Legal Research

New York Law Journal: Decisions of Interest February 24, 2009

By David Badertscher, PLL

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U.S. COURT OF APPEALS, SECOND CIRCUIT
Legal Profession
Free With Registration: State High Court Must Resolve Champerty Issues Arising From Assignment of Contract Rights
Trust for the Certificate Holders of the Merrill Lynch Mortgage Investors Inc., plaintiff-appellant v. Love Funding Corp., defendant-appellee¹

NEW YORK COUNTY
Civil Practice
Bextra, Celebrex Litigation Dismissed On Forum Non-Conveniens Grounds
In Re: NY Bextra & Celebrex Product Liability Litigation

NEW YORK COUNTY
Torts
Contradictory Testimony Sufficient to Raise Issue of Fact of Whether Detention Reasonable
Lee v. Pearl Paint Co. Inc.

APPELLATE DIVISION
SECOND DEPARTMENT
Motor Vehicles
Toll on Statutory Interest Applies to No-Fault Claims Submitted by Provider/Assignee, Injured Person
East Acupuncture PC v. Allstate Ins. Co.

KINGS COUNTY
Legal Profession
Disqualification of Plaintiff's Counsel Denied As Movants Had No Standing to Raise Issue
Camel v. Nijjar

KINGS COUNTY
Torts
Summary Judgment Granted to Premises Owner; Fall Not Caused by Defective Cellar Door
Centeno v. Torres

QUEENS COUNTY
Attorneys' Fees
Tenant Awarded Attorneys' Fees For Nonpayment Proceedings, Expenses incurred Prior to Litigation
Hampshire Owners Corp. v. Sullivan

SUFFOLK COUNTY
Motor Vehicles
Court Finds Federal Law, 'Graves Amendment' Bars Vicarious Liability Suit Against Lessor
Zawatsky v. Barker Materials Ltd.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
Court Confirms British Arbitral Award Arising From Admiralty Action
Rhonda Enterprises S.A. v. Projector S.A.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Warrant in Child Pornography Case Insufficient But Suppression Denied on 'Good-Faith' Exception
United States v. Richard Genin

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights
State, Parole Specialist Immune From Lawsuit Arising From Parole Revocation, Imprisonment
Moore v. Birmingham

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice
State Court Immune From Lawsuit Arising From Foreigner's Litigation Against Bank
Brown v. New York State Supreme Court for the Second Judicial District

Full post as published by New York Supreme Court Criminal Term Library on February 24, 2009 (boomark / email).