Legal Research

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New York Court of Appeals Roundup
Wednesday, July 8, 2009
By Roy L. Reardon and Mary Elizabeth McGarry

"Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, discuss recent cases in which the Court held that unnamed plaintiffs in class actions will not be presumed to have access to class counsel's documents gathered in preparing the case, found no constitutional violation from the unequal amount of disability benefits provided to legal aliens who had not become citizens within seven years than to other legal aliens and citizens, and overturned a municipal curfew as violative of the substantive due process rights of both minors and their parents. "

OUTSIDE COUNSEL:

Coverage Conflicts for Retained Insurance Defense Counsel
Wednesday, July 8, 2009
By Barry R. Temkin

"Barry R. Temkin, counsel to Mound Cotton Wollan & Greengrass and an adjunct professor at Fordham University School of Law, writes: The Rules of Professional Conduct instruct lawyers to exercise independent judgment on behalf of clients - especially when someone else is paying the legal fees. Lawyers must be vigilant in ascertaining potential and actual conflicts between clients and insurance carriers, which arise in a variety of situations. A case that presents both covered and uncovered claims often represents a conflict for defense counsel."

REAL ESTATE TRENDS:

 Post-Acceleration Check Generally Can Be Accepted
Wednesday, July 8, 2009
By Bruce J. Bergman

" Bruce J. Bergman, a partner with Berkman, Henoch, Peterson & Peddy, writes: Foreclosures are almost always desperate situations. Often arising from the trauma and despair of default portending loss of property, intermittent payments can clash with default notices or declarations of acceleration. In turn, this leads to frequent lender confusion about when these stuttering remittances can safely be accepted without fear of waiver. From the opposite perspective, borrowers can wonder whether an accepted payment relieves a default. If anything, the continuing subprime debacle elevates these concerns."