U.S. Judge Dismisses Pay Disparity Lawsuit Against Port Authority

by Mark Hamblett

Southern District Judge Naomi Reice Buchwald dismissed a suit brought by the EEOC on behalf of 14 non-supervisory women lawyers, faulting the complaint's "conclusory allegation" that women in the law department are paid less than men.

Justice's Disclosure Highlights Medical Marijuana Debate

by John Caher

Brooklyn Supreme Court Justice Gustin Reichbach has written scores of decisions in his long career on the bench, but the opinion that may have especially broad impact is the op-ed column in which he admitted smoking marijuana to cope with the debilitating effects of cancer.

Lawyer's Claim She Was Defamed by Another Attorney Goes Forward

by Mark Hamblett

Kerry Connolly has cleared a hurdle on her claims that her reputation as an attorney was damaged when Lelia Martin Wood-Smith, a gallery trustee and fellow lawyer, complained that Connolly's advice on copyright was incorrect and cost the trust "hundreds of thousands of dollars."

No Need to Pay Health Premiums Beyond Maintenance, Court Says

by John Caher

Trial judges usually defer to higher courts and summon the wisdom of learned jurists in justifying their opinions. But Acting Supreme Court Justice Richard Dollinger invoked Gilbert and Sullivan as he parsed and applied an "ambiguous" holding from the Fourth Department.

Responses to Proposal Seek Broader Rule, More Clarity

by Andrew Keshner

Advocates for homeowners have suggested broadening a court proposal that would push stalled foreclosure cases into mandatory settlement conferences, while real estate attorneys support the intent of the amended rule but focused their comments on how exactly practitioners could comply with it.

Banks Wrap Up Argument in MBIA Proceeding

by Brendan Pierson

Sullivan & Cromwell partner Robert Giuffra Jr. on May 18 wrapped up his argument on behalf of Bank of America Corp. and Societe General SA in their lawsuit seeking to undo bond insurer MBIA's 2009 restructuring, closing the first chapter of the trial-like proceeding that will decide the case.

Family Law

Lomaglio v. Lomaglio, 97/653

No Need to Pay Health Premiums Beyond Maintenance, Court Says

Constitutional Law

Galloway v. Town of Greece, 10-3635-cv

Pre-Meeting Prayers Found to Wrongly Favor Christians

Government

Matter of Smith v. The NY State Office of the Attorney General, 3670-08

Ruling Backs Access to Spitzer's Private E-Mails on Public Matters

Real Property

Women's Interart Center, Inc. v. New York City Economic Development Corp., 109017/07

'Net Lease' Authorizes Eviction of Arts Group, Panel Concludes

Government

The NY Times Co. v. US Dep. of Justice, 11 Civ. 6990

Release of Report Would Reveal Intelligence Methods, Judge Rules

Galen Technology Solutions v. VectorMax

Judgment Creditor Fails to Show Special Reason for Receiver Appointment

Civil Practice / Torts

Mizrahi v. 92nd Street Young Men's and Young Women's Hebrew Association

Dismissal of Action for Zip Line Injury Is Denied as Issues of Fact Exist

Administrative Law

Matter of McKeon v. NYC Dept. of Buildings

Agency's Interpretation of Statute Denying Safety Manager Certificate Found Reasonable

Trusts and Estates

Matter of Estate of Pappas

Executors Denied Approval of Settlement Agreement Concluding Four Pending Suits

Criminal Practice

People v. Stevenson

Vacatur of Conviction Denied as Court Lacks Ability to Evaluate Without Complete Record

Civil Practice

Manufacturers and Traders Trust v. Riggins

Court Rejects 'Twice-Removed' Successor's Summary Judgment in Lieu of Complaint

Featured Columns

Death by Procedure: Lapses Could Deal Fatal Blow to Claims, Defenses

by Patrick M. Connors

In his New York Practice column, Patrick M. Connors, a professor at Albany Law School, recounts some recent drama that has unfolded in the procedural arena, where clients have possibly forfeited valid claims or defenses due to the lawyer's missteps in negotiating the CPLR.

Featured Columns

Jurors' Social Media and Internet Misbehavior

by Michael Hoenig

In his Products Liability column, Herzfeld & Rubin member Michael Hoenig writes: Despite good intentions by the judiciary and some increased admonitory jury instructions, the dazzling blitz of accessible electronic information is a near-irresistible magnet for juror curiosity or misbehavior, the potential for which calls for alertness and vigilance by counsel.

Outside Counsel

Matrimonial Litigation and Legal Malpractice

by Andrew Lavoott Bluestone

Andrew Lavoott Bluestone, a Manhattan attorney specializing in legal malpractice litigation, writes that given the significance of the money division between the spouses which may comprise their entire net worth, the extreme emotional nature of the proceedings, and stringent statutory structures for the attorney-client relationship, matrimonial judgments are frequently the subject of legal malpractice scrutiny.

Special Reports

Navigating the Economic Loss Rule in Construction Cases

by Mike Stenglein, Paul Straus and Samantha Porphy Ade

Mike Stenglein, Paul Straus and Samantha Porphy Ade of King & Spalding write: The fact pattern is all too common. No sooner than the ink dries on a contract do the construction problems become apparent, and eventually, the owner sues for breach of contract, fraudulent inducement, and negligence. But the contractor isn't worried - the contract's favorable limitations on liability, a liquidated-damages clause, a merger clause, and the economic loss rule will protect him from the owner's tort claims. Or will it?

Special Reports

Is it the End of Subsidies for Green Buildings?

by Peter S. Britell

Peter S. Britell, a partner at Venable, discusses the tax incentives to promote sustainable construction offered by state, city and federal government early in the green revolution, and why these programs have become dinosaurs, unlikely to be renewed for unexpected, but good, reasons.

Special Reports

Evidence of Immigration Status May Be Precluded

by David Shimkin

David Shimkin, a member of Cozen O'Connor, discusses a First Department decision that upheld the trial court's preclusion of evidence of an undocumented alien's plans to return to his country after trial, and a sharp dissent in the case that found it unfair to prevent the defendant from presenting facts material to the assessment of damages, a significant part of which is often for the expense of future medical care in the United States.