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
Wednesday, October 06, 2010
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.
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
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
If you are already an online subscriber to the New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed.
http://www.nylj.com
Subscription required for online access unless otherwise noted:
Wednesday, 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
http://www.nylj.com
Subscription required for online access unless otherwise noted:
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
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:
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.
Visit International News
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.
Visit Legal Technology
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.
Visit lawjobs.com News & Views
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?
Visit The Careerist
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.
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:
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.
Visit International News
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.
Visit Legal Technology
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.
Visit lawjobs.com News & Views
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?
Visit The Careerist
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.
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.
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.
Subscribe to:
Posts (Atom)