Legal Research

New York Law Journal: Decisions of Interest June 9, 2009

By David Badertscher, PLL

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U.S. COURT OF APPEALS, SECOND CIRCUIT
Attorney's Fees
Lawyers Representing Themselves in FOIA Cases Not Eligible for Fees Under 5 USC Ā§552(a)(4)(E)
Pietrangelo, plaintiff-appellant v. United States Army, defendant-appellee

NEW YORK COUNTY
Torts
Free With Registration: Defendants Fail to Prove Student's Actions Against Fellow Student Impulsive, Unanticipated
Thacker v. City of New York

BRONX COUNTY
Criminal Practice
Defendant Enjoined From Filing Further Pro Se CPL §440 Motions Without Leave of Court
People v. Richard Shaw

KINGS COUNTY
Torts
Assumption of Risk Not Absolute Defense, But Measure of Defendant's Duty of Care
Fourtounis v. MJB Service Station Inc.

KINGS COUNTY
Insurance Law
No-Fault Benefits Unavailable Under New Jersey Policy Declared Void Ab Initio Retroactively
MZ Medical Care PC v. Selective Ins. Co. of America

NASSAU COUNTY
Torts
Driver's Negligence Proximate Cause of Decedent's Injuries; Partial Summary Judgment Granted
Mirabile v. Malanga

NASSAU COUNTY
Creditors' and Debtors' Rights
Client Entitled to Credit Issued by Defendant For Agreement Defendant Refused to Perform
Alvarado v. Smart Laser

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Legal Profession
Malpractice Complaint Dismissed, Claim Not Stated; Conviction Stands, Plaintiff Remains Incarcerated
Wolfson v. Moskowitz

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Torts
Injunction Effectively Barring Ex-'American' Manager's Employment at 'Delta' Is Denied
American Airlines Inc. v. Imhof

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Attorneys' Fees
Law Firm's Fees in Retaining Lien Reduced To Compensate for Duplication Inefficiencies
Katz v. Image Innovations Holdings Inc.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Admiralty
Attachment Against Steel Cargo's Consignee Denied; Distortion of Rule B's Scope Sought
Brother Unity Maritime S.A. v. Dongkuk Steel Mill Co. Ltd.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Legal Profession
Bankruptcy Court Order Barring Malpractice Claim As Res Judicata Reversed on Basis of Fact Issues
Penthouse Media Group Inc. v. Pachulski Stang Ziehl & Jones LLP

Full post as published by New York Supreme Court Criminal Term Library on June 09, 2009 (boomark / email).