had Notice of Stored Door Panels
Raccah v. Barbizon Hotel Associates L.P.
NEW YORK COUNTY
Legal Profession
Complaint Not Predicated on Law of the Case Doctrine May Rely on Bankruptcy Decision
Metropolitan Plaza WP LLC v. Goetz Fitzpatrick LLP
KINGS COUNTY
Civil Practice
Differences in Legal Theory, Relief Sought Do Not Create Separate Cause of Action
Peter Williams Enterprises Inc. v. NYS Urban Development Corp.
U.S. COURT OF APPEALS, SECOND CIRCUIT
Transportation
Carmack Amendment Found Inapplicable To Shipment Under Through Waybill
Mitsui Sumitomo Insurance Co. Ltd. v. Evergreen Marine Corp.
U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Transmitting Conviction Supported Even If Firm Not 'Domestic Financial Institution'
United States v. Mazza-Alaluf
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Prejudgment Interest on Quantum Meruit Claim Is Held Mandatory Under State Law
Stillman v. InService America Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Government
Timely Lawsuit Did Not Cure Untimely EEOC Challenge to Agency Decision on Bias Claims
Brundage v. U.S. Department of Veterans Affairs
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Court Rejects ERISA Claim That Pension Fund Wrongly Withheld Benefits From Estate
Rivera v. Sheet Metal Workers' National Pension Fund
http://www.nylj.com
Subscription required for online access unless otherwise noted:
Thursday, September 30, 2010
U.S. Court of Appeals, Second Circuit
Business Law
Judge Exceeded Authority in Ordering Wiretaps Turned Over to SEC in Galleon Case
Securities and Exchange Commission v. Raj Rajaratnam, 10-462-cv
FREE WITH REGISTRATION
Supreme Court, Kings County, Part 10
Criminal Practice
Presence of Screwdriver With Defendant's Fingerprints at Crime Scene, Though Circumstantial, Sufficient for Case to Proceed
People v. Goodman, 605/10
FREE WITH REGISTRATION
U.S. Court of Appeals, Second Circuit
Civil Practice
Circuit Limits Foreign Reach of RICO in Case Involving Russian Oil Industry
Norex Petroleum v. Acess Industries, 07-4553-cv
FREE WITH REGISTRATION
U.S. Court Of Appeals, Second Circuit
Internet Law
Digital Music Download Not a Public Performance Under Copyright Law, But License Fees Must Be Recalculated
US v. American Society of Composers, Authors and Publishers, 09-0539-cv (L)
FREE WITH REGISTRATION
U.S. District Court, Southern District
Business Law
Suit Against Sallie Mae and Former CEO Continues, Former CFO Dismissed
In re: SLM Corp. Securities Litigation, 08 Civ. 1029 (WHP)
FREE WITH REGISTRATION
NEW YORK COUNTY
Contracts
Absent Express Provision, Cost of Fixing Pipes Ruled Responsibility of Landlord
Mini Mint Inc. v. Citigroup Inc.
NEW YORK COUNTY
Alternative Dispute Resolution
Architectural Firm Estopped from Refusing To Arbitrate Claims From Contract Nonparty
WYS Design Partnership Architects P.C. v. Board of Managers of the 285 Lafayette Street Condominium
NEW YORK COUNTY
Criminal Practice
Fraud Claims Survive Against Woman Who Deposited Plaintiff's Funds Into Her Account
Demry v. Wind
NEW YORK COUNTY
Torts
Fact Issue Exists as to Whether Premises Owner Had Notice of Stored Door Panels
Raccah v. Barbizon Hotel Associates L.P.
NEW YORK COUNTY
Legal Profession
Complaint Not Predicated on Law of the Case Doctrine May Rely on Bankruptcy Decision
Metropolitan Plaza WP LLC v. Goetz Fitzpatrick LLP
KINGS COUNTY
Civil Practice
Differences in Legal Theory, Relief Sought Do Not Create Separate Cause of Action
Peter Williams Enterprises Inc. v. NYS Urban Development Corp.
U.S. COURT OF APPEALS, SECOND CIRCUIT
Transportation
Carmack Amendment Found Inapplicable To Shipment Under Through Waybill
Mitsui Sumitomo Insurance Co. Ltd. v. Evergreen Marine Corp.
U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Transmitting Conviction Supported Even If Firm Not 'Domestic Financial Institution'
United States v. Mazza-Alaluf
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Prejudgment Interest on Quantum Meruit Claim Is Held Mandatory Under State Law
Stillman v. InService America Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Government
Timely Lawsuit Did Not Cure Untimely EEOC Challenge to Agency Decision on Bias Claims
Brundage v. U.S. Department of Veterans Affairs
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Court Rejects ERISA Claim That Pension Fund Wrongly Withheld Benefits From Estate
Rivera v. Sheet Metal Workers' National Pension Fund
New York Law Journal: Lead Articles September 30, 2010
If you are already an online subscriber to the New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed.
http://www.nylj.com
Subscription required for online access unless otherwise noted:
Thursday, September 30, 2010
Panel Upsets Order Requiring Wiretap Turnover in SEC Case
FREE
'Apprentice' Contender Quits Brooklyn D.A.'s Office
DNA Alone Found Sufficient to Support Indictment
Republicans Place Lazio on Ballot for Bronx Supreme Court Seat
News In Brief
Circuit Finds Downloads Are Not Public Performances
Correction
http://www.nylj.com
Subscription required for online access unless otherwise noted:
Thursday, September 30, 2010
Panel Upsets Order Requiring Wiretap Turnover in SEC Case
FREE
'Apprentice' Contender Quits Brooklyn D.A.'s Office
DNA Alone Found Sufficient to Support Indictment
Republicans Place Lazio on Ballot for Bronx Supreme Court Seat
News In Brief
Circuit Finds Downloads Are Not Public Performances
Correction
LAW.COM Newswire Highlights September 30, 2010
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Subscription required for online access:
2nd Circuit Upsets Order Requiring Wiretap Turnover in SEC Case Against Galleon
New York Law Journal
A unanimous federal appeals panel has overturned an order requiring defendants in the sprawling Galleon securities fraud case to hand over to the SEC roughly 18,000 wiretapped conversations they had been given by prosecutors in a parallel criminal prosecution. The 2nd Circuit panel found a lower court judge had "clearly exceeded" his jurisdiction by ordering the conversations' disclosure "prior to any ruling on the legality of the wiretaps and without limiting the disclosure to relevant conversations."
Leahy Introduces Bill to Allow Retired Supreme Court Justices to Serve
The National Law Journal
Sen. Patrick Leahy, D-Vt., has put into writing a proposal he first discussed publicly in June: allowing a retired U.S. Supreme Court justice to hear a case when a sitting justice has recused. A big question has been how to decide which retired justice would serve during times when there is more than one retiree who is willing to serve. Skeptics have wondered whether litigants might be able to game any substitution. Leahy's bill would answer the question by handing the decision to the Court itself.
Business Groups Sue SEC Over New Proxy Rules
The National Law Journal
The U.S. Chamber of Commerce and the Business Roundtable filed suit against the Securities and Exchange Commission on Wednesday, objecting to new proxy access rules for nominating corporate directors. The groups assert that the rules impose unjustified costs and empower unions and other special interest shareholders at the expense of regular investors. The petitioners have asked the SEC to stay the Nov. 15 effective date of the rules pending conclusion of the litigation.
Chief Justice to Hear Pfizer Cases After Selling Company's Stock
The Associated Press
Chief Justice John Roberts has sold his shares of Pfizer Inc., a move that allows him to participate in two pending Supreme Court cases involving the pharmaceutical maker. In the past, Roberts has not taken part in cases involving Pfizer because he owned less than $15,000 of the company's stock. Supreme Court spokeswoman Kathy Arberg offered no explanation for Roberts' decision to sell the stock now, but it appears likely that Justice Elena Kagan's need to sit out the two cases played a role in Roberts' timing.
Senate Responds to High Court Ruling on 'Crush Videos'
The National Law Journal
The Senate on Tuesday passed legislation to address the First Amendment implications of banning animal "crush videos" -- a response to the U.S. Supreme Court ruling in April that struck down as overbroad the federal Depiction of Animal Cruelty Act of 1999. The high court majority suggested in its ruling that a narrower statute, one limited to crush videos, might pass constitutional muster. The legislation would criminalize the creation, sale, distribution, advertising, marketing and exchange of animal crush videos.
Former Law Firm Partner Charged With Bribing Senator
New Jersey Law Journal
A former partner at one of New Jersey's most prominent law firms is accused of paying $192,000 to a state senator in exchange for legislation and other favors intended to benefit the attorney's land-developer clients. An indictment announced this week charges that Eric Wisler, while a partner at DeCotiis, FitzPatrick & Cole, made regular payments from 2004 through 2006 to Sen. Wayne Bryant, D-Camden, in return for Bryant's influence in the Legislature.
Calif. Federal Judge in Gay Marriage Case to Return to Private Practice
The Recorder
Judge Vaughn Walker announced Wednesday he will step down as chief judge of the Northern District of California at the end of the year and will leave the court in February. After two decades on the federal bench, Walker said he wants to return to the private sector. That means if the landmark same-sex marriage case tried before him earlier this year is remanded, it would go to a different judge. The case, in which Walker found the state's gay-marriage ban unconstitutional, is set to be argued at the 9th Circuit in December.
'Apprentice' Contender Quits Brooklyn DA's Office
New York Law Journal
An assistant Brooklyn district attorney has tested whether participating in "the ultimate job interview" on Donald Trump's reality show "The Apprentice" is compatible with being a prosecutor. Apparently, it isn't. Mahsa Saeidi-Azcuy's decision to resign this week renders moot the question of whether District Attorney Charles J. Hynes would be compelled to borrow Trump's trademark tagline: "You're fired."
Calif. Supreme Court Says Inmate's Execution Can't Be Hurried
The Recorder
The California Supreme Court on Wednesday dealt the latest blow to the state's effort to execute a condemned inmate. The court unanimously refused to accommodate the state's timeline for executing Albert Greenwood Brown by suspending its own rules or speeding up its process for reviewing how the prison system adopted new execution regulations. The ruling comes after a federal judge stayed Brown's execution on different grounds.
Bill's Passage Boosts Chances for Settlement of 9/11 Cases
New York Law Journal
The odds of a $712.5 million settlement being approved by responders and cleanup workers at Ground Zero got a boost as the U.S. House of Representatives approved a bill setting aside $7.4 billion to provide compensation and free health care. The bill passed following changes that would ensure that police, firefighters and cleanup workers do not have to choose between the bill and a proposed settlement with New York City and its contractors who are insured through the federally funded World Trade Center Captive Insurance Co.
Fla. Grand Jury Won't Probe Complaint Over 'Taj Mahal' Courthouse
The Associated Press
A grand jury has decided against investigating a citizen's complaint about a $48 million appellate courthouse so opulent that critics are deriding it as a "Taj Mahal." The new home of the 1st District Court of Appeal in Tallahassee, Fla., has become a political football, with politicians blaming each other for approving a sprawling structure replete with a rotunda, dome and columns. Other features include private bathrooms with granite countertops for each of the 15 judges as well as big-screen televisions and kitchens.
80 Years Later, Capone Wins Freedom Again in Mock Trial
Daily Business Review
Miami attorneys, journalists and others -- all in snappy suspenders and fedoras, slick shoes and even slicker hair -- took part Tuesday in a re-enactment of a 1930 trial of notorious Prohibition-era gangster Al Capone, as part of the celebration of the 100th year of Miami-Dade Circuit Court. Judge Scott J. Silverman, who organized the retrial, said the original case was the product of an angry South Florida community eager to rid itself of the nation's biggest mobster -- and willing to illegally arrest him to do it.
India Shuts Out Foreign Law Firms
The American Lawyer
Only a few days after large foreign firms in Brazil received some troublesome news about their ability to operate in that country, many of those same firms got another dose of bad news, this time about their aspirations to gain a foothold in India. India's Ministry of Law and Justice issued two statements on behalf of The Bar Council of India stating that the regulatory body "has decided not to permit foreign lawyers into India."
Visit International News
GCs: Legal Directories Out, Online Searches In
Corporate Counsel
Google searches and online bios are replacing traditional legal directories when it comes to finding outside firms to hire, according to a panel of top legal officers gathered in Denver this summer. Lessons for law firms? Beef up online bios, diversity sells, and get a handle on tech.
Visit Legal Technology
Why No Big Law Reality Series?
Fulton County Daily Report
With all the legal dramas on TV, why aren't there any reality series starring attorneys? The Snark takes a shot at working up a concept for "Big Law Bites," but knows such a show is unlikely, noting, "Sometimes truth isn't stranger than fiction. It's just less interesting."
Visit lawjobs.com News & Views
The Careerist: When the Stay-Home Parent Wants to Go Back to Work
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. When the Stay-Home Parent Wants to Go Back to Work: A how-to guide Also Law School News: Pushy Mom; Spammed Prof, Spurned Students; Lit Prize Also So That's What Men Do!
© 2010 ALM Media Properties, LLC. All rights reserved.
Subscription required for online access:
2nd Circuit Upsets Order Requiring Wiretap Turnover in SEC Case Against Galleon
New York Law Journal
A unanimous federal appeals panel has overturned an order requiring defendants in the sprawling Galleon securities fraud case to hand over to the SEC roughly 18,000 wiretapped conversations they had been given by prosecutors in a parallel criminal prosecution. The 2nd Circuit panel found a lower court judge had "clearly exceeded" his jurisdiction by ordering the conversations' disclosure "prior to any ruling on the legality of the wiretaps and without limiting the disclosure to relevant conversations."
Leahy Introduces Bill to Allow Retired Supreme Court Justices to Serve
The National Law Journal
Sen. Patrick Leahy, D-Vt., has put into writing a proposal he first discussed publicly in June: allowing a retired U.S. Supreme Court justice to hear a case when a sitting justice has recused. A big question has been how to decide which retired justice would serve during times when there is more than one retiree who is willing to serve. Skeptics have wondered whether litigants might be able to game any substitution. Leahy's bill would answer the question by handing the decision to the Court itself.
Business Groups Sue SEC Over New Proxy Rules
The National Law Journal
The U.S. Chamber of Commerce and the Business Roundtable filed suit against the Securities and Exchange Commission on Wednesday, objecting to new proxy access rules for nominating corporate directors. The groups assert that the rules impose unjustified costs and empower unions and other special interest shareholders at the expense of regular investors. The petitioners have asked the SEC to stay the Nov. 15 effective date of the rules pending conclusion of the litigation.
Chief Justice to Hear Pfizer Cases After Selling Company's Stock
The Associated Press
Chief Justice John Roberts has sold his shares of Pfizer Inc., a move that allows him to participate in two pending Supreme Court cases involving the pharmaceutical maker. In the past, Roberts has not taken part in cases involving Pfizer because he owned less than $15,000 of the company's stock. Supreme Court spokeswoman Kathy Arberg offered no explanation for Roberts' decision to sell the stock now, but it appears likely that Justice Elena Kagan's need to sit out the two cases played a role in Roberts' timing.
Senate Responds to High Court Ruling on 'Crush Videos'
The National Law Journal
The Senate on Tuesday passed legislation to address the First Amendment implications of banning animal "crush videos" -- a response to the U.S. Supreme Court ruling in April that struck down as overbroad the federal Depiction of Animal Cruelty Act of 1999. The high court majority suggested in its ruling that a narrower statute, one limited to crush videos, might pass constitutional muster. The legislation would criminalize the creation, sale, distribution, advertising, marketing and exchange of animal crush videos.
Former Law Firm Partner Charged With Bribing Senator
New Jersey Law Journal
A former partner at one of New Jersey's most prominent law firms is accused of paying $192,000 to a state senator in exchange for legislation and other favors intended to benefit the attorney's land-developer clients. An indictment announced this week charges that Eric Wisler, while a partner at DeCotiis, FitzPatrick & Cole, made regular payments from 2004 through 2006 to Sen. Wayne Bryant, D-Camden, in return for Bryant's influence in the Legislature.
Calif. Federal Judge in Gay Marriage Case to Return to Private Practice
The Recorder
Judge Vaughn Walker announced Wednesday he will step down as chief judge of the Northern District of California at the end of the year and will leave the court in February. After two decades on the federal bench, Walker said he wants to return to the private sector. That means if the landmark same-sex marriage case tried before him earlier this year is remanded, it would go to a different judge. The case, in which Walker found the state's gay-marriage ban unconstitutional, is set to be argued at the 9th Circuit in December.
'Apprentice' Contender Quits Brooklyn DA's Office
New York Law Journal
An assistant Brooklyn district attorney has tested whether participating in "the ultimate job interview" on Donald Trump's reality show "The Apprentice" is compatible with being a prosecutor. Apparently, it isn't. Mahsa Saeidi-Azcuy's decision to resign this week renders moot the question of whether District Attorney Charles J. Hynes would be compelled to borrow Trump's trademark tagline: "You're fired."
Calif. Supreme Court Says Inmate's Execution Can't Be Hurried
The Recorder
The California Supreme Court on Wednesday dealt the latest blow to the state's effort to execute a condemned inmate. The court unanimously refused to accommodate the state's timeline for executing Albert Greenwood Brown by suspending its own rules or speeding up its process for reviewing how the prison system adopted new execution regulations. The ruling comes after a federal judge stayed Brown's execution on different grounds.
Bill's Passage Boosts Chances for Settlement of 9/11 Cases
New York Law Journal
The odds of a $712.5 million settlement being approved by responders and cleanup workers at Ground Zero got a boost as the U.S. House of Representatives approved a bill setting aside $7.4 billion to provide compensation and free health care. The bill passed following changes that would ensure that police, firefighters and cleanup workers do not have to choose between the bill and a proposed settlement with New York City and its contractors who are insured through the federally funded World Trade Center Captive Insurance Co.
Fla. Grand Jury Won't Probe Complaint Over 'Taj Mahal' Courthouse
The Associated Press
A grand jury has decided against investigating a citizen's complaint about a $48 million appellate courthouse so opulent that critics are deriding it as a "Taj Mahal." The new home of the 1st District Court of Appeal in Tallahassee, Fla., has become a political football, with politicians blaming each other for approving a sprawling structure replete with a rotunda, dome and columns. Other features include private bathrooms with granite countertops for each of the 15 judges as well as big-screen televisions and kitchens.
80 Years Later, Capone Wins Freedom Again in Mock Trial
Daily Business Review
Miami attorneys, journalists and others -- all in snappy suspenders and fedoras, slick shoes and even slicker hair -- took part Tuesday in a re-enactment of a 1930 trial of notorious Prohibition-era gangster Al Capone, as part of the celebration of the 100th year of Miami-Dade Circuit Court. Judge Scott J. Silverman, who organized the retrial, said the original case was the product of an angry South Florida community eager to rid itself of the nation's biggest mobster -- and willing to illegally arrest him to do it.
India Shuts Out Foreign Law Firms
The American Lawyer
Only a few days after large foreign firms in Brazil received some troublesome news about their ability to operate in that country, many of those same firms got another dose of bad news, this time about their aspirations to gain a foothold in India. India's Ministry of Law and Justice issued two statements on behalf of The Bar Council of India stating that the regulatory body "has decided not to permit foreign lawyers into India."
Visit International News
GCs: Legal Directories Out, Online Searches In
Corporate Counsel
Google searches and online bios are replacing traditional legal directories when it comes to finding outside firms to hire, according to a panel of top legal officers gathered in Denver this summer. Lessons for law firms? Beef up online bios, diversity sells, and get a handle on tech.
Visit Legal Technology
Why No Big Law Reality Series?
Fulton County Daily Report
With all the legal dramas on TV, why aren't there any reality series starring attorneys? The Snark takes a shot at working up a concept for "Big Law Bites," but knows such a show is unlikely, noting, "Sometimes truth isn't stranger than fiction. It's just less interesting."
Visit lawjobs.com News & Views
The Careerist: When the Stay-Home Parent Wants to Go Back to Work
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. When the Stay-Home Parent Wants to Go Back to Work: A how-to guide Also Law School News: Pushy Mom; Spammed Prof, Spurned Students; Lit Prize Also So That's What Men Do!
© 2010 ALM Media Properties, LLC. All rights reserved.
Wednesday, September 29, 2010
U.S. Supreme Court: Wednesday Roundup
The U.S.Supreme Court agrees to hear fourteen new cases and changes its policy on releasing audio recordings of oral arguments. Two new cases involving Anna Nicole Smith and a corporate right to privacy attract the most attention from the media and blogosphere.
From a September 29,2010 posting by Adam Chandler on Scotusblog
From a September 29,2010 posting by Adam Chandler on Scotusblog
Congressional Research Service (CRS) Reports Posted September 29, 2010*
Employee Stock Options: Tax Treatment and Tax Issues
Report No. RL31458
Subjects: Finance; Taxation
CRS Reports, 111th Congress (9/10/2010; Posted: 9/29/2010)
---------------------------------
The Budget Reconciliation Process: The Senate's 'Byrd Rule'
Report No. RL30862
Subjects: Budget; Congress
CRS Reports, 111th Congress (9/13/2010; Posted: 9/29/2010)
---------------------------------
Saving for College Through Qualified Tuition (Section 529) Programs
Report No. RL31214
Subjects: Education; Taxation
CRS Reports, 111th Congress (9/13/2010; Posted: 9/29/2010)
---------------------------------
Research and Experimentation Tax Credit: Current Status and Selected Issues for Congress
Report No. RL31181
Subjects: Science Policy; Taxation
CRS Reports, 111th Congress (9/10/2010; Posted: 9/29/2010)
---------------------------------
Retirement Benefits for Members of Congress
Report No. RL30631
Subjects: Congress; Pensions
CRS Reports, 111th Congress (9/14/2010; Posted: 9/29/2010)
---------------------------------
Deregulating Genetically Engineered Alfalfa and Sugar Beets: Legal and Administrative Responses
Report No. R41395
Subjects: Agriculture
CRS Reports, 111th Congress (9/10/2010; Posted: 9/29/2010)
---------------------------------
China and Proliferation of Weapons of Mass Destruction and Missiles: Policy Issues
Report No. RL31555
Subjects: China
CRS Reports, 111th Congress (9/13/2010; Posted: 9/29/2010)
---------------------------------
Unauthorized Alien Students: Issues and 'DREAM Act' Legislation
Report No. RL33863
Subjects: Education; Immigration
CRS Reports, 111th Congress (9/15/2010; Posted: 9/29/2010)
---------------------------------
Food Safety on the Farm: Federal Programs and Legislative Action
Report No. RL34612
Subjects: Agriculture; Food; Health Policy
CRS Reports, 111th Congress (9/16/2010; Posted: 9/29/2010)
---------------------------------
The Earned Income Tax Credit (EITC): An Overview
Report No. RL31768
Subjects: Taxation
CRS Reports, 111th Congress (9/17/2010; Posted: 9/29/2010)
---------------------------------
Supreme Court Appellate Jurisdiction Over Military Court Cases
Report No. RL34697
Subjects: Law; Defense Policy
CRS Reports, 111th Congress (9/14/2010; Posted: 9/29/2010)
---------------------------------
The Statutory Pay-As-You-Go Act of 2010: Summary and Legislative History
Report No. R41157
Subjects: Budget
CRS Reports, 111th Congress (9/13/2010; Posted: 9/29/2010)
---------------------------------
Small Business Expensing Allowance: Current Status, Legislative Proposals, and Economic Effects
Report No. RL31852
Subjects: Business; Taxation
CRS Reports, 111th Congress (9/15/2010; Posted: 9/29/2010)
---------------------------------
Small Business Administration 7(a) Loan Guaranty Program
Report No. R41146
Subjects: Business
CRS Reports, 111th Congress (9/17/2010; Posted: 9/29/2010)
---------------------------------
Entering the Executive Branch of Government: Potential Conflicts of Interest With Previous Employments and Affiliations
Report No. RL31822
Subjects: Civil Service; Executive Branch Depts.; Government Employees
CRS Reports, 111th Congress (9/14/2010; Posted: 9/29/2010)
---------------------------------
Small Business Legislation: H.R. 3854 and H.R. 5297
Report No. R41385
Subjects: Business
CRS Reports, 111th Congress (9/17/2010; Posted: 9/29/2010)
---------------------------------
Distribution of Broadband Stimulus Grants and Loans: Applications and Awards
Report No. R41164
Subjects: Rural Affairs; Telecommunications
CRS Reports, 111th Congress (9/9/2010; Posted: 9/29/2010)
---------------------------------
Appropriations and Fund Transfers in the Patient Protection and Affordable Care Act (PPACA)
Report No. R41301
Subjects: Budget; Health Policy
CRS Reports, 111th Congress (9/13/2010; Posted: 9/29/2010)
---------------------------------
The Americans with Disabilities Act (ADA): Final Rule Amending Title II and Title III Regulations
Report No. R41376
Subjects: Disabled Persons
CRS Reports, 111th Congress (9/16/2010; Posted: 9/29/2010)
---------------------------------
Small Business Administration HUBZone Program
Report No. R41268
Subjects: Business
CRS Reports, 111th Congress (9/17/2010; Posted: 9/29/2010
___________________
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.
Report No. RL31458
Subjects: Finance; Taxation
CRS Reports, 111th Congress (9/10/2010; Posted: 9/29/2010)
---------------------------------
The Budget Reconciliation Process: The Senate's 'Byrd Rule'
Report No. RL30862
Subjects: Budget; Congress
CRS Reports, 111th Congress (9/13/2010; Posted: 9/29/2010)
---------------------------------
Saving for College Through Qualified Tuition (Section 529) Programs
Report No. RL31214
Subjects: Education; Taxation
CRS Reports, 111th Congress (9/13/2010; Posted: 9/29/2010)
---------------------------------
Research and Experimentation Tax Credit: Current Status and Selected Issues for Congress
Report No. RL31181
Subjects: Science Policy; Taxation
CRS Reports, 111th Congress (9/10/2010; Posted: 9/29/2010)
---------------------------------
Retirement Benefits for Members of Congress
Report No. RL30631
Subjects: Congress; Pensions
CRS Reports, 111th Congress (9/14/2010; Posted: 9/29/2010)
---------------------------------
Deregulating Genetically Engineered Alfalfa and Sugar Beets: Legal and Administrative Responses
Report No. R41395
Subjects: Agriculture
CRS Reports, 111th Congress (9/10/2010; Posted: 9/29/2010)
---------------------------------
China and Proliferation of Weapons of Mass Destruction and Missiles: Policy Issues
Report No. RL31555
Subjects: China
CRS Reports, 111th Congress (9/13/2010; Posted: 9/29/2010)
---------------------------------
Unauthorized Alien Students: Issues and 'DREAM Act' Legislation
Report No. RL33863
Subjects: Education; Immigration
CRS Reports, 111th Congress (9/15/2010; Posted: 9/29/2010)
---------------------------------
Food Safety on the Farm: Federal Programs and Legislative Action
Report No. RL34612
Subjects: Agriculture; Food; Health Policy
CRS Reports, 111th Congress (9/16/2010; Posted: 9/29/2010)
---------------------------------
The Earned Income Tax Credit (EITC): An Overview
Report No. RL31768
Subjects: Taxation
CRS Reports, 111th Congress (9/17/2010; Posted: 9/29/2010)
---------------------------------
Supreme Court Appellate Jurisdiction Over Military Court Cases
Report No. RL34697
Subjects: Law; Defense Policy
CRS Reports, 111th Congress (9/14/2010; Posted: 9/29/2010)
---------------------------------
The Statutory Pay-As-You-Go Act of 2010: Summary and Legislative History
Report No. R41157
Subjects: Budget
CRS Reports, 111th Congress (9/13/2010; Posted: 9/29/2010)
---------------------------------
Small Business Expensing Allowance: Current Status, Legislative Proposals, and Economic Effects
Report No. RL31852
Subjects: Business; Taxation
CRS Reports, 111th Congress (9/15/2010; Posted: 9/29/2010)
---------------------------------
Small Business Administration 7(a) Loan Guaranty Program
Report No. R41146
Subjects: Business
CRS Reports, 111th Congress (9/17/2010; Posted: 9/29/2010)
---------------------------------
Entering the Executive Branch of Government: Potential Conflicts of Interest With Previous Employments and Affiliations
Report No. RL31822
Subjects: Civil Service; Executive Branch Depts.; Government Employees
CRS Reports, 111th Congress (9/14/2010; Posted: 9/29/2010)
---------------------------------
Small Business Legislation: H.R. 3854 and H.R. 5297
Report No. R41385
Subjects: Business
CRS Reports, 111th Congress (9/17/2010; Posted: 9/29/2010)
---------------------------------
Distribution of Broadband Stimulus Grants and Loans: Applications and Awards
Report No. R41164
Subjects: Rural Affairs; Telecommunications
CRS Reports, 111th Congress (9/9/2010; Posted: 9/29/2010)
---------------------------------
Appropriations and Fund Transfers in the Patient Protection and Affordable Care Act (PPACA)
Report No. R41301
Subjects: Budget; Health Policy
CRS Reports, 111th Congress (9/13/2010; Posted: 9/29/2010)
---------------------------------
The Americans with Disabilities Act (ADA): Final Rule Amending Title II and Title III Regulations
Report No. R41376
Subjects: Disabled Persons
CRS Reports, 111th Congress (9/16/2010; Posted: 9/29/2010)
---------------------------------
Small Business Administration HUBZone Program
Report No. R41268
Subjects: Business
CRS Reports, 111th Congress (9/17/2010; Posted: 9/29/2010
___________________
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.
New York Appellate Criminal Cases Originating from New York Supreme Court NY County
In order to comply with subscription agreements you will need to use your own Westlaw password to view the full text of cases listed below:
September 29, 2010
1. The PEOPLE of the State of New York, Respondent, v. Cecille VILLACORTA, Defendant-Appellant.
2010 WL 3744061, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered July 6, 2009, convicting defendant, after a jury trial, of grand larceny in the third degree and 144 counts of falsifying business records in the first degree, and sentencing her to concurrent terms of 90 days, with 5 years' prob. . .
2. The People of the State of New York, Respondent, v. Scott Liden, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept.,2010., 3256
_________________________ Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered on or about April 25, 2007, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738 1967; People v. Saunders, 52 A.D.2d 83. . .
3. The PEOPLE of the State of New York, Respondent, v. Anthony CAPONIGRO, Defendant-Appellant.
2010 WL 3744364, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Budd G. Goodman, J. at suppression hearing; Bonnie G. Wittner, J. at jury trial and sentence), rendered February 28, 2006, convicting defendant of attempted assault in the first degree and criminal possession of a weapon in the second and third degrees, and . . .
4. The People of the State of New York, Respondent, v. Rafael Valentin, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept.,2010., 3259
_________________________ Order, Supreme Court, New York County (Daniel FitzGerald, J.), entered on or about October 31, 2008, which, adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs. The co. . .
5. The People of the State of New York, Respondent, v. Heath Edmead, Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept.,2010., 3261
_________________________ An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Renee White, J.), rendered on or about January 21, 2009, And said appeal having been argued by counsel for the respective parties; and due deli. . .
6. The People of the State of New York, Respondent, v. Marlon Elliott, etc., Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept.,2010., 3262
_________________________ _______________________ Steven Banks, The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Malancha Chanda of counsel), for respondent.
7. The People of the State of New York, Respondent, v. Livingston Clark, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept.,2010., 3265
_________________________ Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered February 11, 2009, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of 5 years, unanimously affirmed. The verdi. . .
8. The People of the State of New York, Respondent, v. Abdul Beyah also known as Donald Williams, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept.,2010., 3266
_________________________ Order, Supreme Court, New York County (Daniel Conviser, J.), entered on or about April 9, 2009, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art 6-c), unanimously affirmed, without costs. Since defendant . . .
September 29, 2010
1. The PEOPLE of the State of New York, Respondent, v. Cecille VILLACORTA, Defendant-Appellant.
2010 WL 3744061, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered July 6, 2009, convicting defendant, after a jury trial, of grand larceny in the third degree and 144 counts of falsifying business records in the first degree, and sentencing her to concurrent terms of 90 days, with 5 years' prob. . .
2. The People of the State of New York, Respondent, v. Scott Liden, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept.,2010., 3256
_________________________ Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered on or about April 25, 2007, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738 1967; People v. Saunders, 52 A.D.2d 83. . .
3. The PEOPLE of the State of New York, Respondent, v. Anthony CAPONIGRO, Defendant-Appellant.
2010 WL 3744364, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Budd G. Goodman, J. at suppression hearing; Bonnie G. Wittner, J. at jury trial and sentence), rendered February 28, 2006, convicting defendant of attempted assault in the first degree and criminal possession of a weapon in the second and third degrees, and . . .
4. The People of the State of New York, Respondent, v. Rafael Valentin, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept.,2010., 3259
_________________________ Order, Supreme Court, New York County (Daniel FitzGerald, J.), entered on or about October 31, 2008, which, adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs. The co. . .
5. The People of the State of New York, Respondent, v. Heath Edmead, Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept.,2010., 3261
_________________________ An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Renee White, J.), rendered on or about January 21, 2009, And said appeal having been argued by counsel for the respective parties; and due deli. . .
6. The People of the State of New York, Respondent, v. Marlon Elliott, etc., Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept.,2010., 3262
_________________________ _______________________ Steven Banks, The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Malancha Chanda of counsel), for respondent.
7. The People of the State of New York, Respondent, v. Livingston Clark, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept.,2010., 3265
_________________________ Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered February 11, 2009, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of 5 years, unanimously affirmed. The verdi. . .
8. The People of the State of New York, Respondent, v. Abdul Beyah also known as Donald Williams, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept.,2010., 3266
_________________________ Order, Supreme Court, New York County (Daniel Conviser, J.), entered on or about April 9, 2009, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art 6-c), unanimously affirmed, without costs. Since defendant . . .
New York Law Journal: Decisions of Interest September 29, 2010
If you are already an online subscriber to this New York Law Journal service you should be able to click on any of the links provided below, sign in, and access any of the decisions listed which interest you.
http://www.nylj.com
Subscription required for online access unless otherwise noted:
Wednesday, September 29, 2010
Supreme Court, Kings County
Criminal Practice
Grand Jury Testimony Allowed In Domestic Violence Case
People v. Darrell Smith, 9235/09 Free with registration.
District Court, Southern District
Business Law
Subprime Securities Case Proceeds Against AIG
In re American International Group, 08 Civ. 4772 Free with registration.
NEW YORK COUNTY
Administrative Law
Recommendation to Deny Injured Officer's Applications for Disability Found Proper
Ortiz v. Kelly
NEW YORK COUNTY
Legal Profession
No Attorney-Client Relationship Found Between Lawyer, Outside Counsel
Gordon v. SkyLink Aviation Inc.
NEW YORK COUNTY
Criminal Practice
RICO Claims Survive Against Employees Of City's Homeless Services Department
Mione v. NYC Department of Homeless Services
KINGS COUNTY
Real Property
Former Property Owner Cannot Rely On Easement to Establish Ownership
Peter Williams Enterprises Inc. v. New York State Urban Development Corp.
QUEENS COUNTY
Health Law
Not Ready for Release, Mentally Ill Defendant Ruled Not Suffering From Dangerous Disorder
People v. D.W.H.
RICHMOND COUNTY
Contracts
Obligations Under Finance Lease Become Irrevocable on Acceptance of Equipment
Direct Capital Corporation v. Osunbayo
APPELLATE DIVISION
SECOND DEPARTMENT
Torts
Mislaid Crowbar Ruled Trip Hazard; Hurt Worker Not Proven a 'Special Employee'
Slikas v. Cyclone Realty LLC
U.S. COURT OF APPEALS, SECOND CIRCUIT
Civil Practice
Aid Recipient Can Assert Minimum Wage Challenge to Lottery Proceeds' Interception
Carver v. City of New York
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Banking
Banks Denied Use of 'Intended Payee Defense' In Suit to Recover Checks' $85,000 Proceeds
Roberts v. Wachovia Bank N.A.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts
Dismissal of Bulgarian Firm's Breach Action Against Iraq as Untimely Not Reconsidered
Bulgartabac Holding AD v. Republic of Iraq
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
1942 'Rear Window' Story Ruled Not Infringed by 2007 Film 'Disturbia'
The Sheldon Abend Revocable Trust v. Spielberg
http://www.nylj.com
Subscription required for online access unless otherwise noted:
Wednesday, September 29, 2010
Supreme Court, Kings County
Criminal Practice
Grand Jury Testimony Allowed In Domestic Violence Case
People v. Darrell Smith, 9235/09 Free with registration.
District Court, Southern District
Business Law
Subprime Securities Case Proceeds Against AIG
In re American International Group, 08 Civ. 4772 Free with registration.
NEW YORK COUNTY
Administrative Law
Recommendation to Deny Injured Officer's Applications for Disability Found Proper
Ortiz v. Kelly
NEW YORK COUNTY
Legal Profession
No Attorney-Client Relationship Found Between Lawyer, Outside Counsel
Gordon v. SkyLink Aviation Inc.
NEW YORK COUNTY
Criminal Practice
RICO Claims Survive Against Employees Of City's Homeless Services Department
Mione v. NYC Department of Homeless Services
KINGS COUNTY
Real Property
Former Property Owner Cannot Rely On Easement to Establish Ownership
Peter Williams Enterprises Inc. v. New York State Urban Development Corp.
QUEENS COUNTY
Health Law
Not Ready for Release, Mentally Ill Defendant Ruled Not Suffering From Dangerous Disorder
People v. D.W.H.
RICHMOND COUNTY
Contracts
Obligations Under Finance Lease Become Irrevocable on Acceptance of Equipment
Direct Capital Corporation v. Osunbayo
APPELLATE DIVISION
SECOND DEPARTMENT
Torts
Mislaid Crowbar Ruled Trip Hazard; Hurt Worker Not Proven a 'Special Employee'
Slikas v. Cyclone Realty LLC
U.S. COURT OF APPEALS, SECOND CIRCUIT
Civil Practice
Aid Recipient Can Assert Minimum Wage Challenge to Lottery Proceeds' Interception
Carver v. City of New York
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Banking
Banks Denied Use of 'Intended Payee Defense' In Suit to Recover Checks' $85,000 Proceeds
Roberts v. Wachovia Bank N.A.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts
Dismissal of Bulgarian Firm's Breach Action Against Iraq as Untimely Not Reconsidered
Bulgartabac Holding AD v. Republic of Iraq
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
1942 'Rear Window' Story Ruled Not Infringed by 2007 Film 'Disturbia'
The Sheldon Abend Revocable Trust v. Spielberg
New York Law Journal: Lead Articles September 29, 2010
If you are already an online subscriber to the New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed.
http://www.nylj.com
Subscription required for online access unless otherwise noted:
Wednesday, September 29, 2010
Akin Gump, Orrick Explore Merger
Free
Judge to Query Jurors in Trial of Accused al-Qaida Bomber
Court Throws Out Civil Rights Lawsuit Filed After Dismissal of 'Cybersex Torture' Charges
First Department Kicks Off Hearings on Civil Legal Services for Poor Free
News In Brief
http://www.nylj.com
Subscription required for online access unless otherwise noted:
Wednesday, September 29, 2010
Akin Gump, Orrick Explore Merger
Free
Judge to Query Jurors in Trial of Accused al-Qaida Bomber
Court Throws Out Civil Rights Lawsuit Filed After Dismissal of 'Cybersex Torture' Charges
First Department Kicks Off Hearings on Civil Legal Services for Poor Free
News In Brief
LAW.COM Newswire Highlights September 29, 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 to stories listed below:
Akin Gump, Orrick Explore Merger Possibility
New York Law Journal
Orrick, Herrington & Sutcliffe and Akin Gump Strauss Hauer & Feld confirmed Tuesday that they are engaged in "preliminary discussions" about the possibility of combining, potentially reshaping the legal landscape by creating a more than 1,800-lawyer firm with revenues of more than $1.5 billion. News of the potential deal comes amid renewed interest in mergers among the United States' law firms, with activity picking up after a drop-off in the recession.
Flat Demand, Price Pressures Behind Ominous Legal Jobs Forecast, Says Hildebrandt
The American Lawyer
An analysis of the legal job market by Hildebrandt Baker Robbins shows that nearly 27 percent of the 65,000 non-partner positions at Am Law 200 firms could be cut or recategorized as lower-paying positions over the next five to seven years. According to Hildebrandt managing director Lisa Smith, roughly 17,500 jobs could disappear within that time frame. As Smith sees it, what's happening in the legal industry is a microcosm of the overall economic picture.
Scores of Lawyers Apply for Lead Counsel in BP Litigation
The National Law Journal
More than 100 lawyers who are suing BP over the Deepwater Horizon oil spill have applied for coveted places on the committee that will lead the multidistrict litigation, citing either the extensive work they've already done or the unique role they would fill as the representative of a specific group of alleged victims. The plaintiffs' steering committee will conduct discovery, decide which motions to file and pocket the largest attorney fees in what stands to become one of the largest mass torts in history.
Supreme Court Grants 14 New Cases, With Kagan Recused in 4
The National Law Journal
The Supreme Court on Tuesday granted review in 14 new cases to be argued in its new term. The order list is the product of the Court's so-called "long conference" Monday at which, in private, it considered the thousands of petitions that have piled up during the summer recess. The list also indicated that Justice Elena Kagan has decided to recuse in four of the new cases, which makes for a total of 25 cases out of the 54 the Court has granted review so far in which Kagan will not participate.
Texas Law Professor Encounters Campus Gunman
Texas Lawyer
Tuesday was not a typical morning for Randall B. Wilhite, an adjunct professor at the University of Texas School of Law. As the Fullenweider Wilhite shareholder drove to the school, he heard "a loud burst of noise" and saw a man, wearing a ski mask and carrying what appeared to be an assault rifle, run in front of his car and fire several shots to the left of his vehicle. Authorities later confirmed that the gunman fatally shot himself.
Supreme Court Will Release Argument Audio on Delayed Basis
The National Law Journal
The Supreme Court announced Tuesday that, starting next week, it will post the audio of all its oral arguments on the Friday after they occur. Since the Court only hears arguments on Mondays, Tuesdays and Wednesdays, that means the release will be several days after the fact, making it of little use for contemporary reports by the news media. The justices have been under pressure from Congress in recent years to allow video and audio access to the Court's proceedings.
W.Va. Justice Reverses Self, Recuses in Malpractice Case
The National Law Journal
West Virginia Supreme Court of Appeals Judge Menis Ketchum has reversed course and decided to recuse himself in a pending case on damage caps in malpractice cases, an issue on which he had taken a stand during his election campaign. A plaintiffs lawyer filed a motion for recusal last week after reading media reports that, during the 2008 election, Ketchum had said of the Medical Professional Liability Act, "I will not vote to overturn it. I will not vote to change it. I will not vote to modify it."
Court Ponders Whether 'Thumbs Up' Is an Overt Act for Conspiracy Purposes
New Jersey Law Journal
The New Jersey Supreme Court on Monday set out to determine whether a "thumbs up" and an encouraging word between co-defendants can amount to an overt act in furtherance of a continuing criminal conspiracy, and whether those out-of-court communications can be admitted into evidence. The appeals panel had cited the court decision that found Army Specialist Sabrina Harman's thumbs-up gestures in photographs with Abu Ghraib detainees signaled approval and encouragement to her co-conspirators.
Federal Judge Blocks Calif. Execution
The Associated Press
A federal judge on Tuesday blocked what would have been California's first execution in nearly five years. Judge Jeremy Fogel canceled the execution of rapist-murderer Albert Greenwood Brown after the 9th Circuit ordered him to reconsider his decision using different legal standards. Fogel said he halted the execution because he didn't have enough time to decide the weighty constitutional issues Brown raised before his scheduled execution at 9 p.m. Thursday.
Juvenile Detention Facility's Insurer Has No Duty to Defend 'Kids-for-Cash' Suits, Says Judge
The Legal Intelligencer
Gregory Zappala, owner of the juvenile detention facility at the heart of Pennsylvania's "kids-for-cash" scandal, suffered a setback this week when a federal judge ruled his insurer has no duty to defend him in a spate of civil suits. Prosecutors have never charged Zappala with any wrongdoing, but the civil suits allege he was part of a RICO conspiracy and was aware kickbacks were being paid by his former partner to judges in order to guarantee youths would be sent to a facility owned by Zappala's company.
Brazilian Bar Concludes Foreign Law Firm Alliances Break Rules
The American Lawyer
The legal market in Brazil has been particularly active in recent months, with firms like Milbank and Gibson Dunn announcing they were opening Brazilian offices. But a recent ethical and disciplinary panel opinion of the Sao Paulo Bar illustrates the mounting tension over the influx of foreign firms into one of the world's fastest-growing economies. Although only advisory, the opinion indicates where a more formal ruling might fall if a case were brought against major U.S. firms operating in Brazil in alliance with local firms.
Visit International News
The Role of Social Media in Sentencing Advocacy
New York Law Journal
Embarrassing Facebook photos and regrettable MySpace statements are starting to become commonplace in pre-sentencing reports and disposition hearings. But attorney Ken Strutin also sees potential in these sites to generate mitigating evidence for the defense to present at sentencing.
Visit Legal Technology
Commentary: What Makes Satisfied Lawyers Tick?
The American Lawyer
What makes satisfied attorneys tick and what can be done to increase their ranks? That's the question presented by Steven Harper, adjunct professor at Northwestern University and a recently retired partner from Kirkland & Ellis. Does it help for large firms to resist an MBA mentality?
Visit lawjobs.com News & Views
The Careerist: Law School News About Pushy Mom, Spammed Prof, Spurned Students
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Law School News: Pushy Mom; Spammed Prof, Spurned Students; Lit Prize Also So That's What Men Do! Also My Date With Speed Mentors
Visit The Careerist
10 Items for Your Law Firm Marketing 'To-Do' List
The Legal Intelligencer
Like clockwork every fall -- once the summer ends and kids go back to school -- consultant Stacy West Clark's phone starts ringing with calls from law firms that see a long fall and winter ahead and are re-energized to rev up their business development activities. So, Clark has created a fall marketing "to-do" list of things to get firms going. Among the items Clark suggests: Audit the experience of being a client, put together a public record of your accomplishments and mandate that associates get involved.
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.
Subscription required for online access to stories listed below:
Akin Gump, Orrick Explore Merger Possibility
New York Law Journal
Orrick, Herrington & Sutcliffe and Akin Gump Strauss Hauer & Feld confirmed Tuesday that they are engaged in "preliminary discussions" about the possibility of combining, potentially reshaping the legal landscape by creating a more than 1,800-lawyer firm with revenues of more than $1.5 billion. News of the potential deal comes amid renewed interest in mergers among the United States' law firms, with activity picking up after a drop-off in the recession.
Flat Demand, Price Pressures Behind Ominous Legal Jobs Forecast, Says Hildebrandt
The American Lawyer
An analysis of the legal job market by Hildebrandt Baker Robbins shows that nearly 27 percent of the 65,000 non-partner positions at Am Law 200 firms could be cut or recategorized as lower-paying positions over the next five to seven years. According to Hildebrandt managing director Lisa Smith, roughly 17,500 jobs could disappear within that time frame. As Smith sees it, what's happening in the legal industry is a microcosm of the overall economic picture.
Scores of Lawyers Apply for Lead Counsel in BP Litigation
The National Law Journal
More than 100 lawyers who are suing BP over the Deepwater Horizon oil spill have applied for coveted places on the committee that will lead the multidistrict litigation, citing either the extensive work they've already done or the unique role they would fill as the representative of a specific group of alleged victims. The plaintiffs' steering committee will conduct discovery, decide which motions to file and pocket the largest attorney fees in what stands to become one of the largest mass torts in history.
Supreme Court Grants 14 New Cases, With Kagan Recused in 4
The National Law Journal
The Supreme Court on Tuesday granted review in 14 new cases to be argued in its new term. The order list is the product of the Court's so-called "long conference" Monday at which, in private, it considered the thousands of petitions that have piled up during the summer recess. The list also indicated that Justice Elena Kagan has decided to recuse in four of the new cases, which makes for a total of 25 cases out of the 54 the Court has granted review so far in which Kagan will not participate.
Texas Law Professor Encounters Campus Gunman
Texas Lawyer
Tuesday was not a typical morning for Randall B. Wilhite, an adjunct professor at the University of Texas School of Law. As the Fullenweider Wilhite shareholder drove to the school, he heard "a loud burst of noise" and saw a man, wearing a ski mask and carrying what appeared to be an assault rifle, run in front of his car and fire several shots to the left of his vehicle. Authorities later confirmed that the gunman fatally shot himself.
Supreme Court Will Release Argument Audio on Delayed Basis
The National Law Journal
The Supreme Court announced Tuesday that, starting next week, it will post the audio of all its oral arguments on the Friday after they occur. Since the Court only hears arguments on Mondays, Tuesdays and Wednesdays, that means the release will be several days after the fact, making it of little use for contemporary reports by the news media. The justices have been under pressure from Congress in recent years to allow video and audio access to the Court's proceedings.
W.Va. Justice Reverses Self, Recuses in Malpractice Case
The National Law Journal
West Virginia Supreme Court of Appeals Judge Menis Ketchum has reversed course and decided to recuse himself in a pending case on damage caps in malpractice cases, an issue on which he had taken a stand during his election campaign. A plaintiffs lawyer filed a motion for recusal last week after reading media reports that, during the 2008 election, Ketchum had said of the Medical Professional Liability Act, "I will not vote to overturn it. I will not vote to change it. I will not vote to modify it."
Court Ponders Whether 'Thumbs Up' Is an Overt Act for Conspiracy Purposes
New Jersey Law Journal
The New Jersey Supreme Court on Monday set out to determine whether a "thumbs up" and an encouraging word between co-defendants can amount to an overt act in furtherance of a continuing criminal conspiracy, and whether those out-of-court communications can be admitted into evidence. The appeals panel had cited the court decision that found Army Specialist Sabrina Harman's thumbs-up gestures in photographs with Abu Ghraib detainees signaled approval and encouragement to her co-conspirators.
Federal Judge Blocks Calif. Execution
The Associated Press
A federal judge on Tuesday blocked what would have been California's first execution in nearly five years. Judge Jeremy Fogel canceled the execution of rapist-murderer Albert Greenwood Brown after the 9th Circuit ordered him to reconsider his decision using different legal standards. Fogel said he halted the execution because he didn't have enough time to decide the weighty constitutional issues Brown raised before his scheduled execution at 9 p.m. Thursday.
Juvenile Detention Facility's Insurer Has No Duty to Defend 'Kids-for-Cash' Suits, Says Judge
The Legal Intelligencer
Gregory Zappala, owner of the juvenile detention facility at the heart of Pennsylvania's "kids-for-cash" scandal, suffered a setback this week when a federal judge ruled his insurer has no duty to defend him in a spate of civil suits. Prosecutors have never charged Zappala with any wrongdoing, but the civil suits allege he was part of a RICO conspiracy and was aware kickbacks were being paid by his former partner to judges in order to guarantee youths would be sent to a facility owned by Zappala's company.
Brazilian Bar Concludes Foreign Law Firm Alliances Break Rules
The American Lawyer
The legal market in Brazil has been particularly active in recent months, with firms like Milbank and Gibson Dunn announcing they were opening Brazilian offices. But a recent ethical and disciplinary panel opinion of the Sao Paulo Bar illustrates the mounting tension over the influx of foreign firms into one of the world's fastest-growing economies. Although only advisory, the opinion indicates where a more formal ruling might fall if a case were brought against major U.S. firms operating in Brazil in alliance with local firms.
Visit International News
The Role of Social Media in Sentencing Advocacy
New York Law Journal
Embarrassing Facebook photos and regrettable MySpace statements are starting to become commonplace in pre-sentencing reports and disposition hearings. But attorney Ken Strutin also sees potential in these sites to generate mitigating evidence for the defense to present at sentencing.
Visit Legal Technology
Commentary: What Makes Satisfied Lawyers Tick?
The American Lawyer
What makes satisfied attorneys tick and what can be done to increase their ranks? That's the question presented by Steven Harper, adjunct professor at Northwestern University and a recently retired partner from Kirkland & Ellis. Does it help for large firms to resist an MBA mentality?
Visit lawjobs.com News & Views
The Careerist: Law School News About Pushy Mom, Spammed Prof, Spurned Students
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Law School News: Pushy Mom; Spammed Prof, Spurned Students; Lit Prize Also So That's What Men Do! Also My Date With Speed Mentors
Visit The Careerist
10 Items for Your Law Firm Marketing 'To-Do' List
The Legal Intelligencer
Like clockwork every fall -- once the summer ends and kids go back to school -- consultant Stacy West Clark's phone starts ringing with calls from law firms that see a long fall and winter ahead and are re-energized to rev up their business development activities. So, Clark has created a fall marketing "to-do" list of things to get firms going. Among the items Clark suggests: Audit the experience of being a client, put together a public record of your accomplishments and mandate that associates get involved.
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.
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