Legal Research

If you are already an online subscriber to the New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed.

http://www.nylj.com

Subscription required for online access unless otherwise noted:

Products Liability
Thursday, January 29, 2009
By Michael Hoenig

" Michael Hoenig, a member of Herzfeld & Rubin, writes that interested counsel in multiparty cases need to be vigilant about lurking Mary Carter arrangements, secret high-lows or any partial settlements. In a recent First Department case, the court observed that the law on disclosure of settlement agreements to nonsettling parties "is unclear and presents a thorny issue," and wrote an opinion intended to be instructive on how trial courts may deal with requests for disclosure of those agreements".

Western District Roundup
Thursday, January 29, 2009
By Sharon M. Porcellio

" Sharon M. Porcellio, a partner at Ward Norris Heller & Reidy, wrtites that as the new year began, the U.S. District Court for the Western District of New York, in post-trial motions, addressed the requirements for pleading a successful Title VII retaliatory discharge claim. It also admonished serial litigants, warning that they might face additional consequences for repetitive reassertion of their claims. "

OUTSIDE COUNSEL:

Amendment Requires Escrowing of Real Estate Brokerage Pay
Thursday, January 29, 2009
By Clarence S. Barasch

 "Clarence S. Barasch, a member of the Law Firm of Clarence S. Barasch & Lionel A. Barasch, reviews the recent amendment to the Real Property Law that requires certain sellers or lessors of residential property to deposit in escrow a broker's commission with the county recording officer. The present amendment, although declaring that it is not creating a lien, far transcends the original statute by giving a broker much more than a lien - it requires the segregation and escrowing of the commission, before a judgment finding that the commission has been earned. "

CORPORATE UPDATE:

Bank Escapes Liability to its Shareholders For Alleged Role in Hiding of Enron Debt
Thursday, January 29, 2009
By Kate Fazzini

"JPMorgan Chase paid $2.2 billion to settle a lawsuit against it by Enron investors, but it has escaped liability to its own shareholders for its dealings with the notorious energy trading company. The Second Circuit has ruled that JPMorgan shareholders cannot sue the bank for a plunge in their stock values that resulted from the bank's creation of "special purpose" entities, including Mahonia Natural Gas Ltd., that allegedly enabled Enron to conceal debt from investors by reporting the cash flow from JPMorgan through Mahonia to Enron as revenue from prepaid commodity trades rather than as loan proceeds. "