Alicia Ouellette, who has been acting dean of Albany Law School for the past three months, officially became the school's dean on Thursday.
Peter Zimroth, senior counsel at Arnold & Porter and a former New York City Corporation Counsel, will be fêted by the New York City Bar Association in an original musical comedy produced and performed by attorneys and judges.
New York Assembly Speaker Sheldon Silver, used to wielding power for more than two decades in Albany, was forced to turn himself in for arrest and appear before a federal judge Thursday on charges he made millions through bribes, kickbacks and extortion.
A Manhattan Commercial Division judge has granted summary judgment in favor of a leasing company whose cargo handling equipment was damaged by Hurricane Sandy.
Ten firms announce promotions, while four more have added attorneys.
Khalid al Fawwaz was a critical, top-level conspirator in Osama bin Laden's war against America, spreading the al Qaida leader's declarations of hate, training terrorists and leading the terror cell that bombed U.S. embassies in Kenya and Tanzania, a federal prosecutor told a jury Thursday.
Southern District Judge Andrew Carter Thursday threw out the guilty pleas of four men who admitted to insider trading prior to an opinion by the Second Circuit that clarified the law.
A woman's request to proceed anonymously in a lawsuit alleging negligent and fraudulent transmission of genital herpes by a former boyfriend was rejected Tuesday by a Manhattan appellate court.
The criminal complaint alleging public corruption charges against Assembly Speaker Sheldon Silver features two law firms: the prominent personal injury firm of Weitz & Luxenberg and a little-known two-person tax certiorari firm, Goldberg & Iryami.
A Commercial Division judge has rejected a motion to disqualify a law firm from representing parties in a joint defense because "virtually all conflict waivers would be unenforceable" if the court did so.
A court security officer has died after apparently shooting himself at the Thurgood Marshall U.S. Courthouse in Manhattan, according to authorities.
After a defense attorney assured a judge that he would vigorously defend his client, despite earlier comments, the judge nonetheless warned the lawyer of his professional responsibilities.
In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini write: In denying a motion by defendant Sirius XM Radio for summary judgment in a suit over its transmitting of pre-1972 sound recordings, Southern District Judge Colleen McMahon's decision upends settled expectations of who must pay for what in the broadcast music industry.
In his Law Firm Partnership Law column, Arthur J. Ciampi reviews some forecasts about the evolving nature of the practice of law and makes suggestions about implementing changes to your firm's partnership agreements and policies to best address them.
Gary Stein writes: "Personal benefit," long considered the 97-pound weakling of insider trading defenses, is now looking much more muscular thanks to the Second Circuit's ruling last month in 'United States v. Newman.' Not surprisingly, federal prosecutors have already begun to explore ways of avoiding Newman's reinvigorated personal benefit rule.
Gary Muldoon, a politician, attorney and budding author, pulls no punches about the legal profession in his newest compendium of short stories, lists and life lessons. While some of his advice is slightly purple, the majority is sound and some is pure genius.
James G. Ryan and Hayley B. Dryer write: It is very likely that most employers, educational institutions, and governmental agencies will eventually face the need to conduct an investigation. When this time comes, there are a series of steps they can and should take in order to conduct a fair, complete and prompt investigation.
John C. Coffee Jr., the Adolf A. Berle Professor of Law at Columbia University Law School, writes: This issue of federal preemption will inevitably be litigated because, even if Delaware legislature acts to curb 'ATP Tour', issuers incorporated in other jurisdictions have already adopted such a provision.
In his Immigration Law column, Michael D. Patrick writes that despite previous congressional and executive agency action, there is a further need to reform immigration law to resolve the lack of available H-1B visas for talented and qualified foreign nationals and to meet the needs of U.S. employers.
In his Tax Litigation Issues column, Jeremy H. Temkin writes: While some have hailed IRS budget cuts as a just punishment for an agency that has been accused of unfairly targeting Tea Party organizations, the recent cuts are unlikely to ameliorate problems of unequal enforcement because they deny the agency the resources it needs to audit a fair sample of returns.
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law reviews “Saint-Jean v. Emigrant Mortgage Co,” where the plaintiff's claim that a lender's 'No Income, No Asset' program was an asset-stripping scheme survived dismissal, and “NMF Holdings v. First Quality Properties III,” where the court held that the seller was not contractually obligated to remove a declaration of covenants and restrictions for ground water management from the contract.
In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss two unusual criminal cases. In one case, the court overturned an almost 40-year-old rule limiting its review of certain discretionary orders denying motions to vacate judgments. In the other case, a highly divided court issued an unsigned memorandum decision determining whether an anonymous tip provided a sufficient basis to find reasonable suspicion for a police stop.
In their Medical Malpractice Defense column, John L.A. Lyddane and Barbara D. Goldberg write: Punitive damage claims remain the rare exception rather than the rule in medical malpractice actions. The likely reason, as the Appellate Division has expressly recognized, is that "[a] doctor in a malpractice case is ordinarily not an actor who intends to inflict an injury on his patient."
Jeffrey B. Steiner and Jason R. Goldstein of DLA Piper review the different categories of misrepresentation cited by New York courts and draw distinctions between seemingly innocent statements in loan documents as opposed to circumstances where a representing party knew or should have known that their representation was untrue.
Court Approves Music Publishing, Recording Contracts for Minor, Partially Seals Record
Petition Sufficiently Stated Cause of Action For Constructive Trust for Two Properties
Court Find Testator's Intent Can be Ascertained In Trustee's Petition for Construction of Trust
'Rocanova' Leads to Conclusion SAC Could Not Support Punitive Damages Award Under NY Law
Firms' Operation as Single Entity Not Enough To Pierce Veil Absent Showing of Unfairness
Service Desk Representatives Not Exempt From FLSA's Wage, Hour Requirements
Securities Fraud Claims Dismissed on Basis Of Lead Plaintiff's Failure to Plead Scienter
No Discussion of Constitutional Rights Being Waived in Plea Allocution; Judgment Reversed
Prosecutors Met Requirements to Minimize Interception of Non-Pertinent Communications
Panel Modifies Judgment, Vacates Sentence As Only Board of Parole May Impose PRS
Perpetual Royalty Agreement for Unpatented Vitamin Products Not Federally Pre-Empted
Complaint's Allegations Do Not State Cognizable RICO Claim; Eviction Is Matter of State Law
ORDERS SIGNED: MATTER OF LOIS SWANDA; Michael H. DeSantis-2 orders; Carmela Mileo; Alfred J. Sileo; Charlotte Beretey.
GUARDIANSHIPS MATTER OF STEPHANIE ANGELA PEREZ; Jurelle Simone Sutton; Robert F. Ford; Anthony Natale D'Albora; Nicholas George Plunkett; Richard John Sydlo.
AMANDA HONOLD, ap, v. CHRISTOPHER M. KARWOWSKI res — (INDEX NO. 38825/09)In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Jones, Jr., J.), dated October 3, 2013, as granted that branch of the defendants' renewed motion which was for summary judgment dismissing the complaint.
MATTER OF SEBASTIAN DELAMOTA, ap, v. CITY OF NEW YORK res — (INDEX NO. 12922/13)Rubert & Gross, P.C., New York, N.Y. (Soledad Rubert of counsel), for appellant.
DEYANIRA RUIZ, ap, v. JEFFREY GARDERE, res — (INDEX NO. 6664/13)In an action to set aside stated portions of a stipulation of settlement which was incorporated into a judgment of divorce entered December 22, 2010, the plaintiff appeals from an order of the Supreme Court, Kings County (Adams, J.), dated February 27, 2014, which denied her motion for leave to enter a judgment against the defendant upon his default in appearing or answering the complaint.
DESIREE BEHR plf-res, v. COUNTY OF NASSAU, ap, TOWN OF HEMPSTEAD, DEFENDANT-RESPONDENT (AND A THIRD-PARTY ACTION). (INDEX NO. 9553/10)In an action to recover damages for personal injuries, etc., the defendant County of Nassau appeals from an order of the Supreme Court, Nassau County (Woodard, J.), dated November 22, 2013, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.
JULIE HOFFMAN, ap, v. THOMAS MUCCI res — (INDEX NO. 13230/11) In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated October 16, 2013, which granted the defendants' motion for summary judgment dismissing the complaint.
PEOPLE, ETC., res, v. TEDDY SANCHO, ap — (IND. NO. 1580/11)Ronald S. Nir, Kew Gardens, N.Y. (Randall Unger of counsel), for appellant.
2012-2423 Q C. LOTUS ACUPUNCTURE, P.C. A/A/O DISLA v. STATE FARM MUT. AUTO. INS. CO. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Motion by appellant for leave to reargue an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered September 28, 2012, which was determined by decision and order of this court dated August 20, 2014, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.
PEOPLE, res, v. HENRY SORTO, ap — Appeal by the defendant from an order of the Supreme Court, Queens County (Koenderman, J.), dated March 7, 2011, which, after a hearing, designated him a level three sexually violent offender pursuant to Correction Law article 6-C.
ESTATE OF GOTTLIEB, Deceased. (06/619/M) — This an application to compromise a wrongful death/ personal injury cause of action against defendants in a multiple defendant lawsuit brought on behalf of decedent's estate. This Court, by prior Orders, granted compromise applications as against several co-defendants. Limitations remained within the Letters Testamentary as against non-settling defendants. The instant application seeks to compromise the action against additional settling defendants.
OKSANA EREMINA, res, v. ALEKSANDR DOBRYNIN, ET AL., APPELLANTS def — (INDEX NO. 14954/09) In an action to recover damages for personal injuries, the defendants Aleksandr Dobrynin and Horton Trans II, Inc., appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Vaughan, J.), dated May 29, 2013, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law §5102(d) as a result of the subject accident.
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