Court System, Counties Agree on 3 Court Facility Upgrades

by John Caher

The three major capital projects will result in new Family Court facilities in Nassau and Westchester counties, and the restoration of court space in the Orange County Government Center that was lost to the judiciary after a pair of storms in 2011.

Guardian Who Delayed Final Account Must Pay Referee Fee

by Andrew Keshner

A Long Island lawyer who failed to file a proper final accounting 12 years after his ward's death now has to personally pay more than $11,000 to a referee a judge brought in to finish the required work.

Magistrate Calls 14-Year Delay in Lawsuit Negligent

by Christine Simmons

"The record reflects that defendants were negligent," said Magistrate Judge Joan Azrack about the now dissolved McKernan & Gatins and its partners. "Making matters worse, the only explanation any of the defendants provided plaintiff for suing the wrong defendant was a false one."

Domestic Violence Court Judge Rejects Defendant's Bid for Recusal

by Andrew Keshner

A judge sitting in an Integrated Domestic Violence Court will weigh criminal charges against a father who violated a court order restricting contact with his daughter even though the defendant admitted the contact in a previous visitation proceeding before the same judge.

Difficulties Raising Capital Dooms Litigation Funding Venture

by Susan Beck

A litigation funding company cofounded by former securities class action lawyer Sean Coffey after his unsuccessful race for New York attorney general is no more.

Meet the New Bar Presidents: Long Island and Mid-Hudson Valley

The goals and bios for the new leaders of the Nassau, Suffolk, Dutchess, Orange, Westchester and Rockland County Bar Associations.

Criminal Practice / Family Law / Judges / Juvenile Law

The People v. Jonathan Bornstein, 2012BX060927

Domestic Violence Court Judge Rejects Defendant's Bid for Recusal

Civil Practice / Legal Profession / Torts

Cox v. McKernan, 11-CV-5980

Judge Calls 14-Year Delay in Lawsuit Negligent

Government

Prince v. City of New York, 403135/11

Panel Finds 'Excessive' City Fine for Poaching Antenna From Trash

Legal Profession

Cecora v. De La Hoya, 112787/11

Panel Sanctions Lawyer Over Filing Claim Against Boxer

Civil Practice

Wager v. Pelham Union Free School Dist.

City Body May Waive Benefit of Statutory Venue Clause Where an Action Was Properly Venued

Contracts

ACE Securities v. DB Structured Products

Limitations Period Begins to Run When Party Making Cure Demand First Entitled to Do So

Civil Practice / Contracts / Evidence

QK Healthcare v. Forest Laboratories

Destruction of Files After Company Reasonably Anticipated Litigation Warrants Sanctions

Government

Matter of Anastasio v. Kelly

Board's Conclusions Denying ADR Supported By Medical Evidence, Must be Affirmed

Alternative Dispute Resolution

Matter of Boro Chiropractic PC v. State Farm Fire & Cas. Co.

Master Arbitrator Exceeded Power of Review; Initial Award in Provider's Favor Reinstated

Civil Practice / Insurance Law

Stracar Medical Services v. Nationwide Mut. Ins.

Virginia Dismissal Order Voiding Insurance Policy Ab Initio Entitled to Recognition

Featured Columns

Pesticide Pollution Prevention Program for Long Island Is on the Horizon

by Charlotte A. Biblow

In her State Environmental Regulation column, Charlotte A. Biblow, a partner at Farrell Fritz, writes that monitoring underlies all actions in the blueprint, according to the DEC, because water quality monitoring results would be essential to conducting the work under each component.

Corporate Update

Can You Resign from the Board of a Troubled Company?

by David A. Katz and Laura A. McIntosh

In their Corporate Governance column, David A. Katz, a partner at Wachtell, Lipton, Rosen & Katz, and Laura A. McIntosh, a consulting attorney for the firm, write that two recent Delaware rulings provide an opportunity for directors to consider how they might react if they discovered corporate malfeasance and how they might handle fundamental, irresolvable concerns or disagreements that may arise while serving as a director.

Outside Counsel

You've Been 'Poked'! 'PCCare247' and Service of Process by Social Media

by Michael C. Lynch

Michael C. Lynch, a partner at Kelley Drye & Warren, writes that courts will continue to recognize that electronic service, whether it continues to be by email, or broadens to Facebook, Twitter, text messaging or other means, is often the most effective and least expensive way to reach a defendant.

Corporate Update

New Deals

by Tania Karas and Tom Huddleston Jr.

Web giant Yahoo agreed Sunday to buy popular blogging and social media service Tumblr for $1.1 billion. Also, generic drug maker Actavis reached an agreement to acquire Irish rival Warner Chilcott in an all-stock deal worth $8.5 billion, including assumed debt.

Corporate Update

Quinn Emanuel Targets Big Banks in Lawsuit Over Rigging of LIBOR

by Jan Wolfe

In the suit filed on behalf of Salix Capital Ltd., the firm doesn't even bother to raise the two main theories LIBOR investors have relied on so far - antitrust liability and racketeering - that were rejected in a devastating ruling by Judge Naomi Reice Buchwald.