October 7, 2010.
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:
1. The PEOPLE of the State of New York, Respondent, v. D'Juan COLLINS, Defendant-Appellant.
2010 WL 3853360, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Rena K. Uviller, J. at hearings and waiver of counsel; Lewis Bart Stone, J. at jury trial and sentence), rendered August 15, 2008, convicting defendant of criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a . . .
2. The PEOPLE of the State of New York, Respondent, v. Kerry JORDAN, Defendant-Appellant.
2010 WL 3853371, N.Y.A.D. 1 Dept.,2010.,
Judgments, Supreme Court, New York County (Bruce Allen, J.), rendered May 19, 2008, convicting defendant, after a nonjury trial, of aggravated criminal contempt, criminal contempt in the first degree (five counts), assault in the third degree and criminal mischief in the fourth degree and sentencing. . .
3. The PEOPLE of the State of New York, Respondent, v. Nouchie VELLON, 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 (Gregory Carro, J.), rendered on or about October 14, 2008,And said appeal having been argued by counsel for the respective parties; and due deliberation having been had there. . .
4. The PEOPLE of the State of New York, Respondent, v. Donnella WHITE, Defendant-Appellant.
2010 WL 3854438, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Arlene R. Silverman, J. at hearing; Bruce Allen, J. at jury trial and sentence), rendered April 20, 2009, convicting defendant of grand larceny in the third degree and two counts of offering a false instrument for filing, and sentencing her to an aggregate t. . .
Friday, October 08, 2010
New York Appellate Criminal Cases Originating from the New York Supreme Court NY Count
October 8, 2010
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:
1. The People of the State of New York, Respondent, v. Greg Cantoni, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3306
_________________________ Judgment, Supreme Court, New York County (Gregory Carro, J. at request for new counsel; Daniel Conviser, J. at jury trial and sentence), rendered August 18, 2009, convicting defendant of criminal possession of stolen property in the fourth degree (two counts), criminal p. .
2. The People of the State of New York, Respondent, v. James Quinn, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3308
_________________________ _______________________ Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Lindsey M. Kneipper of counsel), for respondent. . . .
3. The People of the State of New York, Respondent, v. Rafael Rodriguez, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3311- 3312
_________________________ Judgment, Supreme Court, New York County (William A. Wetzel, J. at suppression motion; Michael R. Ambrecht, J. at trial and sentence), rendered December 14, 2007, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the first degree and. . .
4. The People of the State of New York, Respondent, v. Edward Wright, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3316
_________________________ Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered on or about May 15, 2008, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738 1967; People v. Saunders, 52 A.D.2d 833 . .
5. The People of the State of New York, Respondent, v. Dequan Williams, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3319
_________________________ Judgment of resentence, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered October 7, 2008, resentencing defendant to a term of 9 1/2 years, with 5 years' postrelease supervision, unanimously affirmed.The resentencing proceeding imposing a term of postrel. .
.
6. x The People of the State of New York, Respondent, v. Clarence Williams, also known as Fletcher Anderson Worrell, Defendant- Appellant. ________________________________________x Defendant appeals from a judgment of the Supreme Court, New York County (Renee A. White, J. at speedy trial motion; Bonnie. . .
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 2753
The genesis of this proceeding is a notorious incident involving a brutal rape and robbery in 1973 in Manhattan. The issues presented are whether defendant's statutory and constitutional rights to a speedy trial were violated, and also whether the trial court should have conducted an inquiry of the. . .
7. The PEOPLE of the State of New York, Respondent, v. Hector SARCONE, Defendant-Appellant.
2010 WL 3782154, 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 (Lewis Bart Stone, J.), rendered on or about November 21, 2008, And said appeal having been argued by counsel for the respective parties; and due deliberation having been ha. . .
8. The PEOPLE of the State of New York, Respondent, v. Samuel DeGANNES, Defendant-Appellant.
2010 WL 3782168, N.Y.A.D. 1 Dept. 2010.,
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 provided a meaningful response to . . .
9. The PEOPLE of the State of New York, Respondent, v. Bobby FERRELL, Defendant-Appellant.
2010 WL 3782323, N.Y.A.D. 1 Dept. 2010.,
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 substance in or near school gro. . .
10. The PEOPLE of the State of New York, Respondent, v. Rafael PADILLA, Defendant-Appellant.
2010 WL 3701361, N.Y.A.D. 1 Dept. 2010.,
Judgment of resentence, Supreme Court, New York County (Richard D. Carruthers, J.), rendered April 17, 2009, resentencing defendant to concurrent terms of 12 years, with 5 years' postrelease supervision, unanimously affirmed. The resentencing proceeding imposing a term of postrelease supervision w. . .
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:
1. The People of the State of New York, Respondent, v. Greg Cantoni, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3306
_________________________ Judgment, Supreme Court, New York County (Gregory Carro, J. at request for new counsel; Daniel Conviser, J. at jury trial and sentence), rendered August 18, 2009, convicting defendant of criminal possession of stolen property in the fourth degree (two counts), criminal p. .
2. The People of the State of New York, Respondent, v. James Quinn, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3308
_________________________ _______________________ Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Lindsey M. Kneipper of counsel), for respondent. . . .
3. The People of the State of New York, Respondent, v. Rafael Rodriguez, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3311- 3312
_________________________ Judgment, Supreme Court, New York County (William A. Wetzel, J. at suppression motion; Michael R. Ambrecht, J. at trial and sentence), rendered December 14, 2007, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the first degree and. . .
4. The People of the State of New York, Respondent, v. Edward Wright, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3316
_________________________ Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered on or about May 15, 2008, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738 1967; People v. Saunders, 52 A.D.2d 833 . .
5. The People of the State of New York, Respondent, v. Dequan Williams, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3319
_________________________ Judgment of resentence, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered October 7, 2008, resentencing defendant to a term of 9 1/2 years, with 5 years' postrelease supervision, unanimously affirmed.The resentencing proceeding imposing a term of postrel. .
.
6. x The People of the State of New York, Respondent, v. Clarence Williams, also known as Fletcher Anderson Worrell, Defendant- Appellant. ________________________________________x Defendant appeals from a judgment of the Supreme Court, New York County (Renee A. White, J. at speedy trial motion; Bonnie. . .
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 2753
The genesis of this proceeding is a notorious incident involving a brutal rape and robbery in 1973 in Manhattan. The issues presented are whether defendant's statutory and constitutional rights to a speedy trial were violated, and also whether the trial court should have conducted an inquiry of the. . .
7. The PEOPLE of the State of New York, Respondent, v. Hector SARCONE, Defendant-Appellant.
2010 WL 3782154, 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 (Lewis Bart Stone, J.), rendered on or about November 21, 2008, And said appeal having been argued by counsel for the respective parties; and due deliberation having been ha. . .
8. The PEOPLE of the State of New York, Respondent, v. Samuel DeGANNES, Defendant-Appellant.
2010 WL 3782168, N.Y.A.D. 1 Dept. 2010.,
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 provided a meaningful response to . . .
9. The PEOPLE of the State of New York, Respondent, v. Bobby FERRELL, Defendant-Appellant.
2010 WL 3782323, N.Y.A.D. 1 Dept. 2010.,
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 substance in or near school gro. . .
10. The PEOPLE of the State of New York, Respondent, v. Rafael PADILLA, Defendant-Appellant.
2010 WL 3701361, N.Y.A.D. 1 Dept. 2010.,
Judgment of resentence, Supreme Court, New York County (Richard D. Carruthers, J.), rendered April 17, 2009, resentencing defendant to concurrent terms of 12 years, with 5 years' postrelease supervision, unanimously affirmed. The resentencing proceeding imposing a term of postrelease supervision w. . .
New York Law Journal: Decisions of Interest October 8, 2010
If you are already an online subscriber to this New York Law Journal service you should be able to click on any of the links proveded below, sign in, and access any of the decisions listed which interest you.
Subscription required for online access unless otherwise noted:
http://www.nylj.com/
U.S. Court of Appeals, Second Circuit
Media Law
Cable News Reporter Wins Second Crack at Defamation Claim Against MSNBC for Online Posts
DiFolco v. MSNBC Cable LLC, 09-2821-cv Supreme Court, Suffolk County, I.A.S. Part 21
FREE WITH REGISTRATION
Business Law
Judge Awards Damages and Costs to Consumer; Modeling Agency Did Not Deliver Services
People v. City Model and Talent Dev., 09-22233
U.S. Court of Appeals, Second Circuit
FREE WITH REGISTRATION
NEW YORK COUNTY
Employment
Evidence Raises Issues of Deliberate Bad Faith in Correction Officer's Termination
Matter of Stevens v. Schriro
NEW YORK COUNTY
Employment
Uncertainty, Bad Faith Investigation Vacates Teacher's Firing; New Investigation Ordered
Bryant v. NYC Dept. of Ed.
NEW YORK COUNTY
Criminal Practice
Hearing Ordered to Decide if Allegations Satisfy Second Prong of 'Strickland'
People v. Ortega
BRONX COUNTY
Family Law
Family Court Proper Forum to Resolve Parties' Disputes, Including Illegal Lockout
Watson v. Wilson-Watson
APPELLATE DIVISION
SECOND DEPARTMENT
Criminal Practice
Justification Available to Underlying Felony But Never a Defense to Felony Murder Itself
People v. Walker
APPELLATE TERM
Criminal Practice
Order Dismissing Instrument on Ground Of Legal Impediment to Conviction Affirmed
People v. Thorner
KINGS COUNTY
Criminal Practice
Motion to Quash Subpoena on Grounds Of Attorney-Client Privilege Denied
People v. Brooks
APPELLATE DIVISION
THIRD DEPARTMENT
Workers' Compensation
Evidence Supports Disability's Contribution To Claimant's Removal From Labor Force
Jimerson v. New York City Police Dept.
U.S. COURT OF APPEALS, SECOND CIRCUIT
Administrative Law
'Engquist' Does Not Bar All Class-of-One Claims Involving Discretionary State Action
Analytical Diagnostic Labs Inc. v. Kusel
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Trusts and Estates
Suit Charging Conspiracy by Attorneys, Judges To Deny Probate to Steal Estate Assets Dismissed
Combier v. State of New York
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Admiralty
Shipboard Health Aide Charged With Knowledge Of Shortened One Year Limit for Injury Suit
Palmer v. Norwegian Cruise Line
Subscription required for online access unless otherwise noted:
http://www.nylj.com/
U.S. Court of Appeals, Second Circuit
Media Law
Cable News Reporter Wins Second Crack at Defamation Claim Against MSNBC for Online Posts
DiFolco v. MSNBC Cable LLC, 09-2821-cv Supreme Court, Suffolk County, I.A.S. Part 21
FREE WITH REGISTRATION
Business Law
Judge Awards Damages and Costs to Consumer; Modeling Agency Did Not Deliver Services
People v. City Model and Talent Dev., 09-22233
U.S. Court of Appeals, Second Circuit
FREE WITH REGISTRATION
NEW YORK COUNTY
Employment
Evidence Raises Issues of Deliberate Bad Faith in Correction Officer's Termination
Matter of Stevens v. Schriro
NEW YORK COUNTY
Employment
Uncertainty, Bad Faith Investigation Vacates Teacher's Firing; New Investigation Ordered
Bryant v. NYC Dept. of Ed.
NEW YORK COUNTY
Criminal Practice
Hearing Ordered to Decide if Allegations Satisfy Second Prong of 'Strickland'
People v. Ortega
BRONX COUNTY
Family Law
Family Court Proper Forum to Resolve Parties' Disputes, Including Illegal Lockout
Watson v. Wilson-Watson
APPELLATE DIVISION
SECOND DEPARTMENT
Criminal Practice
Justification Available to Underlying Felony But Never a Defense to Felony Murder Itself
People v. Walker
APPELLATE TERM
Criminal Practice
Order Dismissing Instrument on Ground Of Legal Impediment to Conviction Affirmed
People v. Thorner
KINGS COUNTY
Criminal Practice
Motion to Quash Subpoena on Grounds Of Attorney-Client Privilege Denied
People v. Brooks
APPELLATE DIVISION
THIRD DEPARTMENT
Workers' Compensation
Evidence Supports Disability's Contribution To Claimant's Removal From Labor Force
Jimerson v. New York City Police Dept.
U.S. COURT OF APPEALS, SECOND CIRCUIT
Administrative Law
'Engquist' Does Not Bar All Class-of-One Claims Involving Discretionary State Action
Analytical Diagnostic Labs Inc. v. Kusel
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Trusts and Estates
Suit Charging Conspiracy by Attorneys, Judges To Deny Probate to Steal Estate Assets Dismissed
Combier v. State of New York
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Admiralty
Shipboard Health Aide Charged With Knowledge Of Shortened One Year Limit for Injury Suit
Palmer v. Norwegian Cruise Line
New York Law Journal: Lead Articles October 8, 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:
Friday, October 8, 2010
Hevesi Pleads Guilty to Taking Kickbacks in Pay-to-Play Scandal
FREE
Second Circuit Revives Defamation Suit Brought by MSNBC Reporter
Boies Schiller Sued by Former Client Over Fees
Panel Rejects Bid to Upset Rape Conviction
News In Brief
Apple to Pay $20.5 Million to Settle With City Pension Fund Over Backdating Claims
New York Schools Re-Evaluate Benefits Of Their Part-Time Evening Programs
Renovations Prompt Shift of County Clerk Services
FREE
http://www.nylj.com/
Subscription required for online access unless otherwise noted:
Friday, October 8, 2010
Hevesi Pleads Guilty to Taking Kickbacks in Pay-to-Play Scandal
FREE
Second Circuit Revives Defamation Suit Brought by MSNBC Reporter
Boies Schiller Sued by Former Client Over Fees
Panel Rejects Bid to Upset Rape Conviction
News In Brief
Apple to Pay $20.5 Million to Settle With City Pension Fund Over Backdating Claims
New York Schools Re-Evaluate Benefits Of Their Part-Time Evening Programs
Renovations Prompt Shift of County Clerk Services
FREE
LAW.COM Newswire Highlights October 8, 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:
Boies Schiller Sued by Former Client Over Fees
The American Lawyer
A disgruntled former client is suing Boies Schiller & Flexner, claiming the firm "shirked" its professional duties by breaching an agreement that David Boies would serve as lead counsel in a commercial dispute, which was instead given to less experienced counsel and more junior associates. The former client, G.K. Las Vegas Limited Partnership, is seeking to force Boies Schiller & Flexner to arbitrate a fee dispute before the American Arbitration Association and to place more than $5.04 million in disputed fees in escrow.
Government Oversight Chairman Seeks Nationwide Foreclosure Freeze
Corporate Counsel
Rep. Edolphus Towns, D-N.Y., chairman of the House Committee on Oversight and Government Reform, on Thursday called on top U.S. mortgage lenders and banks to voluntarily halt home foreclosures in all 50 states and the District of Columbia until the banks' legal departments review their companies' procedures. At least three major lenders so far have stopped foreclosures in 23 states while they review and repair any "robo-signed" documents -- paperwork without the proper authorities' signatures.
Justice Breyer on Originalism, the Media and the Court
The National Law Journal
On the opening day of the Supreme Court's term this week, Justice Stephen Breyer sat down for an interview in his chambers to discuss his new book "Making Our Democracy Work: A Judge's View." Breyer insists that the public needs to understand how the Supreme Court works, or eventually citizens will stop obeying its decisions. But he acknowledges that another reason he wrote the book is to counter the concept of originalism -- the approach to constitutional interpretation espoused most of all by Justice Antonin Scalia.
Foes of National Health Care Law Lose Key Court Ruling
The Associated Press
A Michigan federal judge on Thursday upheld the federal government's authority to require everyone to have health insurance, dealing a setback to groups seeking to block the new national health care plan. A Christian legal group and four individual plaintiffs had sued, claiming lawmakers exceeded their power under the Constitution's commerce clause. A Justice Department spokeswoman said the ruling "marks the first time a court has considered the merits of any challenge to this law."
Inside the Brief, Bizarre Courtship of Akin and Orrick
The National Law Journal
In all, it took just seven days for partners at Akin Gump Strauss Hauer & Feld and Orrick, Herrington & Sutcliffe to pressure their respective firm leaders to call off merger talks. Those seven days included a strange fake news story and frustration for partners on both sides of the discussion. Partners at both firms said there was not one single issue that killed the talks; it was more a feeling among partners that an Akin-Orrick combination wouldn't be worth the headache of trying to bring the two firms together.
Madoff Feeder Funds Must Face Securities Claims From Investors
The American Lawyer
Madoff feeder funds are looking vulnerable. For the second time in two months, a federal judge has green-lighted a securities suit against an investment manager that handed money over to Bernard Madoff. On Tuesday, Manhattan federal district court Judge Leonard Sand declined to dismiss securities law claims against the Beacon Associates investment fund and Ivy Asset Management, now owned by Bank of New York Mellon. He also allowed ERISA claims brought by union fund plaintiffs in the case to move forward.
Plaintiffs Firms Hit With Rule 11 Sanctions in Dismissed Securities Class Action
The American Lawyer
A federal judge in Connecticut has granted an unusual motion for Rule 11 sanctions against Labaton Sucharow and Barroway Topaz Kessler Meltzer & Check, lead plaintiffs counsel in a failed securities class action against Star Gas. The judge agreed with Star's counsel from Skadden, Arps, Slate, Meagher & Flom that the class's claims were almost entirely without merit, and that Labaton and Barroway knew as much early in the litigation. She ordered the plaintiffs firms to pay all of Star's attorney fees and costs.
Trump-Icahn Bankruptcy Pact OK'd but Bondholders' Legal Fees Unresolved
New Jersey Law Journal
A New Jersey judge has approved a global settlement that puts a halt to remaining litigation in the Trump Entertainment Resorts bankruptcy. But in signing off on the deal, the judge deferred deciding whether to approve a request for $19.5 million in fees and costs for professional advice to the bondholders, who obtained a controlling interest under the reorganization plan. The amount was mostly incurred for legal services from three law firms, plus a "success fee" to an investment bank that provided financial advice.
Lawyer Sentenced to 22 Years for Nigerian Oil Scam
New York Law Journal
A Florida securities lawyer has been sent to prison for 22 years for cheating victims out of millions of dollars in a fraudulent advance-fee scheme. Attorney Delmer C. Gowing and co-defendant Emil Scheringer were convicted in 2009 following a three-week trial before New York Judge George B. Daniels. On Wednesday, Daniels ordered Gowing to forfeit $8.9 million and pay restitution to his victims.
Nelson Mullins and Lahive & Cockfield to Merge
The National Law Journal
Nelson Mullins Riley & Scarborough of Columbia, S.C., is merging with Boston intellectual property boutique Lahive & Cockfield. The move will expand services for clients of both firms, increase the combined intellectual property team to more than 70 attorneys and technical specialists, and double the size of Nelson Mullins' Boston office. Nelson Mullins' managing partner characterized the combination as a way to continue the firm's "rapid growth in New England."
Court Upholds Conviction Despite 33-Year Delay
New York Law Journal
The 1974 rape and murder of Barbara Lloyd went unsolved for more than three decades, when Lloyd's brother-in-law, Leon Chatt, unwittingly provided a DNA sample -- by spitting on the sidewalk -- that matched DNA from the crime scene. Chatt, who was sentenced to 25 years to life in prison, challenged his murder conviction on several grounds, including that he was prejudiced by the 33-year gap between the crime and his indictment. A unanimous New York appeals court panel disagreed last week and rejected his appeal.
Former N.Y. State Comptroller Pleads Guilty to Taking Kickbacks in Pay-to-Play Scandal
New York Law Journal
Former New York state Comptroller Alan Hevesi admitted Thursday he had accepted trips to Israel and campaign contributions from a financier in exchange for investing in his benefactor's business millions of dollars from the state pension fund of which he was the sole trustee. Hevesi, who pleaded guilty to the felony of receiving a reward to official misconduct in the second degree, is the most prominent person to plead guilty in the state attorney general's pension probe, which has netted $138 million in recoveries.
Lawyer Who Pleaded Guilty to DWI and Left Accident Scene Is Admonished
New Jersey Law Journal
The New Jersey Supreme Court on Tuesday ordered an admonition for a lawyer who pleaded guilty to driving while intoxicated and to leaving the scene of an accident after his firm's holiday party. The court issued no formal opinion but followed the recommendation of the Disciplinary Review Board. A. Dennis Terrell, who retired from Drinker Biddle & Reath last year, was admitted into a pretrial intervention program, pursuant to an accusation charging him with fourth-degree assault by auto, the DRB said.
The Price of Discovery in New York Courts
New York Law Journal
Because New York litigants must finance their own suits, they have a strong incentive to formulate minimally burdensome discovery requests. However, Steptoe & Johnson's Michael Miller, Evan Glassman and Anthony Onorato note that cost allocation can also be used as leverage against one's opponents.
N.J. Law Firm Starts 1-Year Apprentice Program
New Jersey Law Journal
New Jersey firm Gibbons has launched a one-year "apprenticeship" program to allow newly admitted lawyers an opportunity to learn the ropes. The firm's first apprentice will make about $48,000 per year and could receive a full-time offer at the end of the program's one-year period.
Visit lawjobs.com News & Views
Setting Limits on Sarcasm in the Courtroom
The Connecticut Law Tribune
In a recent Connecticut Appellate Court challenge, Assistant Public Defender James Streeto argued that a prosecutor used too much sarcasm during a murder trial, thus depriving the defendant of a fair trial. The court did not agree, finding the remarks at issue "isolated and limited." Trial lawyer David W. Cooney says, overall, use of sarcasm is risky due to how it may be interpreted by the jurors. Other seasoned trial attorneys say if you're going to use sarcasm, just be selective about it.
Few lawyers — including the nine lawyers who wear robes to work — know the Supreme Court's docket as well as Roy Englert Jr. Englert sat down with Tony Mauro to answer questions about the upcoming high court term.
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Boies Schiller Sued by Former Client Over Fees
The American Lawyer
A disgruntled former client is suing Boies Schiller & Flexner, claiming the firm "shirked" its professional duties by breaching an agreement that David Boies would serve as lead counsel in a commercial dispute, which was instead given to less experienced counsel and more junior associates. The former client, G.K. Las Vegas Limited Partnership, is seeking to force Boies Schiller & Flexner to arbitrate a fee dispute before the American Arbitration Association and to place more than $5.04 million in disputed fees in escrow.
Government Oversight Chairman Seeks Nationwide Foreclosure Freeze
Corporate Counsel
Rep. Edolphus Towns, D-N.Y., chairman of the House Committee on Oversight and Government Reform, on Thursday called on top U.S. mortgage lenders and banks to voluntarily halt home foreclosures in all 50 states and the District of Columbia until the banks' legal departments review their companies' procedures. At least three major lenders so far have stopped foreclosures in 23 states while they review and repair any "robo-signed" documents -- paperwork without the proper authorities' signatures.
Justice Breyer on Originalism, the Media and the Court
The National Law Journal
On the opening day of the Supreme Court's term this week, Justice Stephen Breyer sat down for an interview in his chambers to discuss his new book "Making Our Democracy Work: A Judge's View." Breyer insists that the public needs to understand how the Supreme Court works, or eventually citizens will stop obeying its decisions. But he acknowledges that another reason he wrote the book is to counter the concept of originalism -- the approach to constitutional interpretation espoused most of all by Justice Antonin Scalia.
Foes of National Health Care Law Lose Key Court Ruling
The Associated Press
A Michigan federal judge on Thursday upheld the federal government's authority to require everyone to have health insurance, dealing a setback to groups seeking to block the new national health care plan. A Christian legal group and four individual plaintiffs had sued, claiming lawmakers exceeded their power under the Constitution's commerce clause. A Justice Department spokeswoman said the ruling "marks the first time a court has considered the merits of any challenge to this law."
Inside the Brief, Bizarre Courtship of Akin and Orrick
The National Law Journal
In all, it took just seven days for partners at Akin Gump Strauss Hauer & Feld and Orrick, Herrington & Sutcliffe to pressure their respective firm leaders to call off merger talks. Those seven days included a strange fake news story and frustration for partners on both sides of the discussion. Partners at both firms said there was not one single issue that killed the talks; it was more a feeling among partners that an Akin-Orrick combination wouldn't be worth the headache of trying to bring the two firms together.
Madoff Feeder Funds Must Face Securities Claims From Investors
The American Lawyer
Madoff feeder funds are looking vulnerable. For the second time in two months, a federal judge has green-lighted a securities suit against an investment manager that handed money over to Bernard Madoff. On Tuesday, Manhattan federal district court Judge Leonard Sand declined to dismiss securities law claims against the Beacon Associates investment fund and Ivy Asset Management, now owned by Bank of New York Mellon. He also allowed ERISA claims brought by union fund plaintiffs in the case to move forward.
Plaintiffs Firms Hit With Rule 11 Sanctions in Dismissed Securities Class Action
The American Lawyer
A federal judge in Connecticut has granted an unusual motion for Rule 11 sanctions against Labaton Sucharow and Barroway Topaz Kessler Meltzer & Check, lead plaintiffs counsel in a failed securities class action against Star Gas. The judge agreed with Star's counsel from Skadden, Arps, Slate, Meagher & Flom that the class's claims were almost entirely without merit, and that Labaton and Barroway knew as much early in the litigation. She ordered the plaintiffs firms to pay all of Star's attorney fees and costs.
Trump-Icahn Bankruptcy Pact OK'd but Bondholders' Legal Fees Unresolved
New Jersey Law Journal
A New Jersey judge has approved a global settlement that puts a halt to remaining litigation in the Trump Entertainment Resorts bankruptcy. But in signing off on the deal, the judge deferred deciding whether to approve a request for $19.5 million in fees and costs for professional advice to the bondholders, who obtained a controlling interest under the reorganization plan. The amount was mostly incurred for legal services from three law firms, plus a "success fee" to an investment bank that provided financial advice.
Lawyer Sentenced to 22 Years for Nigerian Oil Scam
New York Law Journal
A Florida securities lawyer has been sent to prison for 22 years for cheating victims out of millions of dollars in a fraudulent advance-fee scheme. Attorney Delmer C. Gowing and co-defendant Emil Scheringer were convicted in 2009 following a three-week trial before New York Judge George B. Daniels. On Wednesday, Daniels ordered Gowing to forfeit $8.9 million and pay restitution to his victims.
Nelson Mullins and Lahive & Cockfield to Merge
The National Law Journal
Nelson Mullins Riley & Scarborough of Columbia, S.C., is merging with Boston intellectual property boutique Lahive & Cockfield. The move will expand services for clients of both firms, increase the combined intellectual property team to more than 70 attorneys and technical specialists, and double the size of Nelson Mullins' Boston office. Nelson Mullins' managing partner characterized the combination as a way to continue the firm's "rapid growth in New England."
Court Upholds Conviction Despite 33-Year Delay
New York Law Journal
The 1974 rape and murder of Barbara Lloyd went unsolved for more than three decades, when Lloyd's brother-in-law, Leon Chatt, unwittingly provided a DNA sample -- by spitting on the sidewalk -- that matched DNA from the crime scene. Chatt, who was sentenced to 25 years to life in prison, challenged his murder conviction on several grounds, including that he was prejudiced by the 33-year gap between the crime and his indictment. A unanimous New York appeals court panel disagreed last week and rejected his appeal.
Former N.Y. State Comptroller Pleads Guilty to Taking Kickbacks in Pay-to-Play Scandal
New York Law Journal
Former New York state Comptroller Alan Hevesi admitted Thursday he had accepted trips to Israel and campaign contributions from a financier in exchange for investing in his benefactor's business millions of dollars from the state pension fund of which he was the sole trustee. Hevesi, who pleaded guilty to the felony of receiving a reward to official misconduct in the second degree, is the most prominent person to plead guilty in the state attorney general's pension probe, which has netted $138 million in recoveries.
Lawyer Who Pleaded Guilty to DWI and Left Accident Scene Is Admonished
New Jersey Law Journal
The New Jersey Supreme Court on Tuesday ordered an admonition for a lawyer who pleaded guilty to driving while intoxicated and to leaving the scene of an accident after his firm's holiday party. The court issued no formal opinion but followed the recommendation of the Disciplinary Review Board. A. Dennis Terrell, who retired from Drinker Biddle & Reath last year, was admitted into a pretrial intervention program, pursuant to an accusation charging him with fourth-degree assault by auto, the DRB said.
The Price of Discovery in New York Courts
New York Law Journal
Because New York litigants must finance their own suits, they have a strong incentive to formulate minimally burdensome discovery requests. However, Steptoe & Johnson's Michael Miller, Evan Glassman and Anthony Onorato note that cost allocation can also be used as leverage against one's opponents.
N.J. Law Firm Starts 1-Year Apprentice Program
New Jersey Law Journal
New Jersey firm Gibbons has launched a one-year "apprenticeship" program to allow newly admitted lawyers an opportunity to learn the ropes. The firm's first apprentice will make about $48,000 per year and could receive a full-time offer at the end of the program's one-year period.
Visit lawjobs.com News & Views
Setting Limits on Sarcasm in the Courtroom
The Connecticut Law Tribune
In a recent Connecticut Appellate Court challenge, Assistant Public Defender James Streeto argued that a prosecutor used too much sarcasm during a murder trial, thus depriving the defendant of a fair trial. The court did not agree, finding the remarks at issue "isolated and limited." Trial lawyer David W. Cooney says, overall, use of sarcasm is risky due to how it may be interpreted by the jurors. Other seasoned trial attorneys say if you're going to use sarcasm, just be selective about it.
Few lawyers — including the nine lawyers who wear robes to work — know the Supreme Court's docket as well as Roy Englert Jr. Englert sat down with Tony Mauro to answer questions about the upcoming high court term.
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
Thursday, October 07, 2010
New York Law Journal: Decisions of Interest October 7, 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:
U.S. District Court, Southern District
Criminal Practice
Judge Rules Key Government Witness Cannot Testify in Embassy Bombing Case
United States v. Ahmed Khalfan Ghailani, S10 98 Crim. 1023 (LAK)
FREE
U.S. Bankruptcy Court, Southern District
Bankruptcy
Ex-Wife of Marc S. Dreier Suffers a Setback in Bid to Claim $7 Million From Bankruptcy Estate
In re: Marc S. Dreier, 09-10371
FREE WITH REGISTRATION
Appellate Division, Fourth Department
Health Law
Funeral Director's Conviction Affirmed, No Good Faith Exception in Anatomical Gift Section of Public Health Law
People v. Scott Batjer, KA 10-00875
FREE WITH REGISTRATION
State of New York Tax Appeals Tribunal
Taxation
Lawyer's Itemized Deductions for Services of Prostitutes and Erotic Materials Properly Disallowed
Matter of Halby, DTA NOS. 821494 and 821810
FREE WITH REGISTRATION
Ex-Wife of Marc S. Dreier Suffers a Setback in Bid to Claim $7 Million From Bankruptcy Estate
People v. Scott Batjer, KA 10-00875
Funeral Director's Conviction Affirmed, No Good Faith Exception in Anatomical Gift Section of Public Health Law
Matter of Halby, DTA NOS. 821494 and 821810
Lawyer's Itemized Deductions for Services of Prostitutes and Erotic Materials Properly Disallowed
People v. Chatt, KA 08-01135
Delay of 33 Years in Bringing Indictment Does Not Void Murder Convivtion, Panel Finds
NEW YORK COUNTY
Contracts
Processor Granted Summary Judgment On Liability, Not Damages on Breach Claims
TransFirst ePayment Services Inc. v. Advanced Marketing Research Ltd.
NEW YORK COUNTY
Civil Practice
Renewal Denied as Clarification in Law Would Not Alter Original Decision
Ahroner v. Israel Discount Bank of New York
KINGS COUNTY
Contracts
Issues of Fact Preclude Summary Judgment On Broker's Motion to Collect Commissions
NRT New York LLC v. Sidbury
QUEENS COUNTY
Attorney's Fees
Lawyer Entitled to Assert Charging Lien Against Defendant for Settled Action
Housni v. Garcia
SUFFOLK COUNTY
Contracts
Claims Against Ex-Wife Barred by Release In Stipulation Resolving Matrimonial Action
O'Neill v. O'Neill
ORANGE COUNTY
Contracts
Arbitration Ordered as County Cannot Absolve Itself of Contractual Obligations
Matter of County of Orange v. Civil Service Employees Assoc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
No Showing AIG, Affiliated Unit Unable to Pay Debts as Due Under Interest Rate Swap Pact
Brookfield Asset Management Inc. v. AIG Financial Products Corp.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
State Law Claims Arising From Photo License Agreements Are Stayed Pending Arbitration
Wu v. Pearson Education Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Court Upholds Document Disclosure Denial In Bhopal Union Carbide Pollution Case
Sahu v. Union Carbide Corp.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Bias Claims Dismissed; Adverse Employment Action, Abusive Environment Not Alleged
Howe v. City of New York
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Rights
Court Declines to Warn Warden to Ensure Inmate Not Denied Access to His Legal Mail
Hill v. Donoghue
http://www.nylj.com/
Subscription required for online access unless otherwise noted:
U.S. District Court, Southern District
Criminal Practice
Judge Rules Key Government Witness Cannot Testify in Embassy Bombing Case
United States v. Ahmed Khalfan Ghailani, S10 98 Crim. 1023 (LAK)
FREE
U.S. Bankruptcy Court, Southern District
Bankruptcy
Ex-Wife of Marc S. Dreier Suffers a Setback in Bid to Claim $7 Million From Bankruptcy Estate
In re: Marc S. Dreier, 09-10371
FREE WITH REGISTRATION
Appellate Division, Fourth Department
Health Law
Funeral Director's Conviction Affirmed, No Good Faith Exception in Anatomical Gift Section of Public Health Law
People v. Scott Batjer, KA 10-00875
FREE WITH REGISTRATION
State of New York Tax Appeals Tribunal
Taxation
Lawyer's Itemized Deductions for Services of Prostitutes and Erotic Materials Properly Disallowed
Matter of Halby, DTA NOS. 821494 and 821810
FREE WITH REGISTRATION
Ex-Wife of Marc S. Dreier Suffers a Setback in Bid to Claim $7 Million From Bankruptcy Estate
People v. Scott Batjer, KA 10-00875
Funeral Director's Conviction Affirmed, No Good Faith Exception in Anatomical Gift Section of Public Health Law
Matter of Halby, DTA NOS. 821494 and 821810
Lawyer's Itemized Deductions for Services of Prostitutes and Erotic Materials Properly Disallowed
People v. Chatt, KA 08-01135
Delay of 33 Years in Bringing Indictment Does Not Void Murder Convivtion, Panel Finds
NEW YORK COUNTY
Contracts
Processor Granted Summary Judgment On Liability, Not Damages on Breach Claims
TransFirst ePayment Services Inc. v. Advanced Marketing Research Ltd.
NEW YORK COUNTY
Civil Practice
Renewal Denied as Clarification in Law Would Not Alter Original Decision
Ahroner v. Israel Discount Bank of New York
KINGS COUNTY
Contracts
Issues of Fact Preclude Summary Judgment On Broker's Motion to Collect Commissions
NRT New York LLC v. Sidbury
QUEENS COUNTY
Attorney's Fees
Lawyer Entitled to Assert Charging Lien Against Defendant for Settled Action
Housni v. Garcia
SUFFOLK COUNTY
Contracts
Claims Against Ex-Wife Barred by Release In Stipulation Resolving Matrimonial Action
O'Neill v. O'Neill
ORANGE COUNTY
Contracts
Arbitration Ordered as County Cannot Absolve Itself of Contractual Obligations
Matter of County of Orange v. Civil Service Employees Assoc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
No Showing AIG, Affiliated Unit Unable to Pay Debts as Due Under Interest Rate Swap Pact
Brookfield Asset Management Inc. v. AIG Financial Products Corp.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
State Law Claims Arising From Photo License Agreements Are Stayed Pending Arbitration
Wu v. Pearson Education Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Court Upholds Document Disclosure Denial In Bhopal Union Carbide Pollution Case
Sahu v. Union Carbide Corp.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Bias Claims Dismissed; Adverse Employment Action, Abusive Environment Not Alleged
Howe v. City of New York
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Rights
Court Declines to Warn Warden to Ensure Inmate Not Denied Access to His Legal Mail
Hill v. Donoghue
New York Law Journal: Lead Articles Ocotber 7, 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, October 7, 2010
Kaplan Bars Key Testimony in Bombing Case
FREE
Justices Disapprove of Protest at Soldier's Grave, But Are Wary of Curbing Even 'Obnoxious' Speech
Dreier Ex-Wife's Bid for Support Ruled Issue for Bankruptcy Court
No Good Faith in Peddling Body Parts, Panel Finds
Panel Rejects Lawyer's Bid to Deduct Spending for Sex
Renovations Prompt Shift of County Clerk Services
FREE
News In Brief
Justices Question Whether Prosecutors Fulfilled 'Brady' Obligation
http://www.nylj.com/
Subscription required for online access unless otherwise noted:
Thursday, October 7, 2010
Kaplan Bars Key Testimony in Bombing Case
FREE
Justices Disapprove of Protest at Soldier's Grave, But Are Wary of Curbing Even 'Obnoxious' Speech
Dreier Ex-Wife's Bid for Support Ruled Issue for Bankruptcy Court
No Good Faith in Peddling Body Parts, Panel Finds
Panel Rejects Lawyer's Bid to Deduct Spending for Sex
Renovations Prompt Shift of County Clerk Services
FREE
News In Brief
Justices Question Whether Prosecutors Fulfilled 'Brady' Obligation
LAW.COM Newswire Highlights October 7, 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:
High Court Seems Reluctant to Overturn First Amendment Precedents in Funeral Protest Case
The National Law Journal
While expressing disdain for the virulent protests staged at military funerals by members of a Kansas church, some Supreme Court justices on Wednesday seemed reluctant to upset First Amendment precedents that protect even the most obnoxious speech from punishment. Protests by members of the church -- who demonstrate at funerals and other events to promote their message that God is punishing America for its acceptance of homosexuality -- have triggered lawsuits and legislation in 43 states to restrict funeral protests.
Federal Judge Denies Certification to Wellbutrin Class
The Legal Intelligencer
In a significant win for big pharmaceutical firms, a federal judge has refused to certify a consumer and indirect purchaser antitrust class action against GlaxoSmithKline on the grounds that the plaintiffs cannot prove each class member was affected by the alleged scheme to maintain higher prices. The plaintiffs allege that GSK set out to delay the market date for a generic version of Wellbutrin SR by using "sham" patent litigation to tie up generic manufacturers in court and patent board proceedings.
Internet Privacy Suits Filed Against Yahoo, Others
Fulton County Daily Report
A set of potential class actions filed recently in Georgia against three Internet powerhouses raises interesting questions about how law enforcement agencies get information about Internet users without their knowledge. The suits claim that Comcast, Yahoo and Windstream have violated federal wiretap and computer privacy laws by providing information in response to warrants or subpoenas issued by Georgia judges or magistrates, which are then relayed to the Internet companies' headquarters outside of Georgia.
Tax Panel Rejects Lawyer's Bid to Deduct Spending for Sex
New York Law Journal
A state tax appeals board has denied a retired New York lawyer's attempts to claim hundreds of thousands of dollars he spent on prostitutes, massages, pornography and other sex-related activities as deductions for "medical expenses." Among the disallowed deductions were $40,588 on his 2002 return for "therapeutic sex," $70,776 for "massage therapy to relieve osteoarthritis and enhance erectile function through frequent orgasms" and $2,173 for "pornography to enhance sexual performance in lieu of taking Viagra."
Justices Appear Ready to Hold New Orleans Prosecutors Liable for Misconduct
The National Law Journal
Supreme Court justices on Wednesday appeared ready to give the green light to efforts by a New Orleans man to win compensation for prosecutorial misconduct that put him behind bars for more than two decades for a murder he did not commit. The Court heard arguments in Connick v. Thompson, in which former New Orleans District Attorney Harry Connick maintains that his office should not be held liable for what he contends was a single incident of failing to hand over exculpatory evidence to the defense before trial.
Fla. Magistrate Resigns Amid Complaints About Race Remarks
Daily Business Review
A Florida magistrate abruptly ended his 22 years on the bench just weeks after a black female prosecutor accused him of making racially insensitive remarks in court. William E. Dellow Jr. is accused of referring to Assistant State Attorney Danelle Augustin as "pigmently enhanced" and making other questionable comments Aug. 12. Dellow submitted a resignation letter last month. The incident came two years after Dellow was disciplined for a sexual harassment claim brought by a female court staff member.
Airgas Claims Bylaw OK'd by Shareholders Violates Del. Law
Delaware Law Weekly
On the eve of this week's trial stemming from the takeover battle between Airgas and Air Products & Chemicals, Airgas filed a complaint asking the Delaware Court of Chancery to resolve a novel issue between the two companies concerning the terms of directors on a staggered board and what exactly is meant by an "annual" meeting. Sources agree that the situation -- seeking to accelerate a shareholders' meeting to remove directors by bringing up a vote on a staggered board in the context of a hostile deal -- is unique.
Dreier's Ex-Wife Suffers Setback in Bid for $7 Million in Support
New York Law Journa
The attempt of the ex-wife of jailed attorney Marc S. Dreier to collect $7 million in support from his bankruptcy estate suffered a setback this week. Refusing to lift an automatic stay in the case, a bankruptcy judge held that Elisa Dreier was not entitled to have a state judge decide whether Mr. Dreier's noncompliance with a separation agreement accelerated all of the pact's support obligations. That means Ms. Dreier's claim will be weighed against those of other creditors in bankruptcy court.
N.Y. Federal Judge Bars Key Testimony in Embassy Bombing Case
New York Law Journal
A critical government witness was knocked out of the case of accused embassy bomber Ahmed Khalfan Ghailani on Wednesday because a federal judge concluded allowing his testimony would violate the U.S. Constitution. Dealing a sharp blow to the prosecution, Judge Lewis Kaplan said Hussein Abebe, who allegedly sold Ghailani the dynamite used in the 1998 bombing of the U.S. Embassy in Tanzania, will not be allowed to take the witness stand because he was identified and located as a result of harsh CIA interrogation of Ghailani.
Judge Delays Hearing Into Execution of Father Convicted of Arson Deaths
The Associated Press
A Texas judge who has been asked to re-examine arson evidence used to convict a man executed for killing his three daughters in a 1991 fire postponed a hearing Wednesday, after prosecutors asked him to step aside. Attorneys for Cameron Todd Willingham's family, backed by the New York-based Innocence Project, are seeking to clear his name. If the judge clears Willingham, it will mark the first time an official in the nation's most active death penalty state has formally declared that someone was wrongly executed.
J&J Investors' Class Action Suit Filed in Wake of Company's 'Phantom Recall'
New Jersey Law Journal
A Johnson & Johnson investor has lodged a putative class action against the pharmaceutical giant, alleging it defrauded stockholders by attempting to cover up shoddy manufacturing and business practices -- including a covert recall of substandard products. According to the complaint, J&J and its subsidiary, McNeil Consumer Healthcare, secretly contracted other parties to do a quiet store-by-store buyback of Motrin products in which defects had been discovered, rather than contact the Food and Drug Administration.
Pittsburgh Firm Opens Second Ohio Office With Merger
The Legal Intelligencer
Pittsburgh-based Dickie McCamey has expanded its Ohio presence and bulked up its litigation capabilities through a merger with Columbus-based litigation boutique Golian McCaffrey. "We've targeted Columbus and central Ohio for years and we were just waiting for the right opportunity. This was it," said Dickie McCamey's managing director. He said the plan is to "expand that office pretty aggressively," and that Golian McCaffrey's "very strong" book of business complements Dickie McCamey's existing client base.
Hip-Joint Litigation Lawyers on Both Sides Disfavor Choice of N.J. Judge
New Jersey Law Journal
Lawyers jockeying over where to consolidate federal litigation against hip-replacement device maker DePuy Orthopaedics seem to agree on only one thing: District Judge Susan Wigenton in Newark, N.J., shouldn't handle it. Plaintiffs counsel, the Lanier Law Firm, had originally sought to consolidate the DePuy suits with Wigenton, who has been assigned a similar multidistrict litigation over Zimmer's Duram Cap hip implants. But the defense lawyers' opposition evidently persuaded the plaintiffs lawyers to change their minds.
Certifying to E-Discovery Completeness Is Certifiable
The National Law Journal
Jenner & Block attorneys Jerold S. Solovy and Robert L. Byman find something troubling in e-discovery: When lawyers certify production is complete, they use the word "complete," which is an unachievable goal in any complex litigation involving data spanning any significant time period.
Reality Check: Law Firm Cogs Aren't Special
Fulton County Daily Report
The Snark found pretty shocking some of the views expressed by associates in The American Lawyer's Midlevel Associates Survey. While it's not surprising that morale is low, The Snark thinks it's important for associates to realize: You are a Cog. Embrace it or move on already.
Students at Rutgers School of Law-Camden are helping federal inmates transition into post-prison life as part of a new pro bono effort. Rutgers' program is unique because it relies on student volunteers who don't receive academic credit, says Todd Berger, managing partner of the project.
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
Subscription required for online access:
High Court Seems Reluctant to Overturn First Amendment Precedents in Funeral Protest Case
The National Law Journal
While expressing disdain for the virulent protests staged at military funerals by members of a Kansas church, some Supreme Court justices on Wednesday seemed reluctant to upset First Amendment precedents that protect even the most obnoxious speech from punishment. Protests by members of the church -- who demonstrate at funerals and other events to promote their message that God is punishing America for its acceptance of homosexuality -- have triggered lawsuits and legislation in 43 states to restrict funeral protests.
Federal Judge Denies Certification to Wellbutrin Class
The Legal Intelligencer
In a significant win for big pharmaceutical firms, a federal judge has refused to certify a consumer and indirect purchaser antitrust class action against GlaxoSmithKline on the grounds that the plaintiffs cannot prove each class member was affected by the alleged scheme to maintain higher prices. The plaintiffs allege that GSK set out to delay the market date for a generic version of Wellbutrin SR by using "sham" patent litigation to tie up generic manufacturers in court and patent board proceedings.
Internet Privacy Suits Filed Against Yahoo, Others
Fulton County Daily Report
A set of potential class actions filed recently in Georgia against three Internet powerhouses raises interesting questions about how law enforcement agencies get information about Internet users without their knowledge. The suits claim that Comcast, Yahoo and Windstream have violated federal wiretap and computer privacy laws by providing information in response to warrants or subpoenas issued by Georgia judges or magistrates, which are then relayed to the Internet companies' headquarters outside of Georgia.
Tax Panel Rejects Lawyer's Bid to Deduct Spending for Sex
New York Law Journal
A state tax appeals board has denied a retired New York lawyer's attempts to claim hundreds of thousands of dollars he spent on prostitutes, massages, pornography and other sex-related activities as deductions for "medical expenses." Among the disallowed deductions were $40,588 on his 2002 return for "therapeutic sex," $70,776 for "massage therapy to relieve osteoarthritis and enhance erectile function through frequent orgasms" and $2,173 for "pornography to enhance sexual performance in lieu of taking Viagra."
Justices Appear Ready to Hold New Orleans Prosecutors Liable for Misconduct
The National Law Journal
Supreme Court justices on Wednesday appeared ready to give the green light to efforts by a New Orleans man to win compensation for prosecutorial misconduct that put him behind bars for more than two decades for a murder he did not commit. The Court heard arguments in Connick v. Thompson, in which former New Orleans District Attorney Harry Connick maintains that his office should not be held liable for what he contends was a single incident of failing to hand over exculpatory evidence to the defense before trial.
Fla. Magistrate Resigns Amid Complaints About Race Remarks
Daily Business Review
A Florida magistrate abruptly ended his 22 years on the bench just weeks after a black female prosecutor accused him of making racially insensitive remarks in court. William E. Dellow Jr. is accused of referring to Assistant State Attorney Danelle Augustin as "pigmently enhanced" and making other questionable comments Aug. 12. Dellow submitted a resignation letter last month. The incident came two years after Dellow was disciplined for a sexual harassment claim brought by a female court staff member.
Airgas Claims Bylaw OK'd by Shareholders Violates Del. Law
Delaware Law Weekly
On the eve of this week's trial stemming from the takeover battle between Airgas and Air Products & Chemicals, Airgas filed a complaint asking the Delaware Court of Chancery to resolve a novel issue between the two companies concerning the terms of directors on a staggered board and what exactly is meant by an "annual" meeting. Sources agree that the situation -- seeking to accelerate a shareholders' meeting to remove directors by bringing up a vote on a staggered board in the context of a hostile deal -- is unique.
Dreier's Ex-Wife Suffers Setback in Bid for $7 Million in Support
New York Law Journa
The attempt of the ex-wife of jailed attorney Marc S. Dreier to collect $7 million in support from his bankruptcy estate suffered a setback this week. Refusing to lift an automatic stay in the case, a bankruptcy judge held that Elisa Dreier was not entitled to have a state judge decide whether Mr. Dreier's noncompliance with a separation agreement accelerated all of the pact's support obligations. That means Ms. Dreier's claim will be weighed against those of other creditors in bankruptcy court.
N.Y. Federal Judge Bars Key Testimony in Embassy Bombing Case
New York Law Journal
A critical government witness was knocked out of the case of accused embassy bomber Ahmed Khalfan Ghailani on Wednesday because a federal judge concluded allowing his testimony would violate the U.S. Constitution. Dealing a sharp blow to the prosecution, Judge Lewis Kaplan said Hussein Abebe, who allegedly sold Ghailani the dynamite used in the 1998 bombing of the U.S. Embassy in Tanzania, will not be allowed to take the witness stand because he was identified and located as a result of harsh CIA interrogation of Ghailani.
Judge Delays Hearing Into Execution of Father Convicted of Arson Deaths
The Associated Press
A Texas judge who has been asked to re-examine arson evidence used to convict a man executed for killing his three daughters in a 1991 fire postponed a hearing Wednesday, after prosecutors asked him to step aside. Attorneys for Cameron Todd Willingham's family, backed by the New York-based Innocence Project, are seeking to clear his name. If the judge clears Willingham, it will mark the first time an official in the nation's most active death penalty state has formally declared that someone was wrongly executed.
J&J Investors' Class Action Suit Filed in Wake of Company's 'Phantom Recall'
New Jersey Law Journal
A Johnson & Johnson investor has lodged a putative class action against the pharmaceutical giant, alleging it defrauded stockholders by attempting to cover up shoddy manufacturing and business practices -- including a covert recall of substandard products. According to the complaint, J&J and its subsidiary, McNeil Consumer Healthcare, secretly contracted other parties to do a quiet store-by-store buyback of Motrin products in which defects had been discovered, rather than contact the Food and Drug Administration.
Pittsburgh Firm Opens Second Ohio Office With Merger
The Legal Intelligencer
Pittsburgh-based Dickie McCamey has expanded its Ohio presence and bulked up its litigation capabilities through a merger with Columbus-based litigation boutique Golian McCaffrey. "We've targeted Columbus and central Ohio for years and we were just waiting for the right opportunity. This was it," said Dickie McCamey's managing director. He said the plan is to "expand that office pretty aggressively," and that Golian McCaffrey's "very strong" book of business complements Dickie McCamey's existing client base.
Hip-Joint Litigation Lawyers on Both Sides Disfavor Choice of N.J. Judge
New Jersey Law Journal
Lawyers jockeying over where to consolidate federal litigation against hip-replacement device maker DePuy Orthopaedics seem to agree on only one thing: District Judge Susan Wigenton in Newark, N.J., shouldn't handle it. Plaintiffs counsel, the Lanier Law Firm, had originally sought to consolidate the DePuy suits with Wigenton, who has been assigned a similar multidistrict litigation over Zimmer's Duram Cap hip implants. But the defense lawyers' opposition evidently persuaded the plaintiffs lawyers to change their minds.
Certifying to E-Discovery Completeness Is Certifiable
The National Law Journal
Jenner & Block attorneys Jerold S. Solovy and Robert L. Byman find something troubling in e-discovery: When lawyers certify production is complete, they use the word "complete," which is an unachievable goal in any complex litigation involving data spanning any significant time period.
Reality Check: Law Firm Cogs Aren't Special
Fulton County Daily Report
The Snark found pretty shocking some of the views expressed by associates in The American Lawyer's Midlevel Associates Survey. While it's not surprising that morale is low, The Snark thinks it's important for associates to realize: You are a Cog. Embrace it or move on already.
Students at Rutgers School of Law-Camden are helping federal inmates transition into post-prison life as part of a new pro bono effort. Rutgers' program is unique because it relies on student volunteers who don't receive academic credit, says Todd Berger, managing partner of the project.
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
Wednesday, October 06, 2010
Some News from the Blogsphere
October 6, 2010
Paterson’s workforce reductions, agency by agency
posted by Rick Karlin at Capitol Confidential -
Below is a worksheet from the Budget Division showing the targets for state agency workforce numbers by the end of this calendar year. The lower figure represents where the Administration needs to be in o...
Hearing on “Reining in Overcriminalization: Assessing the Problems, Proposing Solutions”"
posted by CrimProf BlogEditor at CrimProf Blog -
Ellen Podgor at White Collar Crime Prof Blog has this post about a recent hearing before the House Judiciary Committee, Subcommittee of Crime, Terrorism and Homeland Security.
Argument Day Podcasts: Snyder v. Phelps
posted by Adam Schlossman at SCOTUSblog -
Two five-minute podcasts from attorneys on both sides of *Snyder v. Phelps*(09-751) [CLICK ON LINK, THEN CLICK ON PODCAST SELECTIONS]
Government Investigations
posted by White Collar Crime Prof Blogger at White Collar Crime Prof Blog -
A government investigation, especially one in the white collar sphere, is extremely difficult on the individual and his or her family. It makes no difference which side one is on - the criminal defendant bei...
Paterson’s workforce reductions, agency by agency
posted by Rick Karlin at Capitol Confidential -
Below is a worksheet from the Budget Division showing the targets for state agency workforce numbers by the end of this calendar year. The lower figure represents where the Administration needs to be in o...
Hearing on “Reining in Overcriminalization: Assessing the Problems, Proposing Solutions”"
posted by CrimProf BlogEditor at CrimProf Blog -
Ellen Podgor at White Collar Crime Prof Blog has this post about a recent hearing before the House Judiciary Committee, Subcommittee of Crime, Terrorism and Homeland Security.
Argument Day Podcasts: Snyder v. Phelps
posted by Adam Schlossman at SCOTUSblog -
Two five-minute podcasts from attorneys on both sides of *Snyder v. Phelps*(09-751) [CLICK ON LINK, THEN CLICK ON PODCAST SELECTIONS]
Government Investigations
posted by White Collar Crime Prof Blogger at White Collar Crime Prof Blog -
A government investigation, especially one in the white collar sphere, is extremely difficult on the individual and his or her family. It makes no difference which side one is on - the criminal defendant bei...
Governor David Paterson and New York Finance
Source: Google News Alert Service, October 6, 2010.
Governor Paterson Announces the Launch of New Business-Focused Website
ReadMedia (press release)
Thanks to Governor Paterson's support of this undertaking, ESD now provides businesses within New York and elsewhere access to the full depth and breadth of ...
See all stories on this topic »
NY Comptroller Candidates Debate
WNYC
In the first televised debate between the major candidates for state comptroller, each accused the other of driving New York to the brink of financial ruin. ...
See all stories on this topic »
Governor Paterson Announces the Launch of New Business-Focused Website
ReadMedia (press release)
Thanks to Governor Paterson's support of this undertaking, ESD now provides businesses within New York and elsewhere access to the full depth and breadth of ...
See all stories on this topic »
NY Comptroller Candidates Debate
WNYC
In the first televised debate between the major candidates for state comptroller, each accused the other of driving New York to the brink of financial ruin. ...
See all stories on this topic »
Congressional Research Service (CRS) Reports Posted October 6, 2010*
Medicare Hospital Readmissions: Issues, Policy Options and PPACA
Report No. R40972
Subjects: Health Policy
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
P.L. 111-3: The Children's Health Insurance Program Reauthorization Act of 2009
Report No. R40226
Subjects: Children; Health Policy; Welfare
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Legal Issues Relating to the Disposal of Dispensed Controlled Substances
Report No. R40548
Subjects: Drug Abuse; Medicine
CRS Reports, 111th Congress (9/24/2010; Posted: 10/6/2010)
---------------------------------
Private Health Insurance Provisions of H.R. 3962
Report No. R40885
Subjects: Health Policy
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Food Safety in the 111th Congress
Report No. R40443
Subjects: Food; Health Policy
CRS Reports, 111th Congress (9/23/2010; Posted: 10/6/2010)
---------------------------------
PPACA Requirements for Offering Health Insurance Inside Versus Outside an Exchange
Report No. R41269
Subjects: Health Policy
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Summary of Potential Employer Penalties Under the Patient Protection and Affordable Care Act (PPACA)
Report No. R41159
Subjects: Health Policy
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
China's Currency: An Analysis of the Economic Issues
Report No. RS21625
Subjects: Economic Policy; China
CRS Reports, 111th Congress (10/1/2010; Posted: 10/6/2010)
---------------------------------
Argentina's Defaulted Sovereign Debt: Dealing with the 'Holdouts'
Report No. R41029
Subjects: Argentina
CRS Reports, 111th Congress (9/24/2010; Posted: 10/6/2010)
---------------------------------
Samantar v. Yousef: The Foreign Sovereign Immunities Act and Foreign Officials
Report No. R41379
Subjects: Foreign Policy; Law
CRS Reports, 111th Congress (9/24/2010; Posted: 10/6/2010)
---------------------------------
Regulating Coal Combustion Waste Disposal: Issues for Congress
Report No. R41341
Subjects: Energy; Environmental Protection
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Form 1099 Information Reporting Requirements as Modified by the Patient Protection and Affordable Care Act
Report No. R41359
Subjects: Health Policy; Taxation
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Agricultural Conservation Issues in the 111th Congress
Report No. R40692
Subjects: Agriculture; Budget; Environmental Protection
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Fishery, Aquaculture, and Marine Mammal Issues in the 111th Congress
Report No. R40172
Subjects: Animals; Marine Resources
CRS Reports, 111th Congress (9/24/2010; Posted: 10/6/2010)
---------------------------------
Ozone Air Quality Standards: EPA's Proposed January 2010 Revisions
Report No. R41062
Subjects: Air Pollution
CRS Reports, 111th Congress (9/22/2010; Posted: 10/6/2010)
---------------------------------
Individual Mandate and Related Information Requirements under PPACA
Report No. R41331
Subjects: Health Policy
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Child Nutrition and WIC Reauthorization: Issues and Legislation in the 111th Congress
Report No. R41354
Subjects: Children; Health Policy; Welfare
CRS Reports, 111th Congress (9/23/2010; Posted: 10/6/2010)
---------------------------------
Private Health Insurance Provisions in the Patient Protection and Affordable Care Act (PPACA)
Report No. R40942
Subjects: Health Policy
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Health Insurance Premium Credits in the Patient Protection and Affordable Care Act (PPACA)
Report No. R41137
Subjects: Health Policy; Taxation
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Medicaid Checklist: Considerations in Adding a Mandatory Eligibility Group
Report No. R40490
Subjects: Health Policy; Welfare
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Deadlines for Secretary of Health and Human Services in the Patient Protection and Affordable Care Act
Memorandum No. 7-5700
Directed to Sen. Tom Coburn, R-Okla.; Sen. Orrin G. Hatch, R-Utah; Sen. John Cornyn, R-Texas
CRS Reports, 111th Congress (10/1/2010; Posted: 10/5/2010)
____________________________
*Selected federal documents below from CQ Roll Call Group may include references to government reports, Congressional letters, draft bills, and other primary source materials. Documents listed are accessible through subscription to the CQ Roll Call Group service. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=79 and look for Subscription Information.
Report No. R40972
Subjects: Health Policy
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
P.L. 111-3: The Children's Health Insurance Program Reauthorization Act of 2009
Report No. R40226
Subjects: Children; Health Policy; Welfare
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Legal Issues Relating to the Disposal of Dispensed Controlled Substances
Report No. R40548
Subjects: Drug Abuse; Medicine
CRS Reports, 111th Congress (9/24/2010; Posted: 10/6/2010)
---------------------------------
Private Health Insurance Provisions of H.R. 3962
Report No. R40885
Subjects: Health Policy
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Food Safety in the 111th Congress
Report No. R40443
Subjects: Food; Health Policy
CRS Reports, 111th Congress (9/23/2010; Posted: 10/6/2010)
---------------------------------
PPACA Requirements for Offering Health Insurance Inside Versus Outside an Exchange
Report No. R41269
Subjects: Health Policy
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Summary of Potential Employer Penalties Under the Patient Protection and Affordable Care Act (PPACA)
Report No. R41159
Subjects: Health Policy
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
China's Currency: An Analysis of the Economic Issues
Report No. RS21625
Subjects: Economic Policy; China
CRS Reports, 111th Congress (10/1/2010; Posted: 10/6/2010)
---------------------------------
Argentina's Defaulted Sovereign Debt: Dealing with the 'Holdouts'
Report No. R41029
Subjects: Argentina
CRS Reports, 111th Congress (9/24/2010; Posted: 10/6/2010)
---------------------------------
Samantar v. Yousef: The Foreign Sovereign Immunities Act and Foreign Officials
Report No. R41379
Subjects: Foreign Policy; Law
CRS Reports, 111th Congress (9/24/2010; Posted: 10/6/2010)
---------------------------------
Regulating Coal Combustion Waste Disposal: Issues for Congress
Report No. R41341
Subjects: Energy; Environmental Protection
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Form 1099 Information Reporting Requirements as Modified by the Patient Protection and Affordable Care Act
Report No. R41359
Subjects: Health Policy; Taxation
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Agricultural Conservation Issues in the 111th Congress
Report No. R40692
Subjects: Agriculture; Budget; Environmental Protection
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Fishery, Aquaculture, and Marine Mammal Issues in the 111th Congress
Report No. R40172
Subjects: Animals; Marine Resources
CRS Reports, 111th Congress (9/24/2010; Posted: 10/6/2010)
---------------------------------
Ozone Air Quality Standards: EPA's Proposed January 2010 Revisions
Report No. R41062
Subjects: Air Pollution
CRS Reports, 111th Congress (9/22/2010; Posted: 10/6/2010)
---------------------------------
Individual Mandate and Related Information Requirements under PPACA
Report No. R41331
Subjects: Health Policy
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Child Nutrition and WIC Reauthorization: Issues and Legislation in the 111th Congress
Report No. R41354
Subjects: Children; Health Policy; Welfare
CRS Reports, 111th Congress (9/23/2010; Posted: 10/6/2010)
---------------------------------
Private Health Insurance Provisions in the Patient Protection and Affordable Care Act (PPACA)
Report No. R40942
Subjects: Health Policy
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Health Insurance Premium Credits in the Patient Protection and Affordable Care Act (PPACA)
Report No. R41137
Subjects: Health Policy; Taxation
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Medicaid Checklist: Considerations in Adding a Mandatory Eligibility Group
Report No. R40490
Subjects: Health Policy; Welfare
CRS Reports, 111th Congress (9/21/2010; Posted: 10/6/2010)
---------------------------------
Deadlines for Secretary of Health and Human Services in the Patient Protection and Affordable Care Act
Memorandum No. 7-5700
Directed to Sen. Tom Coburn, R-Okla.; Sen. Orrin G. Hatch, R-Utah; Sen. John Cornyn, R-Texas
CRS Reports, 111th Congress (10/1/2010; Posted: 10/5/2010)
____________________________
*Selected federal documents below from CQ Roll Call Group may include references to government reports, Congressional letters, draft bills, and other primary source materials. Documents listed are accessible through subscription to the CQ Roll Call Group service. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=79 and look for Subscription Information.
New York Appellate Criminal Cases Originating from the New York Supreme Courrt NY County
In order to comply with subscription agreements you will need to use your own Westlaw password to view the full text of cases listed below:
October 6, 2010.
1. The People of the State of New York, Respondent, v. D'Juan Collins, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3287
_________________________ Judgment, Supreme Court, New York County (Rena K. Uviller, J. at hearings and waiver of counsel; Lewis Bart Stone, J. at jury trial and sentence), rendered August 15, 2008, convicting defendant of criminal possession of a controlled substance in the third and fifth degre. . .
2. The People of the State of New York, Respondent, v. Joseph Garner, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3288
_________________________ Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered on or about March 12, 2009, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738 1967; People v. Saunders, 52 A.D.2d . . .
3. The People of the State of New York, Respondent, 6129/07 v. Kerry Jordan, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3291- 3291A
_________________________ Judgments, Supreme Court, New York County (Bruce Allen, J.), rendered May 19, 2008, convicting defendant, after a nonjury trial, of aggravated criminal contempt, criminal contempt in the first degree (five counts), assault in the third degree and criminal mischief in the . . .
4. The People of the State of New York, Respondent, v. Nouchie Vellon, Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept. 2010., 3302
_________________________ _______________________ Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Aaron Ginandes of counsel), for respondent. . . .
5. The People of the State of New York, Respondent, v. Donnella White, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3303
_________________________ Judgment, Supreme Court, New York County (Arlene R. Silverman, J. at hearing; Bruce Allen, J. at jury trial and sentence), rendered April 20, 2009, convicting defendant of grand larceny in the third degree and two counts of offering a false instrument for filing, and sen. . .
© 2010 Thomson Reuters/West
October 6, 2010.
1. The People of the State of New York, Respondent, v. D'Juan Collins, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3287
_________________________ Judgment, Supreme Court, New York County (Rena K. Uviller, J. at hearings and waiver of counsel; Lewis Bart Stone, J. at jury trial and sentence), rendered August 15, 2008, convicting defendant of criminal possession of a controlled substance in the third and fifth degre. . .
2. The People of the State of New York, Respondent, v. Joseph Garner, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3288
_________________________ Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered on or about March 12, 2009, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738 1967; People v. Saunders, 52 A.D.2d . . .
3. The People of the State of New York, Respondent, 6129/07 v. Kerry Jordan, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3291- 3291A
_________________________ Judgments, Supreme Court, New York County (Bruce Allen, J.), rendered May 19, 2008, convicting defendant, after a nonjury trial, of aggravated criminal contempt, criminal contempt in the first degree (five counts), assault in the third degree and criminal mischief in the . . .
4. The People of the State of New York, Respondent, v. Nouchie Vellon, Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept. 2010., 3302
_________________________ _______________________ Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Aaron Ginandes of counsel), for respondent. . . .
5. The People of the State of New York, Respondent, v. Donnella White, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3303
_________________________ Judgment, Supreme Court, New York County (Arlene R. Silverman, J. at hearing; Bruce Allen, J. at jury trial and sentence), rendered April 20, 2009, convicting defendant of grand larceny in the third degree and two counts of offering a false instrument for filing, and sen. . .
© 2010 Thomson Reuters/West
New York Law Journal: Decisions of Interest October 6, 2010
If you are already an online subscriber to this NYLJ 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.
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Supreme Court, Nassau County
Torts
Men Who Provided Alcohol to Their Designated Driver Cannot Be Held Liable for Ensuing Crash
Luciere v. Rahner, 003895/08
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Appellate Division, First Department
Real Property
E-Mails Satisfy Requirement That Agreement Be Written in Real Estate Fraud, Panel Finds
Naldi v. Grunberg, 600707/08
FREE WITH REGISTRATION
U.S. District Court, Southern District
Products Liability
Award Reduced From $8 Million to $1.5 Million, Attorney Sanctioned in Anti-Osteoporosis Drug Case
In Re: Fosamax Products Liability Litigation, 06-MD-1789-JFK
FREE WITH REGISTRATION
APPELLATE TERM
Landlord/Tenant Law
Panel Reverses Order That Ruled Self-Help Not Available to Landlord to Regain Possession
Sol De Ibiza LLC v. Panjo Realty Inc.
NEW YORK COUNTY
Landlord/Tenant Law
Daughter's Petition to Restore Terminated Section 8 Subsidy Is Denied as Time-Barred
Silva v. Rhea
NEW YORK COUNTY
Landlord/Tenant Law
Court Finds Tenant May Sue as Landlord If Parties Intended Sublease, Not Assignment
JPMorgan Chase Bank NA v. HB Beach Spa Inc.
NEW YORK COUNTY
Landlord/Tenant Law
Motion for Reargument Ruled Untimely; Tenants Granted Leave to Conduct Discovery
First Avenue Village Corp. v. McBain
RICHMOND COUNTY
Civil Practice
Louisiana Attorney Denied Leave to File Late Notice of Claim Against City for Ferry Injury
Debose v. City of New York
SUFFOLK COUNTY
Real Property
Bank's Order of Reference Application Found 'Replete With Inaccurate Proofs'
Bank of America NA v. Maharaj
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Real Property
Court Rules on Efforts to Rescind Condo Contracts Under Land Sale Disclosure Law
Nu-Chan LLC v. 20 Pine Street LLC
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Generic Drug Makers Did Not Infringe 'Method-of-Use' Contraceptive Patent
Bayer Schera Pharma AG v. Sandoz Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
Insurer's Knowledge in 2003 Action Requires Law Firm's Defense, Indemnity Under Policy
Westport Ins. Corp. v. Napoli, Kaiser & Bern
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Rights
Student's Illegal Search Claim Proceeds Following Armed Traffic Stop of Parents' Car
Johnson v. County of Nassau
U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Employment
Referee's Title VII Bias, Due Process Claims Fail Against Sports Agencies
http://www.nylj.com/
Subscription required for online access unless otherwise noted:
Supreme Court, Nassau County
Torts
Men Who Provided Alcohol to Their Designated Driver Cannot Be Held Liable for Ensuing Crash
Luciere v. Rahner, 003895/08
FREE WITH REGISTRATION
Appellate Division, First Department
Real Property
E-Mails Satisfy Requirement That Agreement Be Written in Real Estate Fraud, Panel Finds
Naldi v. Grunberg, 600707/08
FREE WITH REGISTRATION
U.S. District Court, Southern District
Products Liability
Award Reduced From $8 Million to $1.5 Million, Attorney Sanctioned in Anti-Osteoporosis Drug Case
In Re: Fosamax Products Liability Litigation, 06-MD-1789-JFK
FREE WITH REGISTRATION
APPELLATE TERM
Landlord/Tenant Law
Panel Reverses Order That Ruled Self-Help Not Available to Landlord to Regain Possession
Sol De Ibiza LLC v. Panjo Realty Inc.
NEW YORK COUNTY
Landlord/Tenant Law
Daughter's Petition to Restore Terminated Section 8 Subsidy Is Denied as Time-Barred
Silva v. Rhea
NEW YORK COUNTY
Landlord/Tenant Law
Court Finds Tenant May Sue as Landlord If Parties Intended Sublease, Not Assignment
JPMorgan Chase Bank NA v. HB Beach Spa Inc.
NEW YORK COUNTY
Landlord/Tenant Law
Motion for Reargument Ruled Untimely; Tenants Granted Leave to Conduct Discovery
First Avenue Village Corp. v. McBain
RICHMOND COUNTY
Civil Practice
Louisiana Attorney Denied Leave to File Late Notice of Claim Against City for Ferry Injury
Debose v. City of New York
SUFFOLK COUNTY
Real Property
Bank's Order of Reference Application Found 'Replete With Inaccurate Proofs'
Bank of America NA v. Maharaj
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Real Property
Court Rules on Efforts to Rescind Condo Contracts Under Land Sale Disclosure Law
Nu-Chan LLC v. 20 Pine Street LLC
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Generic Drug Makers Did Not Infringe 'Method-of-Use' Contraceptive Patent
Bayer Schera Pharma AG v. Sandoz Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
Insurer's Knowledge in 2003 Action Requires Law Firm's Defense, Indemnity Under Policy
Westport Ins. Corp. v. Napoli, Kaiser & Bern
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Rights
Student's Illegal Search Claim Proceeds Following Armed Traffic Stop of Parents' Car
Johnson v. County of Nassau
U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Employment
Referee's Title VII Bias, Due Process Claims Fail Against Sports Agencies
New York Law Journal: Lead Articles October 6, 2010
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Wednesday, October 6, 2010
Would-Be Times Square Bomber Greets Life Term With Defiance
FREE
Port Authority Discriminates Against Women Lawyers, Suit Says
In Second Stint in Top Post, Lynch Says Priorities Are Public Safety, Economic Crimes and Corruption
No Special Relationship Found Between Designated Driver, Friends
News In Brief
Visa and MasterCard Settle U.S. Lawsuit, But AmEx Vows to Fight Antitrust Claims
Statistics Confirm Fears on Minority Hiring by Firms
Bronx D.A. Announces New Assistants
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Wednesday, October 6, 2010
Would-Be Times Square Bomber Greets Life Term With Defiance
FREE
Port Authority Discriminates Against Women Lawyers, Suit Says
In Second Stint in Top Post, Lynch Says Priorities Are Public Safety, Economic Crimes and Corruption
No Special Relationship Found Between Designated Driver, Friends
News In Brief
Visa and MasterCard Settle U.S. Lawsuit, But AmEx Vows to Fight Antitrust Claims
Statistics Confirm Fears on Minority Hiring by Firms
Bronx D.A. Announces New Assistants
FREE
LAW.COM Newswire Highlights October 6, 2010
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Justices Consider Limits on Employer Background Checks in NASA Case
The National Law Journal
Lawyers for the federal government clashed with lawyers for a group of California scientists at the U.S. Supreme Court on Tuesday over how much information the government can demand in background checks on potential employees before violating their privacy rights. The government wants the Court to overturn a preliminary injunction issued by the 9th Circuit, which found that certain questions on NASA background forms for contract employees were so intrusive as to violate the employees' right to informational privacy.
Toyota Shareholders Invoke Japanese Securities Law in Consolidated Complaint
The National Law Journal
Lawyers for Toyota shareholders who suffered losses tied to massive recalls and claims of sudden acceleration of its vehicles have filed a consolidated complaint invoking Japanese securities laws against the company and several of its officers and directors. The complaint, filed Tuesday in Los Angeles federal court, alleges Toyota issued false and misleading statements in conference calls with investors, filings with the SEC and interviews with the press -- all of which caused its shares to be artificially inflated.
Survey Shows Summer Associates Still in Recession's Grip
The American Lawyer
For this year's summer law clerks, 2010 is likely to go down as the year of the even leaner, meaner summer program. Like their predecessors last year, this year's summer class got a stark reminder of the heavy toll the recession has taken, as many top law firms continued to reduce the length of summer programs -- if they had programs at all. On the bright side, firms were generally better able than last year to assure the summer clerks they did hire that they would get full-time job offers, provided they did good work.
Would-Be Times Square Bomber Greets Life Term With Defiance
New York Law Journal
It did not take long for New York federal Judge Miriam Goldman Cedarbaum to sentence failed Times Square bomber Faisal Shahzad to life in prison Tuesday, because there was not much left to say. With a life sentence guaranteed for a man who had already declared his lack of remorse and implacable hatred for America, Cedarbaum did not engage in an extended exchange about the morality of what he had done. Shahzad smirked when he was ordered to prison for life, telling the judge, "I'm happy with the deal God has given me."
New Round of Layoffs Hits Husch Blackwell
The American Lawyer
Layoffs at Am Law 200 firms may have slowed from their frenetic pace of a year ago, but they haven't stopped altogether. The latest blip on the job-loss radar: Husch Blackwell, which reportedly let go of nearly 20 lawyers last month. While those laid off reportedly failed to meet their billable hour targets, the firm declined to get into specifics about the layoffs and would not say how many lawyers had been affected. In Husch Blackwell's last round of layoffs in March 2009, the firm let go of 17 lawyers and 45 staffers.
Courts Deal With Fallout of Judge's Arrest on Drug and Gun Charges
Fulton County Daily Report
Judges and attorneys in Georgia, Washington and Alabama spent Tuesday coping with fallout from U.S. District Senior Judge Jack T. Camp's arrest on federal drug and gun charges. Judges, including Chief Justice John Roberts Jr., sought someone to oversee the criminal case and determine how to reassign Camp's caseload. Some attorneys experienced in defending federal drug cases said the crimes with which Camp is charged, if prosecuted at all, would likely have been handled by local prosecutors, had Camp not been a federal judge.
All Federal Circuit Vacancies Now Have Nominees, but Quick Confirmation Unlikely
The National Law Journal
President Barack Obama's recent nomination of Jimmie Reyna for one of three vacancies on the U.S. Court of Appeals for the Federal Circuit covers all open slots and adds a candidate with deep international trade expertise. But court watchers expect that at least two of the confirmations to the 12-judge court, including Reyna's, will stretch into next year.
Fla. Judge Quashes State Subpoena in Foreclosure Probe
Daily Business Review
A Florida judge dealt a blow Monday to state AG Bill McCollum's investigation of foreclosure law firms by quashing a broad subpoena issued against one of the firms. The judge in a sharply worded order said it's up to the Florida Supreme Court and the Florida Bar to regulate attorneys, not the attorney general. He also called the subpoena of Shapiro & Fishman "overbroad, vague, inconsistent and unduly burdensome" as well as "invasive" and said it was unlikely to reveal "actionable conduct" by the firm.
Proskauer Rose Elects New Chairman
New York Law Journal
Proskauer Rose said Monday it had elected Joseph Leccese, 49, as its new chairman, making him the youngest elected chair in the firm's 135-year history. He will succeed Allen Fagin, who will step down in January after serving the maximum six-year term as chair. Leccese joined Proskauer in 1986 as an associate. As a partner in the corporate department and co-head of the sports law group, he counts among his clients the NBA and NHL. He represented Robert Wood Johnson IV when he bought the New York Jets for $635 million.
White & Williams to Shutter Pittsburgh Office
The Legal Intelligencer
White & Williams confirmed Tuesday that it is set to close its 10-year-old Pittsburgh office. The firm has five lawyers in the city, all in the firm's litigation department with a focus on medical malpractice defense. Although the Pittsburgh lawyers have "very significant" clients in the area of medical malpractice defense, that office didn't produce the cross-selling opportunities other offices have, said managing partner George Hartnett, noting that the Pittsburgh office's clients are "very Pittsburgh-centric."
Supreme Court Denies Ga. Death Penalty Appeal
Fulton County Daily Report
The U.S. Supreme Court on Monday let stand the Georgia Supreme Court's decision on Jamie Ryan Weis, who has been in jail facing the death penalty for more than four years while the Georgia Public Defender Standards Council struggles to pay for attorneys to handle his case. Weis, accused of the 2006 robbery-murder of Catherine King, had asked the Supreme Court to review a March decision by the Georgia high court that his constitutional right to a speedy trial had not been violated.
Lawyers on Both Sides of the Pond Gear Up for New U.K. Bribery Law
The American Lawyer
White-collar criminal lawyers on both sides of the Atlantic are bracing themselves for the new U.K. Bribery Act, which could generate significant legal work when it becomes law next year. The first change to U.K. bribery laws in more than a century, the act is primarily designed to tighten the country's regulatory framework. However, given the act's broad jurisdictional reach, most U.S. public companies are apt to be affected by what experts describe as the most draconian anti-corruption legislation in the world.
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Harvesting Evidence From the Sea of Text Messages
New York Law Journal
The explosive growth of text messaging presents litigators with new opportunities and challenges. To understand the utility of text messages as an evidentiary tool, say attorneys Alan Winchester and Russell Maines, it is important to understand what text messages are, and how they work.
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What Do Attorneys Wish Their Paralegals Knew?
The Legal Intelligencer
Paralegal Kim Walker polled several attorneys with the question, "What do attorneys wish their paralegals knew?" She uses the attorneys' answers as a starting point for advice on how paralegals can brush up on their skills and avoid the all-too-common problem of becoming complacent.
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The Careerist: First, Take a Shower
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. First, Take a Shower: Advice for the Unemployed Lawyer on Staying Disciplined And Think Firms Care About Morale? Also Time for a Lawyers' Tea Party?
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Growth of Consumer Debt Litigation Keeps Small Firms Busy
The Legal Intelligencer
A logical chain of events has been occurring recently: The recession has caused more consumer debts to go unpaid, which in turn, has led to more legal battles between consumers and their creditors. On one hand, debt collectors are suing consumers to collect the unpaid debts. On the other, consumer debtors are filing suits claiming debt collection harassment. Attorneys say such litigation has been on the rise over the past few years, and it's typically been small firms and solo attorneys that have benefited.
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Justices Consider Limits on Employer Background Checks in NASA Case
The National Law Journal
Lawyers for the federal government clashed with lawyers for a group of California scientists at the U.S. Supreme Court on Tuesday over how much information the government can demand in background checks on potential employees before violating their privacy rights. The government wants the Court to overturn a preliminary injunction issued by the 9th Circuit, which found that certain questions on NASA background forms for contract employees were so intrusive as to violate the employees' right to informational privacy.
Toyota Shareholders Invoke Japanese Securities Law in Consolidated Complaint
The National Law Journal
Lawyers for Toyota shareholders who suffered losses tied to massive recalls and claims of sudden acceleration of its vehicles have filed a consolidated complaint invoking Japanese securities laws against the company and several of its officers and directors. The complaint, filed Tuesday in Los Angeles federal court, alleges Toyota issued false and misleading statements in conference calls with investors, filings with the SEC and interviews with the press -- all of which caused its shares to be artificially inflated.
Survey Shows Summer Associates Still in Recession's Grip
The American Lawyer
For this year's summer law clerks, 2010 is likely to go down as the year of the even leaner, meaner summer program. Like their predecessors last year, this year's summer class got a stark reminder of the heavy toll the recession has taken, as many top law firms continued to reduce the length of summer programs -- if they had programs at all. On the bright side, firms were generally better able than last year to assure the summer clerks they did hire that they would get full-time job offers, provided they did good work.
Would-Be Times Square Bomber Greets Life Term With Defiance
New York Law Journal
It did not take long for New York federal Judge Miriam Goldman Cedarbaum to sentence failed Times Square bomber Faisal Shahzad to life in prison Tuesday, because there was not much left to say. With a life sentence guaranteed for a man who had already declared his lack of remorse and implacable hatred for America, Cedarbaum did not engage in an extended exchange about the morality of what he had done. Shahzad smirked when he was ordered to prison for life, telling the judge, "I'm happy with the deal God has given me."
New Round of Layoffs Hits Husch Blackwell
The American Lawyer
Layoffs at Am Law 200 firms may have slowed from their frenetic pace of a year ago, but they haven't stopped altogether. The latest blip on the job-loss radar: Husch Blackwell, which reportedly let go of nearly 20 lawyers last month. While those laid off reportedly failed to meet their billable hour targets, the firm declined to get into specifics about the layoffs and would not say how many lawyers had been affected. In Husch Blackwell's last round of layoffs in March 2009, the firm let go of 17 lawyers and 45 staffers.
Courts Deal With Fallout of Judge's Arrest on Drug and Gun Charges
Fulton County Daily Report
Judges and attorneys in Georgia, Washington and Alabama spent Tuesday coping with fallout from U.S. District Senior Judge Jack T. Camp's arrest on federal drug and gun charges. Judges, including Chief Justice John Roberts Jr., sought someone to oversee the criminal case and determine how to reassign Camp's caseload. Some attorneys experienced in defending federal drug cases said the crimes with which Camp is charged, if prosecuted at all, would likely have been handled by local prosecutors, had Camp not been a federal judge.
All Federal Circuit Vacancies Now Have Nominees, but Quick Confirmation Unlikely
The National Law Journal
President Barack Obama's recent nomination of Jimmie Reyna for one of three vacancies on the U.S. Court of Appeals for the Federal Circuit covers all open slots and adds a candidate with deep international trade expertise. But court watchers expect that at least two of the confirmations to the 12-judge court, including Reyna's, will stretch into next year.
Fla. Judge Quashes State Subpoena in Foreclosure Probe
Daily Business Review
A Florida judge dealt a blow Monday to state AG Bill McCollum's investigation of foreclosure law firms by quashing a broad subpoena issued against one of the firms. The judge in a sharply worded order said it's up to the Florida Supreme Court and the Florida Bar to regulate attorneys, not the attorney general. He also called the subpoena of Shapiro & Fishman "overbroad, vague, inconsistent and unduly burdensome" as well as "invasive" and said it was unlikely to reveal "actionable conduct" by the firm.
Proskauer Rose Elects New Chairman
New York Law Journal
Proskauer Rose said Monday it had elected Joseph Leccese, 49, as its new chairman, making him the youngest elected chair in the firm's 135-year history. He will succeed Allen Fagin, who will step down in January after serving the maximum six-year term as chair. Leccese joined Proskauer in 1986 as an associate. As a partner in the corporate department and co-head of the sports law group, he counts among his clients the NBA and NHL. He represented Robert Wood Johnson IV when he bought the New York Jets for $635 million.
White & Williams to Shutter Pittsburgh Office
The Legal Intelligencer
White & Williams confirmed Tuesday that it is set to close its 10-year-old Pittsburgh office. The firm has five lawyers in the city, all in the firm's litigation department with a focus on medical malpractice defense. Although the Pittsburgh lawyers have "very significant" clients in the area of medical malpractice defense, that office didn't produce the cross-selling opportunities other offices have, said managing partner George Hartnett, noting that the Pittsburgh office's clients are "very Pittsburgh-centric."
Supreme Court Denies Ga. Death Penalty Appeal
Fulton County Daily Report
The U.S. Supreme Court on Monday let stand the Georgia Supreme Court's decision on Jamie Ryan Weis, who has been in jail facing the death penalty for more than four years while the Georgia Public Defender Standards Council struggles to pay for attorneys to handle his case. Weis, accused of the 2006 robbery-murder of Catherine King, had asked the Supreme Court to review a March decision by the Georgia high court that his constitutional right to a speedy trial had not been violated.
Lawyers on Both Sides of the Pond Gear Up for New U.K. Bribery Law
The American Lawyer
White-collar criminal lawyers on both sides of the Atlantic are bracing themselves for the new U.K. Bribery Act, which could generate significant legal work when it becomes law next year. The first change to U.K. bribery laws in more than a century, the act is primarily designed to tighten the country's regulatory framework. However, given the act's broad jurisdictional reach, most U.S. public companies are apt to be affected by what experts describe as the most draconian anti-corruption legislation in the world.
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Harvesting Evidence From the Sea of Text Messages
New York Law Journal
The explosive growth of text messaging presents litigators with new opportunities and challenges. To understand the utility of text messages as an evidentiary tool, say attorneys Alan Winchester and Russell Maines, it is important to understand what text messages are, and how they work.
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What Do Attorneys Wish Their Paralegals Knew?
The Legal Intelligencer
Paralegal Kim Walker polled several attorneys with the question, "What do attorneys wish their paralegals knew?" She uses the attorneys' answers as a starting point for advice on how paralegals can brush up on their skills and avoid the all-too-common problem of becoming complacent.
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The Careerist: First, Take a Shower
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. First, Take a Shower: Advice for the Unemployed Lawyer on Staying Disciplined And Think Firms Care About Morale? Also Time for a Lawyers' Tea Party?
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Growth of Consumer Debt Litigation Keeps Small Firms Busy
The Legal Intelligencer
A logical chain of events has been occurring recently: The recession has caused more consumer debts to go unpaid, which in turn, has led to more legal battles between consumers and their creditors. On one hand, debt collectors are suing consumers to collect the unpaid debts. On the other, consumer debtors are filing suits claiming debt collection harassment. Attorneys say such litigation has been on the rise over the past few years, and it's typically been small firms and solo attorneys that have benefited.
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Tuesday, October 05, 2010
Selections from the New York Times
October 5, 2010
Cities in Debt Turn to States, Adding Strain
By MARY WILLIAMS WALSH
A growing number of towns and cities are seeking refuge in programs that many states provide as alternatives to federal bankruptcy court.
Young Soldier Both Revered and Reviled
By WILLIAM YARDLEY
Members of Sgt. Calvin Gibbs’s unit in Afghanistan paint a picture of him as the ringleader of murders of Afghan civilians for sport while family and friends reject characterizations of him as a murderer.
Plan to Expand Rail Service Imperiled at State Level
By MICHAEL COOPER
Republicans running for governor in a handful of states could block
President Obama’s plan for high-speed rail.
Integrity at Issue in Connecticut Senate Debate
By RAYMOND HERNANDEZ
Richard Blumenthal and Linda E. McMahon questioned each other’s truthfulness and qualifications in a debate marked by tart exchanges.
11 Arrests in Alabama Bingo Investigation
By CAMPBELL ROBERTSON
Lobbyists and businessmen were also arrested in a wide-ranging
investigation into bribery and corruption.
SMARTER THAN YOU THINK
Aiming to Learn as We Do, a Machine Teaches Itself
By STEVE LOHR
Researchers are fine-tuning a computer system that is trying to master semantics by learning more like a human.
2 E-Books Cost More Than Amazon Hardcovers
By JULIE BOSMAN
E-book readers are used to paying less, but new titles from Ken Follett and James Patterson have bucked that trend.
CRITIC’S NOTEBOOK
Paris Rediscovers Monet’s Magic at Grand Palais
By MICHAEL KIMMELMAN
A major re-evaluation of the work of Claude Monet finds the enduring magic behind familiar images.{Note: This article contains great commentary on how Claude Monet approached his art.}
ON MESSAGE
In Ads, Democratic Candidates Play Down Party
By DAVID W. CHEN
In and around New York, Democrats seldom note in ads that they are Democrats, portraying themselves instead as independent-minded opponents of wasteful spending.
Integrity at Issue in Connecticut Senate Debate
By RAYMOND HERNANDEZ
Richard Blumenthal and Linda E. McMahon questioned each other’s truthfulness and qualifications in a debate marked by tart exchanges.
Comptroller Rivals Debate Wall Street Ties
By SAM DOLNICK
Harry Wilson, a Republican and former hedge fund manager, squared off against Thomas P. DiNapoli, the Democratic incumbent, in a lively back-and-forth.
EDITORIALS:
An Illegal Search, by GPS
The courts are wrestling with whether new technology requires them to think differently about what is a reasonable expectation of privacy.
Confusion Over Secure Communities
A data-sharing program between federal departments is blurring the line between local policing and federal immigration enforcement.
Cities in Debt Turn to States, Adding Strain
By MARY WILLIAMS WALSH
A growing number of towns and cities are seeking refuge in programs that many states provide as alternatives to federal bankruptcy court.
Young Soldier Both Revered and Reviled
By WILLIAM YARDLEY
Members of Sgt. Calvin Gibbs’s unit in Afghanistan paint a picture of him as the ringleader of murders of Afghan civilians for sport while family and friends reject characterizations of him as a murderer.
Plan to Expand Rail Service Imperiled at State Level
By MICHAEL COOPER
Republicans running for governor in a handful of states could block
President Obama’s plan for high-speed rail.
Integrity at Issue in Connecticut Senate Debate
By RAYMOND HERNANDEZ
Richard Blumenthal and Linda E. McMahon questioned each other’s truthfulness and qualifications in a debate marked by tart exchanges.
11 Arrests in Alabama Bingo Investigation
By CAMPBELL ROBERTSON
Lobbyists and businessmen were also arrested in a wide-ranging
investigation into bribery and corruption.
SMARTER THAN YOU THINK
Aiming to Learn as We Do, a Machine Teaches Itself
By STEVE LOHR
Researchers are fine-tuning a computer system that is trying to master semantics by learning more like a human.
2 E-Books Cost More Than Amazon Hardcovers
By JULIE BOSMAN
E-book readers are used to paying less, but new titles from Ken Follett and James Patterson have bucked that trend.
CRITIC’S NOTEBOOK
Paris Rediscovers Monet’s Magic at Grand Palais
By MICHAEL KIMMELMAN
A major re-evaluation of the work of Claude Monet finds the enduring magic behind familiar images.{Note: This article contains great commentary on how Claude Monet approached his art.}
ON MESSAGE
In Ads, Democratic Candidates Play Down Party
By DAVID W. CHEN
In and around New York, Democrats seldom note in ads that they are Democrats, portraying themselves instead as independent-minded opponents of wasteful spending.
Integrity at Issue in Connecticut Senate Debate
By RAYMOND HERNANDEZ
Richard Blumenthal and Linda E. McMahon questioned each other’s truthfulness and qualifications in a debate marked by tart exchanges.
Comptroller Rivals Debate Wall Street Ties
By SAM DOLNICK
Harry Wilson, a Republican and former hedge fund manager, squared off against Thomas P. DiNapoli, the Democratic incumbent, in a lively back-and-forth.
EDITORIALS:
An Illegal Search, by GPS
The courts are wrestling with whether new technology requires them to think differently about what is a reasonable expectation of privacy.
Confusion Over Secure Communities
A data-sharing program between federal departments is blurring the line between local policing and federal immigration enforcement.
Congressional Research Service (CRS) Reports Posted October 5, 2010*
Defense Logistical Support Contracts in Iraq and Afghanistan: Issues for Congress
Report No. RL33834
Subjects: Defense Policy; Afghanistan; Iraq
CRS Reports, 111th Congress (9/20/2010; Posted: 10/5/2010)
---------------------------------
Turkey: Politics of Identity and Power
Report No. R41368
Subjects: Turkey
CRS Reports, 111th Congress (9/21/2010; Posted: 10/5/2010)
---------------------------------
Public Financing of Congressional Campaigns: Overview and Analysis
Report No. RL33814
Subjects: Elections
CRS Reports, 111th Congress (9/17/2010; Posted: 10/5/2010)
---------------------------------
Pay Equity Legislation
Report No. RL31867
Subjects: Labor; Women's Issues
CRS Reports, 111th Congress (9/20/2010; Posted: 10/5/2010)
---------------------------------
Small Business Management and Technical Assistance Training Programs
Report No. R41352
Subjects: Business; Labor
CRS Reports, 111th Congress (9/17/2010; Posted: 10/5/2010)
---------------------------------
State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070
Report No. R41221
Subjects: Civil Rights and Liberties; Immigration
CRS Reports, 111th Congress (9/14/2010; Posted: 10/5/2010)
---------------------------------
The Federal Debt: An Analysis of Movements from World War II to the Present
Report No. RL34712
Subjects: Budget; Economic Policy
CRS Reports, 111th Congress (9/17/2010; Posted: 10/5/2010)
---------------------------------
Campaign Finance Policy After Citizens United v. Federal Election Commission: Issues and Options for Congress
Report No. R41054
Subjects: Elections
CRS Reports, 111th Congress (9/17/2010; Posted: 10/5/2010)
---------------------------------
Small Business Administration Microloan Program
Report No. R41057
Subjects: Business; Finance
CRS Reports, 111th Congress (9/17/2010; Posted: 10/5/2010)
---------------------------------
Chile: Political and Economic Conditions and U.S. Relations
Report No. R40126
Subjects: Chile
CRS Reports, 111th Congress (9/22/2010; Posted: 10/5/2010)
---------------------------------
The Low-Income Home Energy Assistance Program (LIHEAP): Program and Funding
Report No. RL31865
Subjects: Energy; Welfare
CRS Reports, 111th Congress (9/28/2010; Posted: 10/5/2010)
---------------------------------
Mandatory Spending Since 1962
Report No. RL33074
Subjects: Budget; Economic Policy
CRS Reports, 111th Congress (9/15/2010; Posted: 10/5/2010)
---------------------------------
Offshore Oil and Gas Development: Legal Framework
Report No. RL33404
Subjects: Energy; Natural Resources
CRS Reports, 111th Congress (9/20/2010; Posted: 10/5/2010)
---------------------------------
U.S.-Russian Civilian Nuclear Cooperation Agreement: Issues for Congress
Report No. RL34655
Subjects: Russia
CRS Reports, 111th Congress (9/17/2010; Posted: 10/5/2010)
---------------------------------
Alternative Fuels and Advanced Technology Vehicles: Issues for Congress
Report No. R40168
Subjects: Air Pollution; Energy; Technology; Transportation
CRS Reports, 111th Congress (9/22/2010; Posted: 10/5/2010)
---------------------------------
The New START Treaty: Central Limits and Key Provisions
Report No. R41219
Subjects: Russia; Defense Policy; National Defense
CRS Reports, 111th Congress (9/20/2010; Posted: 10/5/2010)
---------------------------------
Abortion: Judicial History and Legislative Response
Report No. RL33467
Subjects: Abortion
CRS Reports, 111th Congress (9/17/2010; Posted: 10/5/2010)
---------------------------------
Mental Health Parity and the Patient Protection and Affordable Care Act of 2010
Report No. R41249
Subjects: Health Policy
CRS Reports, 111th Congress (9/20/2010; Posted: 10/5/2010)
---------------------------------
Small Business Administration 504/CDC Loan Guaranty Program
Report No. R41184
Subjects: Business; Finance
CRS Reports, 111th Congress (9/17/2010; Posted: 10/5/2010)
---------------------------------
Summary of Small Business Health Insurance Tax Credit Under the Patient Protection and Affordable Care Act (PPACA)
Report No. R41158
Subjects: Business; Health Policy
CRS Reports, 111th Congress (9/21/2010; Posted: 10/5/2010)
__________________________
*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. RL33834
Subjects: Defense Policy; Afghanistan; Iraq
CRS Reports, 111th Congress (9/20/2010; Posted: 10/5/2010)
---------------------------------
Turkey: Politics of Identity and Power
Report No. R41368
Subjects: Turkey
CRS Reports, 111th Congress (9/21/2010; Posted: 10/5/2010)
---------------------------------
Public Financing of Congressional Campaigns: Overview and Analysis
Report No. RL33814
Subjects: Elections
CRS Reports, 111th Congress (9/17/2010; Posted: 10/5/2010)
---------------------------------
Pay Equity Legislation
Report No. RL31867
Subjects: Labor; Women's Issues
CRS Reports, 111th Congress (9/20/2010; Posted: 10/5/2010)
---------------------------------
Small Business Management and Technical Assistance Training Programs
Report No. R41352
Subjects: Business; Labor
CRS Reports, 111th Congress (9/17/2010; Posted: 10/5/2010)
---------------------------------
State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070
Report No. R41221
Subjects: Civil Rights and Liberties; Immigration
CRS Reports, 111th Congress (9/14/2010; Posted: 10/5/2010)
---------------------------------
The Federal Debt: An Analysis of Movements from World War II to the Present
Report No. RL34712
Subjects: Budget; Economic Policy
CRS Reports, 111th Congress (9/17/2010; Posted: 10/5/2010)
---------------------------------
Campaign Finance Policy After Citizens United v. Federal Election Commission: Issues and Options for Congress
Report No. R41054
Subjects: Elections
CRS Reports, 111th Congress (9/17/2010; Posted: 10/5/2010)
---------------------------------
Small Business Administration Microloan Program
Report No. R41057
Subjects: Business; Finance
CRS Reports, 111th Congress (9/17/2010; Posted: 10/5/2010)
---------------------------------
Chile: Political and Economic Conditions and U.S. Relations
Report No. R40126
Subjects: Chile
CRS Reports, 111th Congress (9/22/2010; Posted: 10/5/2010)
---------------------------------
The Low-Income Home Energy Assistance Program (LIHEAP): Program and Funding
Report No. RL31865
Subjects: Energy; Welfare
CRS Reports, 111th Congress (9/28/2010; Posted: 10/5/2010)
---------------------------------
Mandatory Spending Since 1962
Report No. RL33074
Subjects: Budget; Economic Policy
CRS Reports, 111th Congress (9/15/2010; Posted: 10/5/2010)
---------------------------------
Offshore Oil and Gas Development: Legal Framework
Report No. RL33404
Subjects: Energy; Natural Resources
CRS Reports, 111th Congress (9/20/2010; Posted: 10/5/2010)
---------------------------------
U.S.-Russian Civilian Nuclear Cooperation Agreement: Issues for Congress
Report No. RL34655
Subjects: Russia
CRS Reports, 111th Congress (9/17/2010; Posted: 10/5/2010)
---------------------------------
Alternative Fuels and Advanced Technology Vehicles: Issues for Congress
Report No. R40168
Subjects: Air Pollution; Energy; Technology; Transportation
CRS Reports, 111th Congress (9/22/2010; Posted: 10/5/2010)
---------------------------------
The New START Treaty: Central Limits and Key Provisions
Report No. R41219
Subjects: Russia; Defense Policy; National Defense
CRS Reports, 111th Congress (9/20/2010; Posted: 10/5/2010)
---------------------------------
Abortion: Judicial History and Legislative Response
Report No. RL33467
Subjects: Abortion
CRS Reports, 111th Congress (9/17/2010; Posted: 10/5/2010)
---------------------------------
Mental Health Parity and the Patient Protection and Affordable Care Act of 2010
Report No. R41249
Subjects: Health Policy
CRS Reports, 111th Congress (9/20/2010; Posted: 10/5/2010)
---------------------------------
Small Business Administration 504/CDC Loan Guaranty Program
Report No. R41184
Subjects: Business; Finance
CRS Reports, 111th Congress (9/17/2010; Posted: 10/5/2010)
---------------------------------
Summary of Small Business Health Insurance Tax Credit Under the Patient Protection and Affordable Care Act (PPACA)
Report No. R41158
Subjects: Business; Health Policy
CRS Reports, 111th Congress (9/21/2010; Posted: 10/5/2010)
__________________________
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.
New York Law Journal: Decisions of Interest October 5, 2010
If you are already an online subscriber to this NYLJ service you should be able to click on any of the links provided below, sign in, and access any of the corresponding decisions.
http://www.nylj.com
Subscription required for online access unless otherwise noted:
Tuesday, October 5, 2010
Appellate Division, Second Department
Criminal Practice
'Cumulative Errors' at Trial Void Murder Conviction, Panel Finds
People v. Slide, 1554A-07
FREE WITH REGISRATION
U.S. District Court, Southern District
Civil Rights
Judge Upholds Arrest of Two RNC Protestors
Marcavage v. City of New York, 05 Civ. 4949 (RJS)
FREE WITH REGISTRATION
NEW YORK COUNTY
Damages
Court Denies Use of Expert to Establish Applicability of Minority Discount
Cole v. Macklowe
NEW YORK COUNTY
Torts
Triable Issues Exist if Restaurant Created Dangerous Condition With Poor Lighting
Kleiman v. Craftsteak NYC LLC
NEW YORK COUNTY
Civil Practice
Complaint Is Dismissed Over Insurer's Failure to Pursue Default Judgment
Nat'l Union Fire Ins. Co. of Pittsburgh, PA v. Rucker
WESTCHESTER COUNTY
Administrative Law
Evidence Shows Respondent Did Not Possess Necessary Character to Retain Pistol License
Matter of May
WESTCHESTER COUNTY
Civil Practice
Doctor's Contention Found Meritless That Authorizations May Be Combined
Akalski v. Counsell
ROCKLAND COUNTY
Government
County's Waiver of Defect Had Rational Basis; Mandamus Relief, Annulling Contract Denied
Metra Industries Corp. v. Rockland County Sewer District No. 1
U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Court Erred in Applying 18-Level Enhancement in Re-Entry Case
United States v. Folkes
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Family Law
Referee, Guardian Found Immune From Claims in Protection Order Case
Wilson v. Wilson-Polson
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Admiralty
Ship Owner Denied Attachment In Aid of Arbitration in London
Swift Splash Ltd. v. The Rice Corp.
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Intellectual Property
Court Dismisses RICO, Infringement Claims Arising From 'Theft' of Idea for TV Show
5 Plus 7 Inc. v. British Broadcasting Corp.
U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Civil Practice
Contribution, Indemnification Cross-Claims Are Dismissed in Exercise Device Injury Case
Bloom v. ProMaxima Manufacturing Co.
http://www.nylj.com
Subscription required for online access unless otherwise noted:
Tuesday, October 5, 2010
Appellate Division, Second Department
Criminal Practice
'Cumulative Errors' at Trial Void Murder Conviction, Panel Finds
People v. Slide, 1554A-07
FREE WITH REGISRATION
U.S. District Court, Southern District
Civil Rights
Judge Upholds Arrest of Two RNC Protestors
Marcavage v. City of New York, 05 Civ. 4949 (RJS)
FREE WITH REGISTRATION
NEW YORK COUNTY
Damages
Court Denies Use of Expert to Establish Applicability of Minority Discount
Cole v. Macklowe
NEW YORK COUNTY
Torts
Triable Issues Exist if Restaurant Created Dangerous Condition With Poor Lighting
Kleiman v. Craftsteak NYC LLC
NEW YORK COUNTY
Civil Practice
Complaint Is Dismissed Over Insurer's Failure to Pursue Default Judgment
Nat'l Union Fire Ins. Co. of Pittsburgh, PA v. Rucker
WESTCHESTER COUNTY
Administrative Law
Evidence Shows Respondent Did Not Possess Necessary Character to Retain Pistol License
Matter of May
WESTCHESTER COUNTY
Civil Practice
Doctor's Contention Found Meritless That Authorizations May Be Combined
Akalski v. Counsell
ROCKLAND COUNTY
Government
County's Waiver of Defect Had Rational Basis; Mandamus Relief, Annulling Contract Denied
Metra Industries Corp. v. Rockland County Sewer District No. 1
U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Court Erred in Applying 18-Level Enhancement in Re-Entry Case
United States v. Folkes
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Family Law
Referee, Guardian Found Immune From Claims in Protection Order Case
Wilson v. Wilson-Polson
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Admiralty
Ship Owner Denied Attachment In Aid of Arbitration in London
Swift Splash Ltd. v. The Rice Corp.
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Intellectual Property
Court Dismisses RICO, Infringement Claims Arising From 'Theft' of Idea for TV Show
5 Plus 7 Inc. v. British Broadcasting Corp.
U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Civil Practice
Contribution, Indemnification Cross-Claims Are Dismissed in Exercise Device Injury Case
Bloom v. ProMaxima Manufacturing Co.
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