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: New York Supreme Court Criminal Term LibraryNew York Law Journal Decisions of Interest January 13, 2009
By David Badertscher, PLL
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APPELLATE DIVISION
SECOND DEPARTMENT
Motor Vehicles
Class Certification Improper in 'Prevailing Rate' Medical Reimbursement Reduction Lawsuit
Globe Surgical Supply, appellant v. GEICO Insurance Co., respondent
NEW YORK COUNTY
Damages
Free With Registration: Plaintiffs Granted New Trial Unless Defendants Agree to Increase Future Pain, Suffering Award
Moller v. City of New York KINGS COUNTY
Criminal Practice
Holding in 'Heller' Did Not invalidate New York's Gun Possession Laws; Dismissal Denied
People v. Albi AbdullahNASSAU COUNTY
Contracts
Whether Statements or Acts Constituted Unequivocal Repudiation Question of Fact
Alarm Monitoring Corp. v. D'Agostino Supermarkets Inc.NASSAU COUNTY
Landlord/Tenant Law
Termination Notice Fails to Provide Fact Specific Examples of Alleged Nuisance; Petition Dismissed
Spivack Realty Co. v. SvobodnySUFFOLK COUNTY
Personal Property
Free With Registration: Owner Not Beneficiary, Subrogation Unavailable If Payments to Subcontractors Made Voluntarily
Broadway Houston Mack Development LLC v. KohlROCKLAND COUNTY
Constitutional Law
'Heller' Did Not Extend Right to Bear Arms Anywhere, Anytime; Unrestricted Permit Denied
Matter of BastianiU.S. COURT OF APPEALS, SECOND CIRCUIT
Attorneys' Fees
Panel Sets 'High Hurdle' to Alter Fees Awarded in Bankruptcy Proceedings
In re: Smart World Technologies LLC v. Official Committee of Unsecured CreditorsU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
'Forman' Factors Favor Grant of Motion to Amend Pleading to Correct 'Inadvertent Drafting Error'
Gormin v. HubregsenU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Cy Pres Doctrine Rejected in Bid to Distribute $1.2 Million in Unclaimed Settlement Funds
White v. First American RegistryU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
ERISA Suit Alleging Breaches of Duty by Airline's Pension Plan Fiduciaries Summarily Dismissed
Cress v. WilsonU.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice
Patent Infringement Suit Transferred to Utah After Challenge to Federal Long-Arm Jurisdiction
Aqua Shield Inc. v. Inter Pool Cover Team
Full post as published by New York Supreme Court Criminal Term Library on January 13, 2009 (boomark / email).
Dumb New York Laws
Stupid Laws in the Empire State
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
New York Building Codes
Building and constructions laws in New York
Selection of State Supreme Court Judges
How State Court Judges are Selected
Health Insurers
Dictating Medical Decisions
New York Employment Law
alleged violations of New York employment law.
Stock Market Losses
alleging bad financial advice and conflicts of interest.
JP Morgan Chase & Co
Faces Lawsuit Over Hikes in Credit Card Interest Rate
Aetna Settles with New York State for $20 Million
Oppenheimer ATM-Free New York Municipals
401(k) / ERISA Stock Fraud

Maintenance Regulation Published in the OJ
In the January 12, 2009 issue of The National Law Journal








