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: New York Supreme Court Criminal Term LibraryNew York Law Journal Decisions of Interest January 31, 2008
By David Badertscher, PLL
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APPELLATE DIVISION
FIRST DEPARTMENT
Motor Vehicles
Triable Fact Issues Exist Whether Double-Parked Access-a-Ride Van Proximately Caused Accident
White, plaintiff-respondent v. Diaz, defendants
NEW YORK COUNTY
Insurance Law
AG's Complaint Against Bank for Violations Of Executive Law Fails to State Cause of Action
People v. Wells Fargo Ins. Services Inc. NEW YORK COUNTY
Civil Practice
Court States Patient's Medical Malpractice Action Barred By Signed Release
Beck v. ShamamianNEW YORK COUNTY
Attorneys' Fees
No 'Meeting of Minds' Regarding Oral Agreement By Defendant to Retain Law Firm; Action Dismissed
Barry Mallin & Associates PC v. Nash Metalware Co. Inc.BRONX COUNTY
Criminal Practice
Petitioner Was Not Denied Effective Assistance Of Counsel; Habeas Corpus Relief Unwarranted
People (ex rel. Terry Smith) v. Warden, Rikers Island Correctional FacilityRICHMOND COUNTY
Torts
Constructive Notice Not Imputed by Ticket Taker; Opera Granted Dismissal of Plaintiff's Injury Claims
Pinto v. Metropolitan OperaSUFFOLK COUNTY
Family Law
Court Finds Father Neglected His Infant Daughter By Having 'Vile' Child Porn on Home Computer
Matter of M.G. v. Kevin G.U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
English Language Deficiency May Toll AEDPA Limit But Due Diligence Warranting Tolling Not Shown
Diaz v. KellyU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Issues Exist on Infringement Claims Based on Package Color; Secondary Meaning, Confusion Not Shown
Johnson & Johnson v. Actavis Group hfU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Labor Law
Subpoena in Investigator's Authority Limited in Scope Given Prior Offer to Reduce List of Documents Sought
United States v. Dist. Coun., New York City and Vicinity, United Brotherhood of Carpenters and Joiners of AmericaU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
NASD Granted Protective Order; Its Disclosure Of Appeal Brief to SEC Did Not Defeat Request
Standard Investment Chartered Inc. v. National Association of Securities Dealers Inc.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Immigration Law
Asylee Loses Motion for Order to Change Date Of Asylee Relative Petitions' Receipt by USCIS
Farag v. U.S. Citizenship and Immigration Services
Full post as published by New York Supreme Court Criminal Term Library on January 31, 2008 (boomark / email).
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Transportation Equity Act for the 21st Century
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Selection of State Supreme Court Judges
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Dictating Medical Decisions
New York Employment Law
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The FDA is seeking to add black box warnings of the risk of tendon rupture associated with Cipro and Levaquin.
The ruptures can involve Achilles tendon, shoulder, hand, bicep or thumb tendons, and is especially increased in patients older than 60, or people who have received kidney, heart or lung transplants, as well as people on steroid therapy...
Stock Market Losses
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JP Morgan Chase & Co
Faces Lawsuit Over Hikes in Credit Card Interest Rate

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