Legal Research

New York Law Journal: Decisions of Interest February 27, 2009

By David Badertscher, PLL

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U.S. COURT OF APPEALS, SECOND CIRCUIT
Social Services Law
EAJA Legal Fee Denial Remanded; Opposition To Benefits Not Shown 'Substantially Justified'
Ericksson, plaintiff-appellant v. Commissioner of Social Security, defendant-appellee

NEW YORK COUNTY
Torts
Attorney's, Artist's Claim of Violation of Civil Rights Law Against Youssou Ndour Dismissed
Diokhane v. 57th & Irving Inc.

KINGS COUNTY
Insurance Law
Provider Granted Judgment For No-Fault Benefits; No Showing Assignor Not 'Qualified Person'
Kipor Medicine PC v. MVAIC

QUEENS COUNTY
Commercial Law
Plaintiff a 'Holder in Due Course,' Granted Summary Judgment in Lieu of Complaint
Easy Cash Corp. v. Gateway Design Group Inc.

NASSAU COUNTY
Trusts and Estates
Colelge Denied Petition to Modify Terms Of Inter Vivos Trust Under EPTL §8-1.1
Matter of Isabel Scriba Charitable Remainder Unitrust

CLINTON COUNTY
Family Law
Free With Registration: Support Magistrate Erred by Including Tax Refunds in Parties' Income to Calculate Support
Matter of Shelby T. v. Michael L.

ALBANY COUNTY
Criminal Practice
Local Law Prohibiting Sex Offenders From Residing Near Schools Preempted by State Law
People v. James Blair

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Antitrust
Tying Charge Against Medical Equipment Maker Fails; Buyer's Actual Coercion Not Pleaded, Alleged
Synergetics USA Inc. v. Alcon Laboratories Inc.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Admiralty
COGSA Liability Limit Order Denied; Fact Issue Exists on Value Notice, Opportunity to Avoid Limit
Russul Corp. v. Zim American Integrated Shipping Services Co. Inc.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Removability Not Found Where State Complaint 'Peppered' With U.S. Agency Decisions But Not FLSA
Segal v. Varonis Systems Inc.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Court Denies Stay of Its Judgment Dismissing Government's Claim to Forfeiture of $1.4 Million
United States v. $1,399,313.74 in U.S. Currency

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
Free With Registration: Insured's Claims Do Not Support Punitive Damages Claim; 'New York University' Cited
Neff v. Automobile Ins. Co. of Hartford

Full post as published by New York Supreme Court Criminal Term Library on February 27, 2009 (boomark / email).