Faulting City's 'Cavalier Attitude,' Judge OKs Stop-and-Frisk Class

by Mark Hamblett

Southern District Judge Shira Scheindlin criticized the city's Law Department for stating that a court order to block the practice would amount to "judicial intrusion" and arguing that no injunction could guarantee that suspicionless stops would never occur or would occur in only a certain number of cases.

Ruling Blocks Aspect of Anti-Terror Detention Law

by Mark Hamblett

Southern District Judge Katherine Forrest has granted an injunction sought by journalists and activists who claimed that a section of the National Defense Authorization Act for Fiscal Year 2012 would sweep up reporters and advocates who contact designated terror groups.

Verdict Is Reinstated in Apartment Succession Case

by Brendan Pierson

An Appellate Term, First Department, panel has reinstated a jury verdict holding that a Manhattan man could not take over his deceased aunt's rent-controlled lease, ruling that a Civil Court judge improperly overturned the verdict based on a perceived error in the jury instructions that no one objected to and that could not have confused the jury.

Panel Denies Accidental Disability in Court Tussle

by Joel Stashenko

In a decision that one court officers' union president blasted as "absolutely insane," an upstate appeals panel ruled that an officer who was bowled over by a person apparently attempting to charge the bench in a Nassau County courtroom is not entitled to accidental disability retirement benefits.

Witness' Fear Justified Partial Closing of Trial, Judge Says

by Joel Stashenko

A trial judge says he was justified in excluding male spectators from the courtroom during the testimony of a critical female witness in a gang-related murder trial because she felt she would be in mortal danger if she took the stand with associates of the defendant present.

Dewey Partners Requested to Preserve Data for Probe

by Christine Simmons and Sara Randazzo

Partners were asked to save documents relating to guaranteed payments; partner compensation; capital or other contributions; borrowing or other forms of indebtedness; meetings of the executive committee or office of the chairman; and financial statements, according to a person familiar with the matter who asked not to be identified.

Government

The Matter of Kilbride v. NY State Comptroller et al., 513749

Panel Rejects Court Officer's Bid for Accidental Disability Retirement Benefits

Criminal Practice

The People v. Patricio Dawson, 7085/2010

Judge Explains Exclusion of Males in Audience at Gang-Related Trial

Bankruptcy

In re: Muhasen I. DEB, 11-30951-5-mcr

Bankruptcy Filing Does Not Cancel Contempt Fine, Judge Decides

Civil Practice

Chevron Corp. v. Donziger, 11 Civ. 0691 (LAK)

Chevron Racketeering Suit Proceeds Against Attorney

Civil Practice

Chevron Corp. v. Donziger, 11 Civ. 0691 (LAK)

Chevron's Motion for Order of Attachment Against Defendants Denied

Criminal Practice / Environmental Law

Matter of Cascino v. Judges of the Albany County Court

Separate Crimes in Albany Ruled Not Double Jeopardy After Acquittal in Columbia County

Alternative Dispute Resolution / Employment / Labor Law / Schools and Education

Chenango Forks Central School District v. NYS Public Employment Relations Board

District Had Duty to Negotiate About Change To Past Practice Affecting Retirees' Benefits

Civil Practice / Labor Law

Pantelis v. Skanska

Photos Not Previously Produced Precluded, But Independent Witness Testimony Allowed

Government / Torts

Cuadra v. City of New York

Comparative Fault Inapplicable to Actions Brought Under General Municipal Law §205-e

Insurance Law

Nir v. GEICO

Court Finds Excuse for Untimely Filing Of Proof of Claim Is Not Clear, Reasonable

Landlord/Tenant Law

Fortune JD v. Samuel John Inc.

Court Defers to Board Whether Premises Is Protected by Loft Law

Outside Counsel

Reflections on Jury Nullification and a Dismissed Indictment

by Paul Shechtman

Paul Shechtman, a partner at Zuckerman Spaeder, analyzes the underlying issues in the government's recent attempt to prosecutr a man for pamphleteering in favor of jury nullification at the manhattan federal courthouse.

Featured Columns

H-1B Professional Workers Capping Out

by Michael D. Patrick

In his Immigration Law column, Fragomen, Del Rey, Bernsen & Loewy partner Michael D. Patrick argues for the elimination of the cap on H-1B petitions, a classification that immigration opponents say undermines the American labor market, but actually appears to have the opposite impact, frustrating employers' efforts to secure valuable workers who drive advancement and grow their organizations, thereby creating jobs for U.S. workers and foreign nationals alike.

Featured Columns

Resale Price Maintenance Examined Under State Laws

by Elai Katz

In his Antitrust column, Elai Katz, a partner of Cahill Gordon & Reindel, reviews recent developments, including two decisions on whether resale price maintenance agreements are per se illegal under the laws of New York and Kansas, the reinstatement of a complaint charging U-Haul with attempting to fix prices in violation of Massachusetts law, several hospital merger challenges by the FTC, and more.

Corporate Update

Forum Selection Clauses and the Market for Settlements

by John C. Coffee Jr.

In his Corporate Securities column, John C. Coffee Jr., the Adolf A. Berle Professor of Law at Columbia University Law School and Director of its Center on Corporate Governance, writes that, largely unnoticed, two parallel actions are now pending in the U.S. District Court for the Northern District of California and the Delaware Court of Chancery that could have greater impact on corporate governance than most recent Supreme Court decisions.

Corporate Update

'Ample Allegations' Allow Suit to Proceed Over eBook Pricing

by Victor Li

A federal judge on May 15 refused to dismiss a consumers' class-action lawsuit action that claims Apple conspired with Simon & Schuster Inc., Hachette Book Group, Penguin Group USA, Macmillan, and HarperCollins to break Amazon's dominance in the eBook market and engineer a wholesale increase in eBook prices.

Corporate Update

Objectors to Settlement Must Wait to Make Their Case, Judge Says

by Susan Beck

Two competing groups of shareholders have been pursuing derivative claims against BofA's officers and directors since January 2009. One group filed in Delaware Chancery Court, and six days later another group sued in Manhattan federal court.