Ties to Senecas Cannot Shield Golf Course Developer, Panel Says

by John Caher

The Fourth Department found that allowing an entity created by the Seneca Indian Nation, established in part so it could take advantage of more than $1 million in economic development tax breaks, to avoid litigation as an arm of the tribe would ultimately undermine the Senecas.

Circuit Decision Costs Prevailing Attorneys $200,000 Fee Award

by Mark Hamblett

The Second Circuit canceled an award that was made after the plaintiffs dropped non-diverse members from their limited liability company in an attempt to invoke diversity jurisdiction.

Claims Against Lawyer Proceed in Long Fight Over Film Rights

by Brendan Pierson

A suit accusing a local attorney of helping ex-clients misappropriate millions of dollars from a partnership formed to make a movie of the 1981 novel "The White Hotel" may go forward.

Sex Offender Inmate Wins Bid to Sue Jail Over Confinement

by Joel Stashenko

A sex offender who was kept in solitary confinement for more than four months to protect him from other inmates can proceed with his suit against an upstate county jail.

Agreement Provides for 4 Upstate Casinos

by Michael Gormley

Governor Andrew Cuomo and legislative leaders agreed Wednesday to allow Las Vegas-style resort casinos in the Southern Tier near Binghamton, the Hudson Valley-Catskills area and the Albany area, along with two video slot centers of 1,000 machines each on Long Island.

Wachtel Masyr Partner Leaves for Fox Rothschild

by Christine Simmons

Land use expert Jesse Masyr has left his firm to create a land use and zoning team in Fox Rothschild's New York office.

Attorneys Fees / Civil Practice

Castillo Grand v. Sheraton Operating Corp., 11-2457-cv

Circuit Decision Costs Prevailing Attorneys $300,000 Fee Award

Civil Practice / Civil Rights / Criminal Practice

Tavares v. Amato, 9:12-CV-563

Sex Offender Inmate Wins Bid to Sue Jail Over Confinement

Civil Practice / Civil Rights / Criminal Practice

Tavares v. Amato, 12-CV-563

Sex Offender Inmate Wins Bid to Sue Jail Over Confinement

Government

Union Square Park Community v. NYC Dept. Parks and Recreation, 102734/12

Restaurant in Union Square Park Ruled Permissible

Torts

Felix v. Northstar Location Services, LLC, 11-CV-00166(JJM)

Magistrate Judge Finds Few Benefits to Class in Settlement

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.