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: New York Supreme Court Criminal Term LibraryNew York Law Journal Decisions of Interest February 23, 2009
By David Badertscher, PLL
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U.S. COURT OF APPEALS, SECOND CIRCUIT
Constitutional Law
Free With Registration: City Law Requiring Food Chains to Post Calorie Counts Upheld; First Amendment Not Violated
New York State Restaurant Assoc., plaintiff-appellant v. New York City Board of Health, defendants-appellees
APPELLATE DIVISION
FIRST DEPARTMENT
Civil Practice
Court Must Reconsider Rulings on Palestinian Funds Frozen to Satisfy Judgment Against PLO
Palestine Monetary Authority v. Strachman NEW YORK COUNTY
Criminal Practice
Tampering With Physical Evidence, Obstructing Governmental Administration Charges Sustained
People v. David BulaBRONX COUNTY
Criminal Practice
Defendant Denied Hearing to Decide if Test Done More Than Two Hours After Arrest Relevant
People v. D.R.KINGS COUNTY
Criminal Practice
Defendant Fails to Establish Non-Frivolous Need For Sentencing Transcripts Free of Costs, Fees
People v. Martin VelasquezKINGS COUNTY
Criminal Practice
Court Rules Joker Poker Machine A Gambling Device, Denies Dismissal
People v. Raquel DelacruzNASSAU COUNTY
Torts
Municipality Does Not Have Duty to Install Or Maintain Street Lighting; Dismissal Granted
Poppke v. Portugese American Club of MineolaNASSAU COUNTY
Criminal Practice
Motion to Quash Defense Subpoena Granted; Subpoena Improperly Obtained, Non-Compliant
People v. Justin R. OlsenU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
AP's 'Free Ride', 'Hot News' Misappropriation Claims Survive Online Venture's Dismissal Bid
The Associated Press v. All Headline News Corp.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
False Statements Deemed Admissible Evidence In Upcoming Trial for Mail Fraud, Conspiracies
United States v. Michael SchlusselU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
Derivative Actions Dismissed Due to Plaintiffs' Lack of Standing Under Governing Delaware Law
In re: Merrill Lynch & Co. Inc. Securities, Derivative and ERISA LitigationU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Suit Claiming Infringement on Song's Copyright Dismissed as Time Barred Under Limits Period
Poindexter v. Warner/Chappell Music Inc.
Full post as published by New York Supreme Court Criminal Term Library on February 23, 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

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