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: New York Supreme Court Criminal Term LibraryNew York Law Journal Decisions of Interest February 11, 2008
By David Badertscher, PLL
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APPELLATE DIVISION
FIRST DEPARTMENT
Torts
Ladder Did Not Provide Elevated Worker Adequate Safety Device; ?Scaffold Law? Claim Reversed
Cohen, plaintiffs-appellants v. Memorial Sloan-Kettering Cancer Center, defendants-respondents
NEW YORK COUNTY
Business Law
New York Does Not Recognize Separate Cause Of Action to Pierce Corporate Veil; Claim Dismissed
Boczar v. Greene NEW YORK COUNTY
Constitutional Law
Court Allows Judges' Suit Alleging Violation Of Separation of Powers Doctrine to Proceed
Larabee v. SpitzerKINGS COUNTY
Creditors and Debtors Law
Conveyance of Property May Only Be Fraudulent If Nursing Home a ?Creditor? Prior to Conveyance
Ruby Weston Manor v. VidalKINGS COUNTY
Civil Practice
Court Grants Limited Discovery to Ascertain If Defendants 'Doing Business' in State
Bankrate Inc. v. Mainline Tavistock Inc.KINGS COUNTY
Criminal Practice
Complaint Did Not Allege Disruptive, Tumultuous Behavior; Disorderly Conduct Charge Dismissed
People v. Thaddeus ReedQUEENS COUNTY
Juvenile Law
Court Finds Five-Year-Old Victim of Alleged Sex Offenses Is a Vulnerable Witness
In Matter of Noel O.U.S. COURT OF APPEALS, SECOND CIRCUIT
Employment
Court Finds ERISA 'Anti-Cutback' Rule Not Violated By Earnings Limit Applied to Welfare Benefit Plan
Robinson v. Sheet Metal Workers' National Pension FundU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Damages
Applying Circuit Methodology After Remand, Court Awards Photojournalist $677,684 for Lost Images
Grace v. Corbis SygmaU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Motor Vehicles
FTCA Suit Against DHS Dismissed Due to Claim's Improper Presentment, Failure to Exhaust Remedies
Davis v. United StatesU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Stay of Action Lifted After Court Finds 'First-Filed' Rule No Longer Applicable to Suits in Iowa, New York
All American Telephone Co. Inc. v. AT&T Inc.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
Insurer Properly Denied Coverage to Wholesaler Sued After Retaining Jewelry Designer's Samples
Accessories Biz Inc. v. Linda and Jay Keane Inc.
Full post as published by New York Supreme Court Criminal Term Library on February 11, 2008 (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
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Building and constructions laws in New York
Transportation Equity Act for the 21st Century
TEA-21 - Plus Law 105-178
Selection of State Supreme Court Judges
How State Court Judges are Selected
Health Insurers
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
alleging bad financial advice and conflicts of interest.
JP Morgan Chase & Co
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