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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Interest December 22, 2009
By David Badertscher, PLL
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APPELLATE DIVISION
FIRST DEPARTMENT
Attorney's Fees
Free With Registration: Attorney Can Seek to Recover Fees Despite Faulty Retainer, Panel Says
Nabi v. Sells
NEW YORK COUNTY
Business Law
Court Rules Negligence Claims Are Preempted Under Martin Act
Aris Multi-Strategy Offshore Fund Ltd. v. Devaney KINGS COUNTY
Family Law
Court Refuses Request for Adoption Order to Be Dated Nunc Pro Tunc for Immigration Purposes
Matter of the Adoption of SadeQUEENS COUNTY
Criminal Practice
Endangering Welfare of Child Charge For Exposure to Marijuana Stands
People v. PortorrealNASSAU COUNTY
Taxation
Keyspan Is Awarded $1.3 Million; Ad Valorem Levies Are Ruled Illegal
Keyspan Gas East Corp. v. Supervisor of Town North HempsteadWESTCHESTER COUNTY
Criminal Practice
Court Finds Defendant Is Not Eligible For Resentencing Under Drug Law Reform Act
People v. NievesU.S. COURT OF APPEALS, SECOND CIRCUIT
Constitutional Law
NYPD Shooting Breath Test Policy Survives Fourth Amendment Scrutiny Under 'Special Needs' Doctrine
Lynch v. City of New YorkU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Labor Law
Hybrid §301/Fair Representation Claim Untimely; LMRA §301 Preempts Contract Breach Claim
Arnold v. 1199 SEIUU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Licensee Estoppel Doctrine Bars Challenge Of Use of Shared Mark for Two Restaurants
HSW Enterprises Inc. v. Woo Lae Oak Inc.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Social Services Law
'Treating Physician' Rule Violated by ALJ; Disability Benefits' Denial Reversed, Case Remanded
Richardson v. AstrueU.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Constitutional Law
28 USC §1367 Does Not Negate §1441(a) Removal Limit to Cases Where Court Has Original Jurisdiction
Calabro v. Aniqa Halal Live Poultry Corp.
Full post as published by New York Supreme Court Criminal Term Library on December 22, 2009 (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
New York Building Codes
Building and constructions laws in New York
Selection of State Supreme Court Judges
How State Court Judges are Selected
Health Insurers
Dictating Medical Decisions
New York Employment Law
alleged violations of New York employment law.
Stock Market Losses
alleging bad financial advice and conflicts of interest.
JP Morgan Chase & Co
Faces Lawsuit Over Hikes in Credit Card Interest Rate
Aetna Settles with New York State for $20 Million
Oppenheimer ATM-Free New York Municipals
401(k) / ERISA Stock Fraud

New York Adopts ABA Model Rules Effective April 1, 2009
SCOKY 2009 Minutes: December 17, 2009 (No. 274)
Maintenance Regulation Published in the OJ
New York Law Journal Special Report on Labor and Employment Law
New York Law Journal Special Report On Law Schools









