Restaurant in Union Square Park Ruled Permissible

by Brendan Pierson

A unanimous First Department panel ruled that the proposed restaurant was an appropriate use of a public park, vacating a preliminary injunction issued by Manhattan Acting Supreme Court Justice Arthur Engoron.

Magistrate Judge Finds Few Benefits to Class in Settlement

by John Caher

A magistrate judge in Buffalo has rejected a Fair Debt Collection Practices Act class action settlement that would have resulted in $65,000 in legal fees and expenses while barring class recovery for hundreds of thousands of potential plaintiffs.

Courts Broaden What Counts as 'Pro Bono' for Reporting Rule

by Christine Simmons

Within weeks of the new disclosure mandate, several organizations voiced concern that the rule's definition of pro bono appeared to exclude free legal services to nonprofit groups that serve the poor and would discourage pro bono work for these groups.

Lawyers' Pro Bono Hours, Contributions, Will Be Public

by Joel Stashenko

"It is our responsibility to give it out," Chief Judge Jonathan Lippman said in a recent interview. "If someone asks for the information, they can have it." But some attorneys are troubled by the lack of confidentiality in the new mandatory reporting system.

Jury Selected to Weigh Penalty for Murder of Two Detectives

by Andrew Keshner

A jury was picked Tuesday to weigh whether a man convicted of murdering two undercover detectives should be put to death, but not before the presiding judge tossed three prospective jurors who had been exposed to loose talk about the case in the juror waiting room.

Civil Rights Groups Sue NYPD Over Muslim Surveillance Program

by Adam Goldman, Eileen Sullivan and Tom Hays

The New York Police Department's widespread spying programs directed at Muslims have undermined free worship by innocent people and should be declared unconstitutional, religious leaders and civil rights advocates said Tuesday.

Schools and Education

M.C. v. NYCDOE, 12 Civ. 9281 (CM) (AJP)

City and Clinic Spar Over Bill for Law Student Representation

Criminal Practice

USA v. Dwayne Ingram, 12-1058

Circuit Judges Debate Impact of Prior Case on Sentencing

Civil Practice

Courtney Linde v. Arab Bank, PLC, 04-cv-2799 (NG) (VVP)

Judge Orders Bank to Pay $1.3M for Discovery 'Failures'

Criminal Practice

The People v. Genna Turner, KA 11-01156

Divided Upstate Panel Upholds Guilty Plea

Energy and Natural Resources / Real Property

Matter of Central New York Oil and Gas

Easement Reserved Land Owners' Gas Rights In Formations Other Than 'Oriskany Sandstone'

Civil Practice / Products Liability

Delgado v. Markwort Sporting Goods

Panel Affirm Court's Order Granting Motion To Set Aside $1.6 Million Verdict in Injury Suit

Business Law / Contracts

OTG Management v. Konstantinidis

Court Finds Non-Recruitment Clause Against Ex-Employee Reasonable and Enforceable

Labor Law

Dobrzyn v. City of New York

Worker Granted Partial Judgment on Labor Law §240(1) Claim on Issue of Liability

Civil Practice / Torts

Ford v. Gonzalez

Court Lacks Jurisdiction to Consider Plaintiff's Motion to Sever Personal Injury Action

Torts

Barra v. Johnson & Johnson

Summary Judgment Inappropriate in Medical Malpractice Suit If Experts' Opinions Conflict

Featured Columns

Challenges for the New SEC Commissioners

by Roberta S. Karmel

In her Securities Regulation column, Roberta S. Karmel, Centennial Professor of Law and codirector of the Dennis J. Block Center for the Study of International Business Law at Brooklyn Law School, writes that the primary challenges facing the SEC today are not in the enforcement arena.

Corporate Update

Revocation of S Corp Election During Bankruptcy Upheld

by Elliot Pisem and David E. Kahen

In their Taxation column, Elliot Pisem and David E. Kahen, members of Roberts & Holland, write that the Third Circuit recently sustained the right of the S corporation and its shareholder to revoke the parent entity's S election during bankruptcy, reversing a lower court's decision.

Outside Counsel

Tax Court Weighs In on Using Individual Retirement Accounts to Buy a Business

by Steven Glaser

Steven Glaser, a partner at Moses & Singer, writes that a recent ruling sheds light on the limitations peculiar to the use of IRAs as capital as well as raising unanswered questions as to how far the IRS may go to circumscribe such transactions.

Corporate Update

Apparel Maker Loses Bid for Trademark Rights to Word 'Saturday'

by Ross Todd

The trademark spat between two purveyors of $40 t-shirts has been ugly from the get-go, but a winner has finally emerged.

Corporate Update

Ruling Claims Middle Ground in Approach to 'Pay-to-Delay' Deals

by Tony Mauro

The U.S. Supreme Court gave something to both sides this week in a closely watched dispute over agreements between drug manufacturers that put off the production of generics in return for payments by brand-name patent holders.

Corporate Update

N.Y. Judge to Manage Litigation by 15 States Against Rating Agency

by Amanda Bronstad

The multidistrict litigation against Standard & Poor's Financial Services and its parent corporation represents the first time that the MDL panel has coordinated cases brought by sovereign governments.