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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Interest July 10, 2009
By David Badertscher, PLL
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U.S. COURT OF APPEALS, SECOND CIRCUIT
Civil Rights
State Prisoner's Free Speech Rights Not Violated By Enforcement of Work Stoppage Regulation
Pilgrim, plaintiff-appellant v. Luther, defendants-appellees
NEW YORK COUNTY
Labor Law
Employees' Allegations Do Not Sufficiently State A Claim of A Violation of Labor Law §740
§740 Katz v. Quality Building Services
NEW YORK COUNTY
Family Law
Court Denies Wife's Motion For Injunction Of Russian Post-Divorce Action
MK v. NK
QUEENS COUNTY
Criminal Practice
Sex Offender Found to Have Mental Abnormality Requiring Confinement in Secure Treatment Facility
Matter of State of New York v. Kenneth Thompson
QUEENS COUNTY
Insurance Law
Insurer's Argument of Workers' Compensation Being 'Primary' Not Deemed Lack of Coverage Defense
Corona Comprehensive Medical Care PC v. Global Liberty Ins. Co. of NY
NASSAU COUNTY
Insurance Law
Insurer Denied Motion to Compel Deposition Three Years After Notice of Trial Filed
Media Neurology PC v. Liberty Mutual Ins. Co.
NASSAU COUNTY
Criminal Practice
Prosecutors Must Announce Trial Readiness Anew After A Mistrial Is Declared; Dismissal Granted
People v. Tempest Reres
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Chairs' Buyer Lacks Standing for Lanham Act False Designation Claim But May Assert Claim for Fraud
Itakura v. Primavera Galleries Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Trademark Infringement Suit Dismissed as Against Nonresident Who Sold Only One Bag Over Web Site
Chloé v. Queen Bee of Beverly Hills LLC
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Admiralty
'Chilean Line' Cited in Denial of Attachment Order's Extension to Company Deemed 'Found' in District
Amber Int'l Navigation Inc. v. Repinter Int'l Shipping Co. S.A.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Attorneys' Fees
Court Reconsiders, Adheres to $35,895 Sanction For Costs in Reacting to Misstatements as to Tapes
Homkow v. Musika Records Inc.
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Contracts
Prison Subcontractor's Miller Act Claim Untimely; Court Lacks Jurisdiction Over Its State Law Claims
United States v. American Home Assurance Co. Inc.
Full post as published by New York Supreme Court Criminal Term Library on July 10, 2009 (boomark / email).
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Health Insurers
Dictating Medical Decisions
New York Employment Law
alleged violations of New York employment law.
Cipro
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...
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