Firm Takes Another Hit in Bid to Collect 'Unconscionable' Fees

by Brendan Pierson

A state appeals panel has thrown out a $16 million contingency fee for work Graubard Miller performed for Alice Lawrence, the late widow of New York real estate magnate Sylvan Lawrence, finding the firm's fee agreement "unconscionable."

Martin Act Faces Big Test in Challenge to 2005 Case

by John Caher

The Court of Appeals will hear a case which requires it to decide whether Attorney General Eric Schneiderman can finish what predecessor Eliot Spitzer started eight years ago and bring two former executives of American International Group to trial in a civil enforcement action.

Second Circuit Sends Insurance Law Question on Replacement Costs to State Court of Appeals

by Mark Hamblett

Puzzling over the interplay of two clauses common to insurance contracts for the recovery of replacement costs for a damaged building, the Second Circuit certified a question for decision to the state's highest court.

Solo Is Found in Contempt for 'Flagrant Flouting' of Court Orders

by Christine Simmons

An Eastern District judge has ordered a Brooklyn solo practitioner to be held in contempt of court and referred him for possible discipline after the attorney repeatedly ignored a magistrate judge's orders and failed to pay a previously imposed fine.

'Decades of Litigation' May Follow Bids to Ban Use of Foreign Laws, Report Says

by Amanda Bronstad

The rising tide of legislation designed to bar judges from considering foreign and international laws could lead to constitutional challenges involving the separation of powers, the supremacy clause and civil rights violations against Muslims, according to a recent report by the Brennan Center for Justice and the Center for American Progress.

Judge Rejects Bid to Delay CBS' Airing of 'Brooklyn D.A.'

by Andrew Keshner

Abraham George, one of three Democratic district attorney candidates, complained that the series amounted to free advertising for incumbent Charles Hynes, and thus violated the Election Law.

Criminal Practice

US v. Gary Bogle, 11-349-cr

Circuit Says 2nd Amendment Not Infringed by U.S. Gun Law

Damages

NYC v. Gordon, 12 Civ. 4838 (JMF)

U.S. Judge Halts Shipping of Untaxed Cigarettes

Constitutional Law

Matter of Gorman v. Rice, 8279/10

Mistrial Did Not Trigger Double Jeopardy, Panel Says

Constitutional Law

Walker v. Schult, 12-1806-cv

Circuit Reinstates Lawsuit by Inmate Over Cell Conditions

Constitutional Law

Walker v. Schult, 9:11-CV-0287

Inmate's Suit Over Cell Conditions Dismissed by District Court

Constitutional Law

Walker v. Schult, 9:11-CV-287

Magistrate Recommends Dismissal of Inmate's Suit

Administrative Law / Government

Matter of Doe v. NYC Police Dept.

Commission's Affirmance of Petitioner's Disqualification From NYPD Rational, Upheld

Employment / Government

Matter of Jones v. NYC Housing Authority

NYCHA Granted Dismissal of Employee's Suit To Restore Benefits as Barred by Res Judicata

Civil Practice / Family Law

Matter of Nicole and Emili A.

Parent's Objection to Admission to Portions Within Exhibits Granted in Part, Denied in Part

Civil Practice / Civil Practice

Midland Funding v. Valentin

Assignee Denied Preclusion for Defendant's Failure to Respond to Improper Notice to Admit

Civil Practice

Matter of Aerco International

Uniform Act Complied With, New Jersey Court's Decision Adopted; Motion to Quash Denied

Civil Practice / Torts

Moody v. McKinnon

Plaintiff to Travel to New York for Further Independent Medical Exam at Own Expense

Featured Columns

Physician Held Liable for Disclosing Patient Information

by Francis J. Serbaroli

Greenberg Traurig shareholder Francis J. Serbaroli, in his Health Law column, discusses a recent Appellate Division decision that held a physician liable for disclosing information about a patient?s emergency room visit to the patient?s estranged wife. The decision is an instructive reminder to physicians and other licensed health care professionals that there must be a compelling reason to make such a disclosure without the patient?s consent.

Featured Columns

In Defense of Preserving Labor Law §240(1)

by Robert S. Kelner and Gail S. Kelner

In their Trial Practice column, Robert S. Kelner, the senior partner at Kelner & Kelner, and Gail S. Kelner, an attorney with the firm, write that even as the courts have recognized that there are occasions when the worker is solely to blame, those occasions are rare and have been carefully distinguished from a worker's comparative negligence, which is not a defense.

Making Sense of Dog Scent Evidence

by Ken Strutin

In his Criminal Law column, Ken Strutin, director of legal information services at the New York State Defenders Association, writes: This term, the U.S. Supreme Court issued two opinions involving K-9 detection. One concentrated on the reliability of drug sniffing evidence based on pedigree, and the other focused on the sanctity of the home in the face of a supersensory advantage. Both decisions are raising critical concerns over the future of the Fourth Amendment.

Outside Counsel

Punitive Damages Unavailable for Third-Party Insurance Bad Faith

by Eric Dinnocenzo

Eric Dinnocenzo, a solo practitioner, writes that the effect of a recent First Department decision, and the long-standing precedent on which it is based, is that insureds who engage in conduct that might trigger a punitive damages award have an increased concern of being subject to an excess verdict. And punitive damage awards are typically not of a trifling amount.