For week ending October 15, 2010
TEN TOP STORIES
Legal Ethics
Lawyer Disbarred for $3,500-an-Hour Fee and 'Bizarre Behavior'
Oct 13, 2010, 10:07 am CDT
Plus: Retired Judge to be Tried for Perjury, Admits Letting Witness Lie to Protect Paid Informant
Oct 13, 2010, 02:57 pm CDT
Law Firms
Six Wildman Harrold Partners Unsure When Firm Will Allow Them to Leave
Oct 12, 2010, 08:51 am CDT
Plus: Layoffs of Perhaps 100 Follow Work Slowdown at Fla. Foreclosure Law Firm
Oct 13, 2010, 12:24 pm CDT
Careers
Conservative Commentator Ann Coulter Hated Law Firm 'Suck-Uppery'
Oct 12, 2010, 08:02 am CDT
Plus:
Labor Report Cites Rise in Nontraditional Jobs for Lawyers, Good Paralegal Prospects
Oct 12, 2010, 05:30 am CDT
When Giving Notice, Be Positive and Pick a Friday, Consultants Say
Oct 14, 2010, 05:30 am CDT
At 81, Entertainment Lawyer Bert Fields Still Bills 3,000 Hours a Year
Oct 8, 2010, 05:30 am CDT
Judiciary
Wisconsin Judge Has Dress Code for Lawyers and Beverages
Oct 14, 2010, 09:32 am CDT
Plus: Public Warning Tossed Against 'We Close at 5' Texas Judge
Oct 12, 2010, 07:16 am CDT
The New Normal
Our New Blog: 'The New Normal'
Oct 13, 2010, 05:31 pm CDT
Plus: 'We Don't Do Commodity Work' and Other Definitions
Oct 14, 2010, 09:15 am CDT
Constitutional Law
Repeal the 17th Amendment? Some Candidates Back the Idea
Oct 13, 2010, 05:30 am CDT
U.S. Supreme Court
'CSI Effect' Grips the U.S. Supreme Court
Oct 13, 2010, 09:23 am CDT
International Law
US Lags Well Behind Other Wealthy Nations on Rule of Law, Report Says
Oct 14, 2010, 08:00 am CDT
Government Law
Proposed Leaf-Blower Ban Generates Lots of Noise from Irked Citizens
Oct 13, 2010, 02:09 pm CDT
Tort Law
Who's Liable for a Driverless Car Accident? Google Test Raises the Issue
Oct 12, 2010, 08:35 am CDT
Friday, October 15, 2010
Congressional Research Service (CRS) Reports Posted October 15, 2010
Mountaintop Mining: Background on Current Controversies
Report No. RS21421
Subjects: Natural Resources; Public Lands
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)
---------------------------------
The Help America Vote Act and Elections Reform: Overview and Issues
Report No. RS20898
Subjects: Elections
CRS Reports, 111th Congress (10/1/2010; Posted: 10/15/2010)
---------------------------------
Same-Sex Adoptions
Report No. RS21191
Subjects: Civil Rights and Liberties; Families; Minorities
CRS Reports, 111th Congress (10/5/2010; Posted: 10/15/2010)
---------------------------------
The Uniformed and Overseas Citizens Absentee Voting Act: Overview and Issues
Report No. RS20764
Subjects: Defense; Elections; Defense Policy
CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)
---------------------------------
Uganda: Current Conditions and the Crisis in North Uganda
Report No. RL33701
Subjects: Uganda
CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)
---------------------------------
Iraq: Politics, Elections, and Benchmarks
Report No. RS21968
Subjects: Iraq
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)
---------------------------------
Tanzania: Background and Current Conditions
Report No. RS22781
Subjects: Tanzania
CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)
---------------------------------
The Small Business Innovation Research (SBIR) Program: Reauthorization Efforts
Report No. RS22865
Subjects: Business; Science Policy; Technology
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)
---------------------------------
The Conforming Loan Limit
Report No. RS22172
Subjects: Finance; Housing
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)
---------------------------------
Small Business Innovation Research (SBIR) Program
Report No. 96-402
Subjects: Business; Technology
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)
---------------------------------
Japan-U.S. Relations: Issues for Congress
Report No. RL33436
Subjects: Japan
CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)
---------------------------------
The Temporary Assistance for Needy Families (TANF) Block Grant: Responses to Frequently Asked Questions
Report No. RL32760
Subjects: Welfare
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)
---------------------------------
Armed Career Criminal Act (18 U.S.C. 924(e)): An Overview
Report No. R41449
Subjects: Criminal Justice; Law
CRS Reports, 111th Congress (10/13/2010; Posted: 10/15/2010)
---------------------------------
Burma's 2010 Election Campaign: Issues for Congress
Report No. R41447
Subjects: Burma
CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)
---------------------------------
Kazakhstan: Recent Developments and U.S. Interests
Report No. 97-1058
Subjects: Kazakhstan
CRS Reports, 111th Congress (10/5/2010; Posted: 10/15/2010)
---------------------------------
Drug Courts: Background, Effectiveness, and Policy Issues for Congress
Report No. R41448
Subjects: Criminal Justice; Drug Abuse
CRS Reports, 111th Congress (10/12/2010; Posted: 10/15/2010)
---------------------------------
Federal Land Management Agencies' Mandatory Spending Authorities
Report No. RL30335
Subjects: Budget; Public Lands
CRS Reports, 111th Congress (10/5/2010; Posted: 10/15/2010)
---------------------------------
Poverty in the United States: 2009
Report No. RL33069
Subjects: Economic Policy; Welfare
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)
Report No. RS21421
Subjects: Natural Resources; Public Lands
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)
---------------------------------
The Help America Vote Act and Elections Reform: Overview and Issues
Report No. RS20898
Subjects: Elections
CRS Reports, 111th Congress (10/1/2010; Posted: 10/15/2010)
---------------------------------
Same-Sex Adoptions
Report No. RS21191
Subjects: Civil Rights and Liberties; Families; Minorities
CRS Reports, 111th Congress (10/5/2010; Posted: 10/15/2010)
---------------------------------
The Uniformed and Overseas Citizens Absentee Voting Act: Overview and Issues
Report No. RS20764
Subjects: Defense; Elections; Defense Policy
CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)
---------------------------------
Uganda: Current Conditions and the Crisis in North Uganda
Report No. RL33701
Subjects: Uganda
CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)
---------------------------------
Iraq: Politics, Elections, and Benchmarks
Report No. RS21968
Subjects: Iraq
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)
---------------------------------
Tanzania: Background and Current Conditions
Report No. RS22781
Subjects: Tanzania
CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)
---------------------------------
The Small Business Innovation Research (SBIR) Program: Reauthorization Efforts
Report No. RS22865
Subjects: Business; Science Policy; Technology
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)
---------------------------------
The Conforming Loan Limit
Report No. RS22172
Subjects: Finance; Housing
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)
---------------------------------
Small Business Innovation Research (SBIR) Program
Report No. 96-402
Subjects: Business; Technology
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)
---------------------------------
Japan-U.S. Relations: Issues for Congress
Report No. RL33436
Subjects: Japan
CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)
---------------------------------
The Temporary Assistance for Needy Families (TANF) Block Grant: Responses to Frequently Asked Questions
Report No. RL32760
Subjects: Welfare
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)
---------------------------------
Armed Career Criminal Act (18 U.S.C. 924(e)): An Overview
Report No. R41449
Subjects: Criminal Justice; Law
CRS Reports, 111th Congress (10/13/2010; Posted: 10/15/2010)
---------------------------------
Burma's 2010 Election Campaign: Issues for Congress
Report No. R41447
Subjects: Burma
CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)
---------------------------------
Kazakhstan: Recent Developments and U.S. Interests
Report No. 97-1058
Subjects: Kazakhstan
CRS Reports, 111th Congress (10/5/2010; Posted: 10/15/2010)
---------------------------------
Drug Courts: Background, Effectiveness, and Policy Issues for Congress
Report No. R41448
Subjects: Criminal Justice; Drug Abuse
CRS Reports, 111th Congress (10/12/2010; Posted: 10/15/2010)
---------------------------------
Federal Land Management Agencies' Mandatory Spending Authorities
Report No. RL30335
Subjects: Budget; Public Lands
CRS Reports, 111th Congress (10/5/2010; Posted: 10/15/2010)
---------------------------------
Poverty in the United States: 2009
Report No. RL33069
Subjects: Economic Policy; Welfare
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)
New York Law Journal: Decisions of Interest October 15, 2010
U.S. Court Of Appeals, Second Circuit
Attorneys Fees
Law Firm That Claims It Was 'Solely Responsible' for Settlement Denied Additional $17 Million in Fees
In Re Adelphia Communications Corp, 08-4904-cv
Supreme Court, Nassau County
Legal Profession
Malpractice Suit Based on Cause of Action Pointed Out to Counsel by Client's Mother Proceeds
Eric Reisner v. Litman & Litman, P.C., 18527/07
NEW YORK COUNTY
Criminal Practice
Nod, Production of Drugs Ruled Non-Verbal Admission, Product of 'Miranda' Violation
People v. Crespo
NEW YORK COUNTY
Criminal Practice
Stalking Charge Is Dismissed; Fears Of Complainant Are Found Unreasonable
People v. Lewis
BRONX COUNTY
Family Law
Inquest Transcript States Intent to Cover College Tuition Without Age Limitation
Bracy v. Nibbs-Bracy
KINGS COUNTY
Criminal Practice
Defendants Cannot Receive Jail Credit On State Sentence While in Federal Custody
People v. Paccione
QUEENS COUNTY
Criminal Practice
Suppression of Guns Is Denied; Request to Exit Car Ruled de Minimus
People v. Hines and Thomas
QUEENS COUNTY
Juvenile Law
Juvenile's Placement With State Agency Found Least Restrictive Alternative
Matter of Naldo X.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
Insurer Is Not Obligated Under Plan To Conduct Independent Exam
Rotondi v. Hartford Life
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
Securities Class Action Sufficiently Pleads Scienter for False, Misleading Statements
CLAL Finance Batucha Investment Management Ltd. v. Perrigo Co.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Fired Worker Who Discussed Retirement With Employer Fails to Raise Inference of Age Bias
Boston v. MacFadden Publishing Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Ineffective Assistance Claims Is Dismissed; Court Notes Rapport Between Counsel, Client
Roman v. United States
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Federally Protected Constitutional Right Ruled Not Implicated by 'Jury Note' Claim
Johnson v. Graham
Attorneys Fees
Law Firm That Claims It Was 'Solely Responsible' for Settlement Denied Additional $17 Million in Fees
In Re Adelphia Communications Corp, 08-4904-cv
Supreme Court, Nassau County
Legal Profession
Malpractice Suit Based on Cause of Action Pointed Out to Counsel by Client's Mother Proceeds
Eric Reisner v. Litman & Litman, P.C., 18527/07
NEW YORK COUNTY
Criminal Practice
Nod, Production of Drugs Ruled Non-Verbal Admission, Product of 'Miranda' Violation
People v. Crespo
NEW YORK COUNTY
Criminal Practice
Stalking Charge Is Dismissed; Fears Of Complainant Are Found Unreasonable
People v. Lewis
BRONX COUNTY
Family Law
Inquest Transcript States Intent to Cover College Tuition Without Age Limitation
Bracy v. Nibbs-Bracy
KINGS COUNTY
Criminal Practice
Defendants Cannot Receive Jail Credit On State Sentence While in Federal Custody
People v. Paccione
QUEENS COUNTY
Criminal Practice
Suppression of Guns Is Denied; Request to Exit Car Ruled de Minimus
People v. Hines and Thomas
QUEENS COUNTY
Juvenile Law
Juvenile's Placement With State Agency Found Least Restrictive Alternative
Matter of Naldo X.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
Insurer Is Not Obligated Under Plan To Conduct Independent Exam
Rotondi v. Hartford Life
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
Securities Class Action Sufficiently Pleads Scienter for False, Misleading Statements
CLAL Finance Batucha Investment Management Ltd. v. Perrigo Co.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Fired Worker Who Discussed Retirement With Employer Fails to Raise Inference of Age Bias
Boston v. MacFadden Publishing Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Ineffective Assistance Claims Is Dismissed; Court Notes Rapport Between Counsel, Client
Roman v. United States
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Federally Protected Constitutional Right Ruled Not Implicated by 'Jury Note' Claim
Johnson v. Graham
New York Law Journal: Lead Articles October 15, 2010
October 15, 2010.
Friday, October 15, 2010
D.A. Seeks to Block Judge's Bid to Review Ethics of Questioning
D.A. Brown Opposes Reappointment of Judge for Alleged Bias, Sources Say
Full Ruling Released That Blocked Terror Trial Witness
Circuit Recognizes Contribution of Firm, but Rebuffs Fee Request
Malpractice Suit Goes Forward Over Late Filing to County
News In Brief
High-Stakes Preemption Challenge Is Hard Fought
Correction
Friday, October 15, 2010
D.A. Seeks to Block Judge's Bid to Review Ethics of Questioning
D.A. Brown Opposes Reappointment of Judge for Alleged Bias, Sources Say
Full Ruling Released That Blocked Terror Trial Witness
Circuit Recognizes Contribution of Firm, but Rebuffs Fee Request
Malpractice Suit Goes Forward Over Late Filing to County
News In Brief
High-Stakes Preemption Challenge Is Hard Fought
Correction
LAW.COM Newswire Highlights October 15, 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
Fla. Judge Says States' Health Law Challenge Can Go Forward
The National Law Journal
A federal judge in Florida has rejected the Obama administration's motion to dismiss a challenge to the new health care reform law brought by 20 state attorneys general and four governors. The judge ruled that two key claims could go forward: the states' claim that the individual mandate to purchase coverage exceeds Congress' commerce clause power and violates the Ninth and 10th Amendments, and the claim that the act unconstitutionally coerces and commandeers the states with respect to the Medicaid program.
Government Asks for Stay of Injunction Against 'Don't Ask'
The National Law Journal
The Justice Department has filed a notice of appeal and a motion to stay the enforcement of a worldwide injunction barring enforcement of "don't ask, don't tell," the law that bans open homosexuals from serving in the military. In court filings on Thursday, the Justice Department, citing "serious legal questions," said the military would be "irreparably harmed" if U.S. District Judge Virginia Phillips failed to stay her injunction while the government pursues an appeal.
Judge Dismisses Class Action Against Countrywide, Rules BofA Not Obligated to Buy Back Mortgages
The American Lawye
For the second time in three weeks, Bank of America has escaped liability in cases involving the Countrywide mortgage business it acquired in 2008. Last month, a federal judge dismissed claims by two trusts that had bought $43 million of residential mortgage-backed securities from Countrywide. And now BofA has won the dismissal of a high-stakes purported class action brought on behalf of more than 370 trusts that bought securitized mortgages from Countrywide.
2nd Circuit Recognizes Firm's Contribution, but Rebuffs $17 Million Fee Request
New York Law Journal
A law firm that claimed it was "solely responsible" for a $245 million class action settlement has lost its bid to receive an additional $17 million in attorney fees. While the 2nd Circuit agreed that non-lead counsel Chimicles & Tikellis had conferred a substantial benefit on the class, it held that the district court had not erred when it approved the lead counsel's allocation of only $155,610 in attorney fees to the firm. The fee dispute arose from a wave of suits brought against Adelphia Communications.
Calif. Appeals Court Says Fee Arbitrator Should Have Disclosed Clientele
The Recorder
A California appeals court has backed a woman fighting her former law firm over unpaid fees, ruling that the lawyer who acted as chief arbitrator should have disclosed that he regularly represents law firms in fee disputes. The court emphasized that it wasn't suggesting that Howard Rice partner Sean SeLegue harbors bias, but concluded that SeLegue's legal practice might have led the former client to "reasonably entertain a doubt" that he would be able to arbitrate the dispute impartially.
General Counsel's Hiring Sparks Ethics Firestorm
Corporate Counsel
The former general counsel of the Indiana Utility Regulatory Commission has sparked an ethics firestorm after he took a job as assistant GC of Duke Energy Corp.'s Indiana affiliate. Scott Storms allegedly sought the job while he was overseeing hearings and other matters related to the giant electrical company. The parent company has suspended Storms, along with the CEO of its Indiana operations, pending an internal investigation of whether Storms did any favors for the company while he was actively seeking the job.
Judge-cum-Comedian's Appeal Tests N.J. Court System's Sense of Humor
New Jersey Law Journal
New Jersey Judge Vincenzo Sicari -- alias comic "Vince August" -- is in an ethics pickle. Like many stand-up comics, his material is a mix of ranting and self-deprecating jokes about his personal life, racial stereotypes and society, but the Advisory Committee on Extrajudicial Activities said he can't decide cases by day and do shtick by night. His term on the bench ends Dec. 31, but Sicari isn't taking the ultimatum lying down. He's asked the state Supreme Court for review, and the justices have agreed to hear the case.
In Rare Move, AARP Joins Pharma False Claims Act Case as Plaintiff's Co-Counsel
The American Lawyer
The Texas branch of AARP is entering a qui tam case against Abbott Laboratories, Cordis and Boston Scientific as co-counsel for the plaintiff, Kevin Colquitt, a former Guidant sales representative who's now a lawyer at Baron & Budd. An AARP lawyer said AARP has appeared as an amicus in False Claims Act cases, but, to her knowledge, the organization hasn't previously joined as co-counsel. Another of Colquitt's attorneys said it's very unusual for a large, powerful nonprofit to take a prominent position in a qui tam case.
Citigroup Accused of Using Recession as Pretext for Firing Women
The Associated Press
Citigroup was accused in a lawsuit Wednesday of using companywide layoffs during the recent financial turmoil to purge scores of female employees while saving the jobs of less-qualified men and of taking government bailout money even as the company continued a pattern of "pervasive discrimination and retaliation." According to the suit, the company has long been plagued by a "boys club" atmosphere that ensures that middle and senior management positions will be held by men.
CVS to Pay $77 Million for Violating Controls on Methamphetamine Precursor Drug
The National Law Journal
CVS Pharmacy, which operates the largest number of retail pharmacies in the U.S., has agreed to pay more than $77 million to settle charges that it illegally sold pseudoephedrine to methamphetamine traffickers, federal prosecutors said Thursday. Pseudoephedrine, found in over-the-counter cough and cold medications, is used in the manufacturing of methamphetamine. CVS will pay $75 million in civil penalties -- the largest civil penalty ever paid under the Controlled Substances Act -- and forfeit $2.6 million in profits.
Fla. Judges Refuse to Lift $250,000 Damages Cap for Med-Mal Case
Daily Business Review
A state appellate decision limiting damages in a medical malpractice case has plaintiffs attorneys contending it will make arbitration a less desirable option for resolving negligence cases. The Florida court concluded a state cap on noneconomic damages in arbitration cases lets victims receive up to $250,000 per claimant, but not per defendant. The panel sided with health care providers, ruling that a dead man's family could not draw more damages than originally awarded by an arbitration panel.
U.S. Building Council GC Kicks Off Green Matters Conference
Law Technology News
Susan Dorn, general counsel of the U.S. Green Building Council and its affiliated Green Building Certification Institute, opened the Green Matters conference in New Orleans with updates on the LEED green building certification program and green schools. The conference addresses government, legal, and architecture issues in going and staying green.
Visit Legal Technology
Report Details Law Firm Earnings for TARP Work
The National Law Journal
The Congressional Oversight Panel on Thursday released a report detailing how much Treasury has paid to 18 law firms that have been awarded contracts since the program began in late 2008. In most cases, the difference between the potential contract value and the amount owed is significant.
Visit lawjobs.com News & Views
Increasing the Presence of Lawyers With Disabilities
The National Law Journal
Doors are opening more and more for disabled attorneys both through advances in technology and changing attitudes toward the rights and abilities of those with handicaps. But much more can be done, and advocates continue to push for better inclusion of disabled attorneys in the legal field.
Visit lawjobs.com News & Views
The Careerist: How to Keep Associates Satisfied
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. How to Keep Them Satisfied: How Paul Hastings jumped from 66th to sixth place on The American Lawyer's midlevel associates survey Plus Bond Like the Big Boys Also Unsexy Jobs, Part 2
Visit The Careerist
Ex-Legal Aid Attorneys Allege Employer Violated Wiretap Act
Texas Lawyer
Two former attorneys at Legal Aid of NorthWest Texas have sued the organization and two of its executives, alleging the defendants violated the Texas Wiretap Act when a telephone conversation they had at work with a co-worker was intercepted and recorded. Kervyn B. Altaffer Jr. and Sophia Katherine Palat, now practicing together at Altaffer & Palat, each say they resigned from LANWT in September 2009 after they learned of the recording. "I handed in a letter, and I left. This was kind of a big deal," Palat says.
Visit Small Firm Business
Fla. Judge Says States' Health Law Challenge Can Go Forward
The National Law Journal
A federal judge in Florida has rejected the Obama administration's motion to dismiss a challenge to the new health care reform law brought by 20 state attorneys general and four governors. The judge ruled that two key claims could go forward: the states' claim that the individual mandate to purchase coverage exceeds Congress' commerce clause power and violates the Ninth and 10th Amendments, and the claim that the act unconstitutionally coerces and commandeers the states with respect to the Medicaid program.
Government Asks for Stay of Injunction Against 'Don't Ask'
The National Law Journal
The Justice Department has filed a notice of appeal and a motion to stay the enforcement of a worldwide injunction barring enforcement of "don't ask, don't tell," the law that bans open homosexuals from serving in the military. In court filings on Thursday, the Justice Department, citing "serious legal questions," said the military would be "irreparably harmed" if U.S. District Judge Virginia Phillips failed to stay her injunction while the government pursues an appeal.
Judge Dismisses Class Action Against Countrywide, Rules BofA Not Obligated to Buy Back Mortgages
The American Lawye
For the second time in three weeks, Bank of America has escaped liability in cases involving the Countrywide mortgage business it acquired in 2008. Last month, a federal judge dismissed claims by two trusts that had bought $43 million of residential mortgage-backed securities from Countrywide. And now BofA has won the dismissal of a high-stakes purported class action brought on behalf of more than 370 trusts that bought securitized mortgages from Countrywide.
2nd Circuit Recognizes Firm's Contribution, but Rebuffs $17 Million Fee Request
New York Law Journal
A law firm that claimed it was "solely responsible" for a $245 million class action settlement has lost its bid to receive an additional $17 million in attorney fees. While the 2nd Circuit agreed that non-lead counsel Chimicles & Tikellis had conferred a substantial benefit on the class, it held that the district court had not erred when it approved the lead counsel's allocation of only $155,610 in attorney fees to the firm. The fee dispute arose from a wave of suits brought against Adelphia Communications.
Calif. Appeals Court Says Fee Arbitrator Should Have Disclosed Clientele
The Recorder
A California appeals court has backed a woman fighting her former law firm over unpaid fees, ruling that the lawyer who acted as chief arbitrator should have disclosed that he regularly represents law firms in fee disputes. The court emphasized that it wasn't suggesting that Howard Rice partner Sean SeLegue harbors bias, but concluded that SeLegue's legal practice might have led the former client to "reasonably entertain a doubt" that he would be able to arbitrate the dispute impartially.
General Counsel's Hiring Sparks Ethics Firestorm
Corporate Counsel
The former general counsel of the Indiana Utility Regulatory Commission has sparked an ethics firestorm after he took a job as assistant GC of Duke Energy Corp.'s Indiana affiliate. Scott Storms allegedly sought the job while he was overseeing hearings and other matters related to the giant electrical company. The parent company has suspended Storms, along with the CEO of its Indiana operations, pending an internal investigation of whether Storms did any favors for the company while he was actively seeking the job.
Judge-cum-Comedian's Appeal Tests N.J. Court System's Sense of Humor
New Jersey Law Journal
New Jersey Judge Vincenzo Sicari -- alias comic "Vince August" -- is in an ethics pickle. Like many stand-up comics, his material is a mix of ranting and self-deprecating jokes about his personal life, racial stereotypes and society, but the Advisory Committee on Extrajudicial Activities said he can't decide cases by day and do shtick by night. His term on the bench ends Dec. 31, but Sicari isn't taking the ultimatum lying down. He's asked the state Supreme Court for review, and the justices have agreed to hear the case.
In Rare Move, AARP Joins Pharma False Claims Act Case as Plaintiff's Co-Counsel
The American Lawyer
The Texas branch of AARP is entering a qui tam case against Abbott Laboratories, Cordis and Boston Scientific as co-counsel for the plaintiff, Kevin Colquitt, a former Guidant sales representative who's now a lawyer at Baron & Budd. An AARP lawyer said AARP has appeared as an amicus in False Claims Act cases, but, to her knowledge, the organization hasn't previously joined as co-counsel. Another of Colquitt's attorneys said it's very unusual for a large, powerful nonprofit to take a prominent position in a qui tam case.
Citigroup Accused of Using Recession as Pretext for Firing Women
The Associated Press
Citigroup was accused in a lawsuit Wednesday of using companywide layoffs during the recent financial turmoil to purge scores of female employees while saving the jobs of less-qualified men and of taking government bailout money even as the company continued a pattern of "pervasive discrimination and retaliation." According to the suit, the company has long been plagued by a "boys club" atmosphere that ensures that middle and senior management positions will be held by men.
CVS to Pay $77 Million for Violating Controls on Methamphetamine Precursor Drug
The National Law Journal
CVS Pharmacy, which operates the largest number of retail pharmacies in the U.S., has agreed to pay more than $77 million to settle charges that it illegally sold pseudoephedrine to methamphetamine traffickers, federal prosecutors said Thursday. Pseudoephedrine, found in over-the-counter cough and cold medications, is used in the manufacturing of methamphetamine. CVS will pay $75 million in civil penalties -- the largest civil penalty ever paid under the Controlled Substances Act -- and forfeit $2.6 million in profits.
Fla. Judges Refuse to Lift $250,000 Damages Cap for Med-Mal Case
Daily Business Review
A state appellate decision limiting damages in a medical malpractice case has plaintiffs attorneys contending it will make arbitration a less desirable option for resolving negligence cases. The Florida court concluded a state cap on noneconomic damages in arbitration cases lets victims receive up to $250,000 per claimant, but not per defendant. The panel sided with health care providers, ruling that a dead man's family could not draw more damages than originally awarded by an arbitration panel.
U.S. Building Council GC Kicks Off Green Matters Conference
Law Technology News
Susan Dorn, general counsel of the U.S. Green Building Council and its affiliated Green Building Certification Institute, opened the Green Matters conference in New Orleans with updates on the LEED green building certification program and green schools. The conference addresses government, legal, and architecture issues in going and staying green.
Visit Legal Technology
Report Details Law Firm Earnings for TARP Work
The National Law Journal
The Congressional Oversight Panel on Thursday released a report detailing how much Treasury has paid to 18 law firms that have been awarded contracts since the program began in late 2008. In most cases, the difference between the potential contract value and the amount owed is significant.
Visit lawjobs.com News & Views
Increasing the Presence of Lawyers With Disabilities
The National Law Journal
Doors are opening more and more for disabled attorneys both through advances in technology and changing attitudes toward the rights and abilities of those with handicaps. But much more can be done, and advocates continue to push for better inclusion of disabled attorneys in the legal field.
Visit lawjobs.com News & Views
The Careerist: How to Keep Associates Satisfied
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. How to Keep Them Satisfied: How Paul Hastings jumped from 66th to sixth place on The American Lawyer's midlevel associates survey Plus Bond Like the Big Boys Also Unsexy Jobs, Part 2
Visit The Careerist
Ex-Legal Aid Attorneys Allege Employer Violated Wiretap Act
Texas Lawyer
Two former attorneys at Legal Aid of NorthWest Texas have sued the organization and two of its executives, alleging the defendants violated the Texas Wiretap Act when a telephone conversation they had at work with a co-worker was intercepted and recorded. Kervyn B. Altaffer Jr. and Sophia Katherine Palat, now practicing together at Altaffer & Palat, each say they resigned from LANWT in September 2009 after they learned of the recording. "I handed in a letter, and I left. This was kind of a big deal," Palat says.
Visit Small Firm Business
Tuesday, October 12, 2010
Congressional Research Service (CRS) Reports Posted October 12, 2010*
Biomass Feedstocks for Biopower: Background and Selected Issues
Report No. R41440
Subjects: Energy
CRS Reports, 111th Congress (10/6/2010; Posted: 10/12/2010)
---------------------------------
U.S. Military Casualty Statistics: Operation Iraqi Freedom, and Operation Enduring Freedom
Report No. RS22452
Subjects: Defense Policy; Afghanistan; Iraq
CRS Reports, 111th Congress (9/28/2010; Posted: 10/12/2010)
---------------------------------
Taiwan: Major U.S. Arms Sales Since 1990
Report No. RL30957
Subjects: Taiwan
CRS Reports, 111th Congress (9/28/2010; Posted: 10/12/2010)
---------------------------------
Hezbollah: Background and Issues for Congress
Report No. R41446
Subjects: Terrorism; Israel; Lebanon; Palestine
CRS Reports, 111th Congress (10/8/2010; Posted: 10/12/2010)
---------------------------------
Selected Church-State Issues in Elementary and Secondary Education
Report No. R41445
Subjects: Education; Religion
CRS Reports, 111th Congress (10/1/2010; Posted: 10/12/2010)
---------------------------------
F-35 Joint Strike Fighter (JSF) Program: Background and Issues for Congress
Report No. RL30563
Subjects: Weapons Systems
CRS Reports, 111th Congress (9/23/2010; Posted: 10/12/2010)
---------------------------------
Navy Irregular Warfare and Counterterrorism Operations: Background and Issues for Congress
Report No. RS22373
Subjects: Terrorism; Defense Policy
CRS Reports, 111th Congress (9/28/2010; Posted: 10/12/2010)
---------------------------------
Currency Manipulation: The IMF and WTO
Report No. RS22658
Subjects: International Finance; Trade
CRS Reports, 111th Congress (9/27/2010; Posted: 10/12/2010)
---------------------------------
State Children's Health Insurance Program (CHIP): A Brief Overview
Report No. R40444
Subjects: Children; Health Policy; Welfare
CRS Reports, 111th Congress (9/21/2010; Posted: 10/12/2010)
---------------------------------
The Freedom of Information Act and Nondisclosure Provisions in Other Federal Laws
Report No. R41406
Subjects: Communications
CRS Reports, 111th Congress (9/24/2010; Posted: 10/12/2010)
---------------------------------
Navy SSBN(X) Ballistic Missile Submarine Program: Background and Issues for Congress
Report No. R41129
Subjects: Defense Policy; Weapons Systems
CRS Reports, 111th Congress (9/24/2010; Posted: 10/12/2010)
---------------------------------
Waste, Fraud, and Abuse in Agency Travel Card Programs
Report No. R40580
Subjects: Executive Branch Depts.; Government Employees; Transportation
CRS Reports, 111th Congress (9/28/2010; Posted: 10/12/2010)
---------------------------------
Medicare Payment Policies
Report No. RL30526
Subjects: Health Policy
CRS Reports, 111th Congress (9/24/2010; Posted: 10/12/2010)
---------------------------------
The Endangered Species Act (ESA) in the 111th Congress: Conflicting Values and Difficult Choices
Report No. R40185
Subjects: Animals; Natural Resources; Public Lands
CRS Reports, 111th Congress (9/28/2010; Posted: 10/12/2010)
---------------------------------
Concurrent Receipt: Background and Issues for Congress
Report No. R40589
Subjects: Veterans; Disabled Persons; Pensions; Defense Economics
CRS Reports, 111th Congress (9/24/2010; Posted: 10/12/2010)
---------------------------------
Legislative Branch: FY2011 Appropriations
Report No. R41214
Subjects: Budget; Congress
CRS Reports, 111th Congress (9/27/2010; Posted: 10/12/2010)
___________________
*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. R41440
Subjects: Energy
CRS Reports, 111th Congress (10/6/2010; Posted: 10/12/2010)
---------------------------------
U.S. Military Casualty Statistics: Operation Iraqi Freedom, and Operation Enduring Freedom
Report No. RS22452
Subjects: Defense Policy; Afghanistan; Iraq
CRS Reports, 111th Congress (9/28/2010; Posted: 10/12/2010)
---------------------------------
Taiwan: Major U.S. Arms Sales Since 1990
Report No. RL30957
Subjects: Taiwan
CRS Reports, 111th Congress (9/28/2010; Posted: 10/12/2010)
---------------------------------
Hezbollah: Background and Issues for Congress
Report No. R41446
Subjects: Terrorism; Israel; Lebanon; Palestine
CRS Reports, 111th Congress (10/8/2010; Posted: 10/12/2010)
---------------------------------
Selected Church-State Issues in Elementary and Secondary Education
Report No. R41445
Subjects: Education; Religion
CRS Reports, 111th Congress (10/1/2010; Posted: 10/12/2010)
---------------------------------
F-35 Joint Strike Fighter (JSF) Program: Background and Issues for Congress
Report No. RL30563
Subjects: Weapons Systems
CRS Reports, 111th Congress (9/23/2010; Posted: 10/12/2010)
---------------------------------
Navy Irregular Warfare and Counterterrorism Operations: Background and Issues for Congress
Report No. RS22373
Subjects: Terrorism; Defense Policy
CRS Reports, 111th Congress (9/28/2010; Posted: 10/12/2010)
---------------------------------
Currency Manipulation: The IMF and WTO
Report No. RS22658
Subjects: International Finance; Trade
CRS Reports, 111th Congress (9/27/2010; Posted: 10/12/2010)
---------------------------------
State Children's Health Insurance Program (CHIP): A Brief Overview
Report No. R40444
Subjects: Children; Health Policy; Welfare
CRS Reports, 111th Congress (9/21/2010; Posted: 10/12/2010)
---------------------------------
The Freedom of Information Act and Nondisclosure Provisions in Other Federal Laws
Report No. R41406
Subjects: Communications
CRS Reports, 111th Congress (9/24/2010; Posted: 10/12/2010)
---------------------------------
Navy SSBN(X) Ballistic Missile Submarine Program: Background and Issues for Congress
Report No. R41129
Subjects: Defense Policy; Weapons Systems
CRS Reports, 111th Congress (9/24/2010; Posted: 10/12/2010)
---------------------------------
Waste, Fraud, and Abuse in Agency Travel Card Programs
Report No. R40580
Subjects: Executive Branch Depts.; Government Employees; Transportation
CRS Reports, 111th Congress (9/28/2010; Posted: 10/12/2010)
---------------------------------
Medicare Payment Policies
Report No. RL30526
Subjects: Health Policy
CRS Reports, 111th Congress (9/24/2010; Posted: 10/12/2010)
---------------------------------
The Endangered Species Act (ESA) in the 111th Congress: Conflicting Values and Difficult Choices
Report No. R40185
Subjects: Animals; Natural Resources; Public Lands
CRS Reports, 111th Congress (9/28/2010; Posted: 10/12/2010)
---------------------------------
Concurrent Receipt: Background and Issues for Congress
Report No. R40589
Subjects: Veterans; Disabled Persons; Pensions; Defense Economics
CRS Reports, 111th Congress (9/24/2010; Posted: 10/12/2010)
---------------------------------
Legislative Branch: FY2011 Appropriations
Report No. R41214
Subjects: Budget; Congress
CRS Reports, 111th Congress (9/27/2010; Posted: 10/12/2010)
___________________
*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 Legislature: Activity Report
Source: New York Legislative Retrieval System (LRS), Search run Octover 10, 2010
To retrieve the text of any of the New York Chapter laws and Bills pending listed below, go to http://public.leginfo.state.ny.us/menuf.cgi and select either chapter laws or bills from the menu.
CHAPTER LAWS REPORTED AS SIGNED OCTOBER 10, 2010.
Chapter Bill No.
532 A6420 Weisenberg -- Relates to the commission for the blind and the operation of vending facilities
BLURB : Comm for blind oprtn vndng faclty
Chapter Signed Date Effective Date
532 10/01/2010 10/01/2010
Last Act: 10/01/10 signed chap.532
533 S2813C AUBERTINE -- Establishes the North Country power authority and provides for its powers and duties
BLURB : Pub Aut. North Country power auth
Chapter Signed Date Effective Date
533 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.533
534 S3603C STAVISKY -- Requires a report by the higher education services corporation
BLURB : Educ rpt TAP
Chapter Signed Date Effective Date
534 10/01/2010 and shall expire and be deemed repealed upon the submission of the report on 2/15/2013
Last Act: 10/01/10 SIGNED CHAP.534
535 S4057B STEWART-COUSINS -- Establishes the child health plus and school meals enrollment coordination act of 2011
BLURB : Pub Heal. child hlth plus sch mls
Chapter Signed Date Effective Date
535 10/01/2010 takes effect 6/1/2011 and shall apply to the 2011-2012 academic year
Last Act: 10/01/10 SIGNED CHAP.535
536 S5000B DUANE -- Relates to eliminating cost-sharing, deductibles and co-payments for certain prescription drugs
BLURB : Pub Heal. prohib tier iv drug pri
Chapter Signed Date Effective Date
536 10/01/2010 takes effect on (10/31/10) the thirtieth day after it shall have become a law
Last Act: 10/01/10 SIGNED CHAP.536
537 S5474 SAVINO -- Relates to pilotage rates at Sandy Hook, Sands Point or Execution Rocks
BLURB : Nav. pltg rts
Chapter Signed Date Effective Date
537 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.537
538 S5634 SAVINO -- Removes restrictions on designation of officers or employees of subsidiary corporations of the MTA as public officers or public employees
BLURB : Pub Aut. public officers/employee
Chapter Signed Date Effective Date
538 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.538
539 S7441C PERALTA -- Requires hospitals to prepare and distribute a leaflet on how parents can subscribe to the US consumer product safety commission's e-mail subscription lists
BLURB : Pub Heal. safety recall info
Chapter Signed Date Effective Date
539 10/01/2010 takes effect on (5/1/11) the first of May next succeeding the date on which it shall have become a law; provided that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed by the commissioner of health on or before such effective date
Last Act: 10/01/10 SIGNED CHAP.539
540 S7451 SAVINO -- Allows child care providers to organize themselves and select representatives for the purposes of discussing with the state the conditions of their employment
BLURB : Lab. child care organize
Chapter Signed Date Effective Date
540 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.540
541 S7483A HUNTLEY -- Enacts the "hospital closure planning act"
BLURB : Pub Heal. hospital closure plan
Chapter Signed Date Effective Date
541 10/01/2010 and shall apply only to general hospitals that close on or after such effective date
Last Act: 10/01/10 SIGNED CHAP.541
542 S7717 SEWARD -- Extends the authorization for the county of Herkimer to impose a county recording tax on obligation secured by a mortgage on real property until 2012
BLURB : Extend. Herkimer rec.tax
Chapter Signed Date Effective Date
542 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.542
543 S7753 OPPENHEIMER -- Relates to local enforcement of bulk storage of petroleum and the collection of fines and penalties
BLURB : En Con L. lcl enfrc
Chapter Signed Date Effective Date
543 10/01/2010 takes effect on (1/1/11) the first of January next succeeding the date on which it shall have become a law
Last Act: 10/01/10 SIGNED CHAP.543
544 S7773A BRESLIN -- Enacts provisions providing sponsored group personal insurance and allows such insurance to be written by authorized insurers
BLURB : Ins. sponsored group personal isr
Chapter Signed Date Effective Date
544 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.544
545 S8057 SAVINO -- Establishes a two year statute of limitations in seeking relief from a default in exercising an elective share
BLURB : EPT L. rt of elctn; default time
Chapter Signed Date Effective Date
545 10/01/2010 takes effect on (1/1/11) the first of January next succeeding the date on which it shall have become a law
Last Act: 10/01/10 SIGNED CHAP.545
546 S8083 KRUEGER -- Relates to the determination of adjusted base proportions in special assessing units which are cities for the fiscal year 2011
BLURB : RPT L. adjusted base proportions
Chapter Signed Date Effective Date
546 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.546
547 S8244 LIBOUS -- Relates to the license to sell liquors at retail for consumption at 4 North Main street in the town of Bainbridge
BLURB : ABC. bev. liquor lic at 4 N. Main
Chapter Signed Date Effective Date
547 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.547
548 S8361 PERALTA -- Authorizes the city of New York to sell certain property that cannot be independently developed
BLURB : NYC Chart. sale of certain prop
Chapter Signed Date Effective Date
548 10/01/2010 takes effect immediately and shall expire 12/31/2015, when upon such date the provisions of this act shall be deemed repealed
Last Act: 10/01/10 SIGNED CHAP.548
549 S8372 KLEIN -- Provides for temporary surrender of the license of a dentist or pharmacist with a drug or alcohol abuse problem, or such other disposition as determined by the department of education
BLURB : Ed L. profssnl assistnce progrm
Chapter Signed Date Effective Date
549 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.549
PENAL LAW:
Bill No.
S7448A JOHNSON C -- Relates to exempting qualified religious organizations from fees associated with permits required to display fireworks
Same as A10300-A
Last Act: 10/01/10 VETOED MEMO.6826
To retrieve the text of any of the New York Chapter laws and Bills pending listed below, go to http://public.leginfo.state.ny.us/menuf.cgi and select either chapter laws or bills from the menu.
CHAPTER LAWS REPORTED AS SIGNED OCTOBER 10, 2010.
Chapter Bill No.
532 A6420 Weisenberg -- Relates to the commission for the blind and the operation of vending facilities
BLURB : Comm for blind oprtn vndng faclty
Chapter Signed Date Effective Date
532 10/01/2010 10/01/2010
Last Act: 10/01/10 signed chap.532
533 S2813C AUBERTINE -- Establishes the North Country power authority and provides for its powers and duties
BLURB : Pub Aut. North Country power auth
Chapter Signed Date Effective Date
533 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.533
534 S3603C STAVISKY -- Requires a report by the higher education services corporation
BLURB : Educ rpt TAP
Chapter Signed Date Effective Date
534 10/01/2010 and shall expire and be deemed repealed upon the submission of the report on 2/15/2013
Last Act: 10/01/10 SIGNED CHAP.534
535 S4057B STEWART-COUSINS -- Establishes the child health plus and school meals enrollment coordination act of 2011
BLURB : Pub Heal. child hlth plus sch mls
Chapter Signed Date Effective Date
535 10/01/2010 takes effect 6/1/2011 and shall apply to the 2011-2012 academic year
Last Act: 10/01/10 SIGNED CHAP.535
536 S5000B DUANE -- Relates to eliminating cost-sharing, deductibles and co-payments for certain prescription drugs
BLURB : Pub Heal. prohib tier iv drug pri
Chapter Signed Date Effective Date
536 10/01/2010 takes effect on (10/31/10) the thirtieth day after it shall have become a law
Last Act: 10/01/10 SIGNED CHAP.536
537 S5474 SAVINO -- Relates to pilotage rates at Sandy Hook, Sands Point or Execution Rocks
BLURB : Nav. pltg rts
Chapter Signed Date Effective Date
537 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.537
538 S5634 SAVINO -- Removes restrictions on designation of officers or employees of subsidiary corporations of the MTA as public officers or public employees
BLURB : Pub Aut. public officers/employee
Chapter Signed Date Effective Date
538 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.538
539 S7441C PERALTA -- Requires hospitals to prepare and distribute a leaflet on how parents can subscribe to the US consumer product safety commission's e-mail subscription lists
BLURB : Pub Heal. safety recall info
Chapter Signed Date Effective Date
539 10/01/2010 takes effect on (5/1/11) the first of May next succeeding the date on which it shall have become a law; provided that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed by the commissioner of health on or before such effective date
Last Act: 10/01/10 SIGNED CHAP.539
540 S7451 SAVINO -- Allows child care providers to organize themselves and select representatives for the purposes of discussing with the state the conditions of their employment
BLURB : Lab. child care organize
Chapter Signed Date Effective Date
540 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.540
541 S7483A HUNTLEY -- Enacts the "hospital closure planning act"
BLURB : Pub Heal. hospital closure plan
Chapter Signed Date Effective Date
541 10/01/2010 and shall apply only to general hospitals that close on or after such effective date
Last Act: 10/01/10 SIGNED CHAP.541
542 S7717 SEWARD -- Extends the authorization for the county of Herkimer to impose a county recording tax on obligation secured by a mortgage on real property until 2012
BLURB : Extend. Herkimer rec.tax
Chapter Signed Date Effective Date
542 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.542
543 S7753 OPPENHEIMER -- Relates to local enforcement of bulk storage of petroleum and the collection of fines and penalties
BLURB : En Con L. lcl enfrc
Chapter Signed Date Effective Date
543 10/01/2010 takes effect on (1/1/11) the first of January next succeeding the date on which it shall have become a law
Last Act: 10/01/10 SIGNED CHAP.543
544 S7773A BRESLIN -- Enacts provisions providing sponsored group personal insurance and allows such insurance to be written by authorized insurers
BLURB : Ins. sponsored group personal isr
Chapter Signed Date Effective Date
544 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.544
545 S8057 SAVINO -- Establishes a two year statute of limitations in seeking relief from a default in exercising an elective share
BLURB : EPT L. rt of elctn; default time
Chapter Signed Date Effective Date
545 10/01/2010 takes effect on (1/1/11) the first of January next succeeding the date on which it shall have become a law
Last Act: 10/01/10 SIGNED CHAP.545
546 S8083 KRUEGER -- Relates to the determination of adjusted base proportions in special assessing units which are cities for the fiscal year 2011
BLURB : RPT L. adjusted base proportions
Chapter Signed Date Effective Date
546 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.546
547 S8244 LIBOUS -- Relates to the license to sell liquors at retail for consumption at 4 North Main street in the town of Bainbridge
BLURB : ABC. bev. liquor lic at 4 N. Main
Chapter Signed Date Effective Date
547 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.547
548 S8361 PERALTA -- Authorizes the city of New York to sell certain property that cannot be independently developed
BLURB : NYC Chart. sale of certain prop
Chapter Signed Date Effective Date
548 10/01/2010 takes effect immediately and shall expire 12/31/2015, when upon such date the provisions of this act shall be deemed repealed
Last Act: 10/01/10 SIGNED CHAP.548
549 S8372 KLEIN -- Provides for temporary surrender of the license of a dentist or pharmacist with a drug or alcohol abuse problem, or such other disposition as determined by the department of education
BLURB : Ed L. profssnl assistnce progrm
Chapter Signed Date Effective Date
549 10/01/2010 10/01/2010
Last Act: 10/01/10 SIGNED CHAP.549
PENAL LAW:
Bill No.
S7448A JOHNSON C -- Relates to exempting qualified religious organizations from fees associated with permits required to display fireworks
Same as A10300-A
Last Act: 10/01/10 VETOED MEMO.6826
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 11, 2010
New York Appellate Criminal Cases Originating From NY Supreme Court New York CountyCustomize
1. The PEOPLE of the State of New York, Respondent, v. Greg CANTONI, Defendant-Appellant.
2010 WL 3909860, N.Y.A.D. 1 Dept.,2010.,
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 possession of stolen property . . .
2. The PEOPLE of the State of New York, Respondent, v. Rafael RODRIGUEZ, Defendant-Appellant.
2010 WL 3909902, N.Y.A.D. 1 Dept.,2010.,
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 conspiracy in the second deg. . .
3. The PEOPLE of the State of New York, Respondent, v. Clarence WILLIAMS, also known as Fletcher Anderson Worrell, Defendant- Appellant.
2010 WL 3909987, N.Y.A.D. 1 Dept.,2010.,
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 . . .
October 12, 2010.
1. The PEOPLE of the State of New York, Respondent, v. Edward WRIGHT, Defendant-Appellant.
2010 WL 3909917, N.Y.A.D. 1 Dept.,2010.,
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, 87 S.Ct. 1396, 18 L.Ed.2d 493 1967; People v. Saunders, 52 A.D.2d 83. . .
2. The PEOPLE of the State of New York, Respondent, v. Dequan WILLIAMS, Defendant-Appellant.
2010 WL 3909936, N.Y.A.D. 1 Dept.,2010.,
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 postrelease supervision was not . . .
3. The PEOPLE of the State of New York, Respondent, v. Joseph GARNER, Defendant-Appellant.
2010 WL 3853363, N.Y.A.D. 1 Dept.,2010.,
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, 87 S.Ct. 1396, 18 L.Ed.2d 493 1967; People v. Saunders, 52 A.D.2. . .
4. The PEOPLE of the State of New York, Respondent, v. Joseph BRONAUGH, Defendant-Appellant.
907 N.Y.S.2d 493, N.Y.A.D. 1 Dept.,2010.,
Affirmed. Background: Defendant pleaded guilty, in the Supreme Court, New York County, Herbert I. Altman, J., at plea, and Ronald A. Zweibel, J., at sentence, to third-degree attempted criminal possession of a controlled substance. He appealed. Judgment, Supreme Court, New York County (Her. . .
5. The PEOPLE of the State of New York, Respondent, v. Keith JOHNSON, Defendant-Appellant.
907 N.Y.S.2d 494, N.Y.A.D. 1 Dept.,2010.,
Affirmed. Background: Defendant was convicted, by a jury in the Supreme Court, New York County, Daniel P. FitzGerald, J., of third-degree criminal sale of a controlled substance. He appealed. Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered December 22, 2004, c. . .
6. The PEOPLE of the State of New York, Respondent, v. Scott LIDEN, Defendant-Appellant.
907 N.Y.S.2d 673, N.Y.A.D. 1 Dept. 2010.,
Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered on or about April 25, 2007, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 1967; People v. Saunders, 52 A.D.2d . . .
7. The PEOPLE of the State of New York, Respondent, v. Rafael VALENTIN, Defendant-Appellant.
907 N.Y.S.2d 674, N.Y.A.D. 1 Dept. 2010.,
Order, Supreme Court, New York County (Daniel FitzGerald, J.), entered on or about October 31, 2008, which, adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art. 6-C), unanimously affirmed, without costs. The court properly exercised its . . .
8. The PEOPLE of the State of New York, Respondent, v. Abdul BEYAH also known as Donald Williams, Defendant-Appellant.
907 N.Y.S.2d 675, N.Y.A.D. 1 Dept. 2010.,
Order, Supreme Court, New York County (Daniel Conviser, J.), entered on or about April 9, 2009, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art. 6-c), unanimously affirmed, without costs. Since defendant made no application to the . . .
9. The PEOPLE of the State of New York, Respondent, v. Ernesto ABREU, Defendant-Appellant.
907 N.Y.S.2d 668, N.Y.A.D. 1 Dept. 2010.,
Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered June 6, 2008, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the fifth degree and criminally using dru. . .
10. The PEOPLE of the State of New York, Respondent, v. Keith BROWN, Defendant-Appellant.
907 N.Y.S.2d 669, N.Y.A.D. 1 Dept. 2010.,
Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered on or about April 22, 2009, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 1967; People v. Saunders, 52. . .
11. The PEOPLE of the State of New York, Respondent, v. Jamel DUGGINS, Defendant-Appellant.
907 N.Y.S.2d 670, N.Y.A.D. 1 Dept. 2010.,
Order, Supreme Court, New York County (Michael J. Obus, J.), entered April 8, 2009, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art. 6-C), unanimously affirmed, without costs. The court properly exercised its discretion in decl. . .
12. The PEOPLE of the State of New York, Respondent, v. Nathaniel SYVILLE, Defendant-Appellant.
907 N.Y.S.2d 671, N.Y.A.D. 1 Dept. 2010.,
Judgment of resentence, Supreme Court, New York County (William A. Wetzel, J.), rendered January 6, 2009, resentencing defendant to a term of 12 years, with 5 years' postrelease supervision, unanimously affirmed. The resentencing proceeding imposing a term of postrelease supervision was not barred. . .
13. The PEOPLE of the State of New York, Respondent, v. Manuel MACK, Defendant-Appellant.
907 N.Y.S.2d 672, N.Y.A.D. 1 Dept. 2010.,
Judgment, Supreme Court, New York County (Renee A. White, J.), rendered June 30, 2009, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 5 years, unanimously affirmed. The court properly exercised its discretion in denying defendant yout. . .
October 11, 2010
New York Appellate Criminal Cases Originating From NY Supreme Court New York CountyCustomize
1. The PEOPLE of the State of New York, Respondent, v. Greg CANTONI, Defendant-Appellant.
2010 WL 3909860, N.Y.A.D. 1 Dept.,2010.,
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 possession of stolen property . . .
2. The PEOPLE of the State of New York, Respondent, v. Rafael RODRIGUEZ, Defendant-Appellant.
2010 WL 3909902, N.Y.A.D. 1 Dept.,2010.,
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 conspiracy in the second deg. . .
3. The PEOPLE of the State of New York, Respondent, v. Clarence WILLIAMS, also known as Fletcher Anderson Worrell, Defendant- Appellant.
2010 WL 3909987, N.Y.A.D. 1 Dept.,2010.,
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 . . .
October 12, 2010.
1. The PEOPLE of the State of New York, Respondent, v. Edward WRIGHT, Defendant-Appellant.
2010 WL 3909917, N.Y.A.D. 1 Dept.,2010.,
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, 87 S.Ct. 1396, 18 L.Ed.2d 493 1967; People v. Saunders, 52 A.D.2d 83. . .
2. The PEOPLE of the State of New York, Respondent, v. Dequan WILLIAMS, Defendant-Appellant.
2010 WL 3909936, N.Y.A.D. 1 Dept.,2010.,
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 postrelease supervision was not . . .
3. The PEOPLE of the State of New York, Respondent, v. Joseph GARNER, Defendant-Appellant.
2010 WL 3853363, N.Y.A.D. 1 Dept.,2010.,
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, 87 S.Ct. 1396, 18 L.Ed.2d 493 1967; People v. Saunders, 52 A.D.2. . .
4. The PEOPLE of the State of New York, Respondent, v. Joseph BRONAUGH, Defendant-Appellant.
907 N.Y.S.2d 493, N.Y.A.D. 1 Dept.,2010.,
Affirmed. Background: Defendant pleaded guilty, in the Supreme Court, New York County, Herbert I. Altman, J., at plea, and Ronald A. Zweibel, J., at sentence, to third-degree attempted criminal possession of a controlled substance. He appealed. Judgment, Supreme Court, New York County (Her. . .
5. The PEOPLE of the State of New York, Respondent, v. Keith JOHNSON, Defendant-Appellant.
907 N.Y.S.2d 494, N.Y.A.D. 1 Dept.,2010.,
Affirmed. Background: Defendant was convicted, by a jury in the Supreme Court, New York County, Daniel P. FitzGerald, J., of third-degree criminal sale of a controlled substance. He appealed. Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered December 22, 2004, c. . .
6. The PEOPLE of the State of New York, Respondent, v. Scott LIDEN, Defendant-Appellant.
907 N.Y.S.2d 673, N.Y.A.D. 1 Dept. 2010.,
Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered on or about April 25, 2007, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 1967; People v. Saunders, 52 A.D.2d . . .
7. The PEOPLE of the State of New York, Respondent, v. Rafael VALENTIN, Defendant-Appellant.
907 N.Y.S.2d 674, N.Y.A.D. 1 Dept. 2010.,
Order, Supreme Court, New York County (Daniel FitzGerald, J.), entered on or about October 31, 2008, which, adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art. 6-C), unanimously affirmed, without costs. The court properly exercised its . . .
8. The PEOPLE of the State of New York, Respondent, v. Abdul BEYAH also known as Donald Williams, Defendant-Appellant.
907 N.Y.S.2d 675, N.Y.A.D. 1 Dept. 2010.,
Order, Supreme Court, New York County (Daniel Conviser, J.), entered on or about April 9, 2009, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art. 6-c), unanimously affirmed, without costs. Since defendant made no application to the . . .
9. The PEOPLE of the State of New York, Respondent, v. Ernesto ABREU, Defendant-Appellant.
907 N.Y.S.2d 668, N.Y.A.D. 1 Dept. 2010.,
Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered June 6, 2008, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the fifth degree and criminally using dru. . .
10. The PEOPLE of the State of New York, Respondent, v. Keith BROWN, Defendant-Appellant.
907 N.Y.S.2d 669, N.Y.A.D. 1 Dept. 2010.,
Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered on or about April 22, 2009, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 1967; People v. Saunders, 52. . .
11. The PEOPLE of the State of New York, Respondent, v. Jamel DUGGINS, Defendant-Appellant.
907 N.Y.S.2d 670, N.Y.A.D. 1 Dept. 2010.,
Order, Supreme Court, New York County (Michael J. Obus, J.), entered April 8, 2009, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art. 6-C), unanimously affirmed, without costs. The court properly exercised its discretion in decl. . .
12. The PEOPLE of the State of New York, Respondent, v. Nathaniel SYVILLE, Defendant-Appellant.
907 N.Y.S.2d 671, N.Y.A.D. 1 Dept. 2010.,
Judgment of resentence, Supreme Court, New York County (William A. Wetzel, J.), rendered January 6, 2009, resentencing defendant to a term of 12 years, with 5 years' postrelease supervision, unanimously affirmed. The resentencing proceeding imposing a term of postrelease supervision was not barred. . .
13. The PEOPLE of the State of New York, Respondent, v. Manuel MACK, Defendant-Appellant.
907 N.Y.S.2d 672, N.Y.A.D. 1 Dept. 2010.,
Judgment, Supreme Court, New York County (Renee A. White, J.), rendered June 30, 2009, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 5 years, unanimously affirmed. The court properly exercised its discretion in denying defendant yout. . .
New York Law Journal: Decisions of Interest October 12, 2010
If you are already an online subscriber to this New York Law Journal service you should be able to click on any of the links proveded below, sign in, and access any of the decisions listed which interest you.
http://www.nylj.com/
Subscription required for online access unless otherwise noted:
Tuesday, October 12, 2010
U.S. Court of Appeals, Second Circuit
Constitutional Law
Prohibition of Vanity License Plates With Religious Messages Violates First Amendment
Byrne v. Rutledge, 07-4375-cv
FREE WITH REGISTRATION
Appellate Division, Second Department
Criminal Practice
Client Who Disregarded Attorney's Advice Denied New Trial for Ineffective Assistance of Counsel
People v. Colville, 6944/04
FREE WITH REGISTRATION
United States District Court, Eastern District
Legal Profession
Former Village Attorney Who Counseled Indemenification of Ex-Mayor Cannot Represent Him in Suit Against Town
Glacken v. The Incorporated Village Of Freeport, 09-4832
FREE WITH REGISTRATION
Appellate Division, First Department
Contracts
Condition Precedent Exception Held Inapplicable in Suit Over Real Estate Sales Pact
Torres v. D'Alesso, 115881/07
FREE WITH REGISTRATION
Appellate Division, First Department
Criminal Practice
Panel Rejects Bid to Upset Rape Conviction Over Allegedly Prejudicial Media Coverage
People v. Williams, 3573/73
FREE WITH REGISTRATION
NEW YORK COUNTY
Administrative Law
Waterfront Commission's Decision to Remove Longshoremen From Register to Work Upheld
Matter of Cambio v. Goldstock
NEW YORK COUNTY
Legal Profession
Recovery for Emotional Distress In Malpractice Actions Is Denied
Taylor v. Paskoff & Tamber LLP, 119108/2008
QUEENS COUNTY
CONSUMER PROTECTION
Transfer of Structured Settlement Payments Denied as Not Fair or in Payee's Best Interest
Matter of Washington Sq. Fin'l LLC v. Allstate Assignment Co.
RICHMOND COUNTY
Alternative Dispute Resolution
Alleged Successor-in-Interest Found Not Bound by Arbitration Clause
Manfredi Chevrolet LLC v. Land
QUEENS COUNTY
Intellectual Property
Use of Plaintiff's Trade Name Found Likely to Cause Confusion
Spytown.com Inc. v. Queens Spy Shop
CLINTON COUNTY
Family Law
Court May Select Different Alternative Than Placing Child With Non-Respondent Father
Matter of Keith "B." v. Stephanie "W."
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
As Policy Appears Part of Fraud Scheme, Assignee Is Denied Judgment on Payment
Settlement Funding LLC v. AXA Equitable Life Ins. Co.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Tyco Denied Preclusion of Bermuda Law Expert's Testimony in Compensation Suit
Tyco International Ltd. v. Walsh
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Immigrant Teacher Loses Bias Challenge To 'Rubber Room' Assignment, Termination
Batyreva v. New York City Dept. of Education
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Court Rules on Admission of Expert's Testimony on Ergonomic Risks in Repair Shop
Peters v. Metro-North Commuter Railroad Co.
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Bankruptcy
Mortgage Cannot Be Avoided, 362 Relief Unavailable; Property Not in Debtor's Estate
In re: Josephson
http://www.nylj.com/
Subscription required for online access unless otherwise noted:
Tuesday, October 12, 2010
U.S. Court of Appeals, Second Circuit
Constitutional Law
Prohibition of Vanity License Plates With Religious Messages Violates First Amendment
Byrne v. Rutledge, 07-4375-cv
FREE WITH REGISTRATION
Appellate Division, Second Department
Criminal Practice
Client Who Disregarded Attorney's Advice Denied New Trial for Ineffective Assistance of Counsel
People v. Colville, 6944/04
FREE WITH REGISTRATION
United States District Court, Eastern District
Legal Profession
Former Village Attorney Who Counseled Indemenification of Ex-Mayor Cannot Represent Him in Suit Against Town
Glacken v. The Incorporated Village Of Freeport, 09-4832
FREE WITH REGISTRATION
Appellate Division, First Department
Contracts
Condition Precedent Exception Held Inapplicable in Suit Over Real Estate Sales Pact
Torres v. D'Alesso, 115881/07
FREE WITH REGISTRATION
Appellate Division, First Department
Criminal Practice
Panel Rejects Bid to Upset Rape Conviction Over Allegedly Prejudicial Media Coverage
People v. Williams, 3573/73
FREE WITH REGISTRATION
NEW YORK COUNTY
Administrative Law
Waterfront Commission's Decision to Remove Longshoremen From Register to Work Upheld
Matter of Cambio v. Goldstock
NEW YORK COUNTY
Legal Profession
Recovery for Emotional Distress In Malpractice Actions Is Denied
Taylor v. Paskoff & Tamber LLP, 119108/2008
QUEENS COUNTY
CONSUMER PROTECTION
Transfer of Structured Settlement Payments Denied as Not Fair or in Payee's Best Interest
Matter of Washington Sq. Fin'l LLC v. Allstate Assignment Co.
RICHMOND COUNTY
Alternative Dispute Resolution
Alleged Successor-in-Interest Found Not Bound by Arbitration Clause
Manfredi Chevrolet LLC v. Land
QUEENS COUNTY
Intellectual Property
Use of Plaintiff's Trade Name Found Likely to Cause Confusion
Spytown.com Inc. v. Queens Spy Shop
CLINTON COUNTY
Family Law
Court May Select Different Alternative Than Placing Child With Non-Respondent Father
Matter of Keith "B." v. Stephanie "W."
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
As Policy Appears Part of Fraud Scheme, Assignee Is Denied Judgment on Payment
Settlement Funding LLC v. AXA Equitable Life Ins. Co.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Tyco Denied Preclusion of Bermuda Law Expert's Testimony in Compensation Suit
Tyco International Ltd. v. Walsh
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Immigrant Teacher Loses Bias Challenge To 'Rubber Room' Assignment, Termination
Batyreva v. New York City Dept. of Education
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Court Rules on Admission of Expert's Testimony on Ergonomic Risks in Repair Shop
Peters v. Metro-North Commuter Railroad Co.
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Bankruptcy
Mortgage Cannot Be Avoided, 362 Relief Unavailable; Property Not in Debtor's Estate
In re: Josephson
New York Law Journal: Lead Articles October 12, 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:
Tuesday, October 12, 2010
Jury Selection Resumes in Ghailani Terror Trial
FREE
Circuit Overturns Vermont License Plate Restriction
Defendant Who Rejected Counsel's Advice Loses Bid for New Trial
Ex-Village Attorney Disqualified From Defending Brother in Law
Panel Urges Caution on Sanctions for Failure to Preserve E-Data
News In Brief
Breyer Promotes His Prudent, Pragmatic Approach to Interpreting the Constitution
Race for Attorney General Roundup
Lack of Pay, Age Limits Leave Open Seats on Bench
FREE
Renovations Prompt Shift of County Clerk Services
FREE
Corrections
http://www.nylj.com/
Subscription required for online access unless otherwise noted:
Tuesday, October 12, 2010
Jury Selection Resumes in Ghailani Terror Trial
FREE
Circuit Overturns Vermont License Plate Restriction
Defendant Who Rejected Counsel's Advice Loses Bid for New Trial
Ex-Village Attorney Disqualified From Defending Brother in Law
Panel Urges Caution on Sanctions for Failure to Preserve E-Data
News In Brief
Breyer Promotes His Prudent, Pragmatic Approach to Interpreting the Constitution
Race for Attorney General Roundup
Lack of Pay, Age Limits Leave Open Seats on Bench
FREE
Renovations Prompt Shift of County Clerk Services
FREE
Corrections
LAW.COM Newswire Highlights October 12, 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:
Judge Defends Filming TV Show Audition in California Courtroom
The Recorder
A California judge under fire for filming a TV show audition without the knowledge of litigants in her courtroom has denied that she violated judicial canons. San Diego County Superior Court Judge DeAnn Salcido also responded to charges that she failed to promote public confidence in the integrity of the judiciary. She denied that dozens of remarks she made on-camera and off were improper, saying she used comedy in her courtroom to seize on "teachable moments" with defendants and people in the gallery.
Death of the Billable Hour or the Rise of Discounts?
Corporate Counsel
Are companies witnessing the death of the billable hour -- or the rise of discounted hourly rates? A recent ALM survey reports that 72.8 percent of fees paid to outside counsel in 2009 were based on billing arrangements other than standard hourly rates or the billable hour. The results seem to show an increased willingness by law firms to diverge from the traditional billable hour, but are firms really offering more fixed-fee arrangements, or just more discounted hourly rates?
In Guantanamo Opinion, 2 Versions of Reality
The National Law Journal
When a Washington, D.C., federal judge ordered the release of a Guantanamo Bay detainee last spring, the case appeared to be a routine setback for an Obama administration that has lost a string of such cases. But a day after the order was filed on the court's electronic docket, the opinion vanished, to be replaced weeks later by a new ruling. While it reached the same conclusion, eight pages of material had been removed, including key passages in which the judge dismantled the government's case against the detainee.
K&L Gates, Thompson & Knight Sued for Roles in 'Ponzi-Like' Scheme
The National Law Journal
A group of investors in a now-bankrupt entity that controls about 500 real estate companies has filed a class action against K&L Gates and Thompson & Knight for allegedly aiding in a "Ponzi-like" scheme. The purported class, which consists of investors in assisted living centers and other properties, alleges that the two law firms participated in misleading them into investing in the companies, which unlawfully commingled funds among underperforming entities.
As Bratz Case Heads for Retrial, RICO Claims Survive Motion to Dismiss
The American Lawyer
The latest ruling in the ferocious battle between Mattel and MGA Entertainment over who owns rights to the once-popular Bratz doll line won't do much to streamline the issues as the case heads to a January trial date after a remand from the 9th Circuit. A California federal judge struck some counterclaims by MGA but refused to dismiss others, including explosive allegations that Mattel and its lawyers at Quinn Emanuel Urquhart & Sullivan conspired to steal trade secrets from MGA and other Mattel competitors.
Reprimand Tossed for 'We Close at 5' Texas Judge
The Associated Press
A special court of review Monday dismissed a public reprimand of Texas' top criminal courts judge, who closed her court at 5 p.m., preventing attorneys from filing a last-minute appeal hours before their client was executed. The disciplinary case against Judge Sharon Keller came after she closed the court on Sept. 25, 2007, as attorneys for twice-convicted killer Michael Wayne Richard tried to submit their appeal. The state Commission on Judicial Conduct issued Keller a "public warning," but the judge appealed.
Judge Dismisses Millionaire's Malpractice Claim Against Schnader Harrison Over Trust Agreements
The Legal Intelligencer
A Pennsylvania judge has dismissed the legal malpractice claim brought by multimillionaire Raymond Perelman against Schnader Harrison because the statute of limitations bars the claim. Perelman sued the firm and former Schnader Harrison attorney Vickie Waitsman, alleging the firm committed malpractice in the creation of legal documents that transferred some of his business interests into a trust created on behalf of his son and granddaughter, allegedly contrary to his intentions.
Attorney Jailed for Not Reciting Pledge of Allegiance
The Associated Press
A Mississippi judge ordered an attorney to spend several hours in jail last week after the lawyer refused to recite the Pledge of Allegiance in court. After the judge told people in the courtroom to stand up and say the pledge, the attorney "failed and refused to do so" and was jailed for criminal contempt of court, according to the judge's order.
Wells Fargo Unit to Pay New Jersey $71 Million Over Deceptive Mortgage Claims
New Jersey Law Journal
Wells Fargo Home Mortgage has agreed to pay New Jersey $3.98 million and 900 residents $67 million in loan modifications over claims subsidiaries deceptively marketed adjustable-rate mortgages. The agreement ends a state investigation into whether "Pick-a-Payment" mortgages violated the Consumer Fraud Act by touting their low monthly payment options without warning borrowers that the minimum payment option often failed to cover the interest on the loan, resulting in an increase in the loan's principal balance.
Attorneys Say They Fear Retribution From Tenn. Judges
The Associated Press
Attorneys are hesitant to file complaints against some Tennessee judges because they fear retaliation, a state Senate judiciary subcommittee was told last week. The subcommittee held hearings to allow attorneys to voice their concerns about Tennessee's system for disciplining the state's judges. One attorney, who said lawyers were reluctant to file motions for recusal, told the panel: "We know who the honest judges are. We know who the dishonest judges are. We're deathly afraid of being retaliated against."
Modeling Agency Sanctioned Over Tough Tactics
New York Law Journal
A New York judge has ruled that City Model and Talent Development must pay a $10,000 civil penalty and reimburse customers for its false statements, tough sales tactics and expensive photo shoots made in the promise of helping aspiring models and actors break into the fashion and entertainment industries. The judge has barred the company from recruiting potential models and actors without first disclosing associated marketing costs and has prohibited it from charging customers' credit cards without their consent.
Lawyer's Suit Against Jamaican Prime Minister Raises More Questions About Manatt
The American Lawyer
The controversy over who hired Manatt, Phelps & Phillips for a controversial Jamaican lobbying assignment keeps getting murkier. The saga continued last week, as a prominent backer of the ruling Jamaica Labour Party, Kingston lawyer Harold Brady, sued the country's prime minister for libel. Brady has been a central character in Jamaican politics in recent months because of his purported role in retaining Manatt to lobby U.S. officials against the extradition of alleged drug lord Christopher Coke.
Visit International News
Ruling Proves to Be Primer on E-Discovery Enforcement
The Legal Intelligencer
Victor Stanley is worth the read if only for its review and distillation of e-discovery law. The court's focus on spoliation and its remedies is "spot on," according to attorney Leonard Deutchman, but the lessons drawn from the reality underlying the court's analysis are discouraging.
Visit Legal Technology
Top GCs Continue to Support Flextime for Outside Lawyers
Corporate Counsel
Last year, the Project for Attorney Retention got several GCs and law firm leaders to join a program encouraging work assignments for flextime lawyers, aimed at advancing women in the law. The program is still going strong, with Wal-Mart and Allstate Insurance taking their own extra steps.
Visit lawjobs.com News & View
The Careerist: Ladies Get Lucky in Washington
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Ladies Get Lucky in Washington Plus Life Perfect After Law? Only if You Buy the Pitch Also Lawyers Gone Rogue: A roundup of misbehaving lawyers
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
© 2010 ALM Media Properties, LLC. All rights reserved.
Subscription required for online access:
Judge Defends Filming TV Show Audition in California Courtroom
The Recorder
A California judge under fire for filming a TV show audition without the knowledge of litigants in her courtroom has denied that she violated judicial canons. San Diego County Superior Court Judge DeAnn Salcido also responded to charges that she failed to promote public confidence in the integrity of the judiciary. She denied that dozens of remarks she made on-camera and off were improper, saying she used comedy in her courtroom to seize on "teachable moments" with defendants and people in the gallery.
Death of the Billable Hour or the Rise of Discounts?
Corporate Counsel
Are companies witnessing the death of the billable hour -- or the rise of discounted hourly rates? A recent ALM survey reports that 72.8 percent of fees paid to outside counsel in 2009 were based on billing arrangements other than standard hourly rates or the billable hour. The results seem to show an increased willingness by law firms to diverge from the traditional billable hour, but are firms really offering more fixed-fee arrangements, or just more discounted hourly rates?
In Guantanamo Opinion, 2 Versions of Reality
The National Law Journal
When a Washington, D.C., federal judge ordered the release of a Guantanamo Bay detainee last spring, the case appeared to be a routine setback for an Obama administration that has lost a string of such cases. But a day after the order was filed on the court's electronic docket, the opinion vanished, to be replaced weeks later by a new ruling. While it reached the same conclusion, eight pages of material had been removed, including key passages in which the judge dismantled the government's case against the detainee.
K&L Gates, Thompson & Knight Sued for Roles in 'Ponzi-Like' Scheme
The National Law Journal
A group of investors in a now-bankrupt entity that controls about 500 real estate companies has filed a class action against K&L Gates and Thompson & Knight for allegedly aiding in a "Ponzi-like" scheme. The purported class, which consists of investors in assisted living centers and other properties, alleges that the two law firms participated in misleading them into investing in the companies, which unlawfully commingled funds among underperforming entities.
As Bratz Case Heads for Retrial, RICO Claims Survive Motion to Dismiss
The American Lawyer
The latest ruling in the ferocious battle between Mattel and MGA Entertainment over who owns rights to the once-popular Bratz doll line won't do much to streamline the issues as the case heads to a January trial date after a remand from the 9th Circuit. A California federal judge struck some counterclaims by MGA but refused to dismiss others, including explosive allegations that Mattel and its lawyers at Quinn Emanuel Urquhart & Sullivan conspired to steal trade secrets from MGA and other Mattel competitors.
Reprimand Tossed for 'We Close at 5' Texas Judge
The Associated Press
A special court of review Monday dismissed a public reprimand of Texas' top criminal courts judge, who closed her court at 5 p.m., preventing attorneys from filing a last-minute appeal hours before their client was executed. The disciplinary case against Judge Sharon Keller came after she closed the court on Sept. 25, 2007, as attorneys for twice-convicted killer Michael Wayne Richard tried to submit their appeal. The state Commission on Judicial Conduct issued Keller a "public warning," but the judge appealed.
Judge Dismisses Millionaire's Malpractice Claim Against Schnader Harrison Over Trust Agreements
The Legal Intelligencer
A Pennsylvania judge has dismissed the legal malpractice claim brought by multimillionaire Raymond Perelman against Schnader Harrison because the statute of limitations bars the claim. Perelman sued the firm and former Schnader Harrison attorney Vickie Waitsman, alleging the firm committed malpractice in the creation of legal documents that transferred some of his business interests into a trust created on behalf of his son and granddaughter, allegedly contrary to his intentions.
Attorney Jailed for Not Reciting Pledge of Allegiance
The Associated Press
A Mississippi judge ordered an attorney to spend several hours in jail last week after the lawyer refused to recite the Pledge of Allegiance in court. After the judge told people in the courtroom to stand up and say the pledge, the attorney "failed and refused to do so" and was jailed for criminal contempt of court, according to the judge's order.
Wells Fargo Unit to Pay New Jersey $71 Million Over Deceptive Mortgage Claims
New Jersey Law Journal
Wells Fargo Home Mortgage has agreed to pay New Jersey $3.98 million and 900 residents $67 million in loan modifications over claims subsidiaries deceptively marketed adjustable-rate mortgages. The agreement ends a state investigation into whether "Pick-a-Payment" mortgages violated the Consumer Fraud Act by touting their low monthly payment options without warning borrowers that the minimum payment option often failed to cover the interest on the loan, resulting in an increase in the loan's principal balance.
Attorneys Say They Fear Retribution From Tenn. Judges
The Associated Press
Attorneys are hesitant to file complaints against some Tennessee judges because they fear retaliation, a state Senate judiciary subcommittee was told last week. The subcommittee held hearings to allow attorneys to voice their concerns about Tennessee's system for disciplining the state's judges. One attorney, who said lawyers were reluctant to file motions for recusal, told the panel: "We know who the honest judges are. We know who the dishonest judges are. We're deathly afraid of being retaliated against."
Modeling Agency Sanctioned Over Tough Tactics
New York Law Journal
A New York judge has ruled that City Model and Talent Development must pay a $10,000 civil penalty and reimburse customers for its false statements, tough sales tactics and expensive photo shoots made in the promise of helping aspiring models and actors break into the fashion and entertainment industries. The judge has barred the company from recruiting potential models and actors without first disclosing associated marketing costs and has prohibited it from charging customers' credit cards without their consent.
Lawyer's Suit Against Jamaican Prime Minister Raises More Questions About Manatt
The American Lawyer
The controversy over who hired Manatt, Phelps & Phillips for a controversial Jamaican lobbying assignment keeps getting murkier. The saga continued last week, as a prominent backer of the ruling Jamaica Labour Party, Kingston lawyer Harold Brady, sued the country's prime minister for libel. Brady has been a central character in Jamaican politics in recent months because of his purported role in retaining Manatt to lobby U.S. officials against the extradition of alleged drug lord Christopher Coke.
Visit International News
Ruling Proves to Be Primer on E-Discovery Enforcement
The Legal Intelligencer
Victor Stanley is worth the read if only for its review and distillation of e-discovery law. The court's focus on spoliation and its remedies is "spot on," according to attorney Leonard Deutchman, but the lessons drawn from the reality underlying the court's analysis are discouraging.
Visit Legal Technology
Top GCs Continue to Support Flextime for Outside Lawyers
Corporate Counsel
Last year, the Project for Attorney Retention got several GCs and law firm leaders to join a program encouraging work assignments for flextime lawyers, aimed at advancing women in the law. The program is still going strong, with Wal-Mart and Allstate Insurance taking their own extra steps.
Visit lawjobs.com News & View
The Careerist: Ladies Get Lucky in Washington
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Ladies Get Lucky in Washington Plus Life Perfect After Law? Only if You Buy the Pitch Also Lawyers Gone Rogue: A roundup of misbehaving lawyers
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
© 2010 ALM Media Properties, LLC. All rights reserved.
Subscribe to:
Posts (Atom)