Legal Research

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Second Circuit Review
Wednesday, December 23, 2009
By Martin Flumenbaum and Brad S. Karp

"Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss a recent case where the Circuit affirmed a district court decision holding that a party to a private settlement, whose terms are incorporated into an order of dismissal, is a prevailing party under 42 U.S.C. §1988(b) (a fee-shifting statute governing civil rights actions), and therefore eligible for attorney's fees."

Condemnation and Tax Certiorari
Wednesday, December 23, 2009
By M. Robert Goldstein and Michael Rikon

"M. Robert Goldstein and Michael Rikon, partners of Goldstein, Goldstein, Rikon & Gottlieb, write: While we have not even attempted to read all of the enabling acts creating the 1,098 public authorities in the State of New York, all those we have seen over a long period of time were granted the power of eminent domain. These agencies depend for their financing upon legislative appropriations, bond issues for specific projects and tolls in the case of highways and bridges. Such bonds do not have the backing of the full faith and credit of the state and are deemed only moral obligations of the state, which brings to mind a very basic concept of constitutional law - the right to sure and certain compensation to a property owner whose property is taken by right of eminent domain."

OUTSIDE COUNSEL:

Private or Public? Either Way, Give Proper Notice of Construction Claims
Wednesday, December 23, 2009
By Mark Canizio and Meghan DiPerna

"Mark Canizio, a partner at Duane Morris, and Meghan DiPerna, an associate at the firm, write: Take note, New York contractors and subcontractors. A recent decision by the Appellate Division, First Department, is likely to have an impact on claims brought against owners, construction managers and general contractors on private construction projects in the state. On April 9, the court strictly enforced a 15-day notice-of-claim provision set forth in a private contract between a construction manager and an electrical subcontractor."

REAL ESTATE TRENDS:

Grouping a Rental Activity Under the Passive Loss Rules
Wednesday, December 23, 2009
By Ezra Dyckman and Daniel W. Stahl

"Ezra Dyckman, a partner at Roberts & Holland, and Daniel W. Stahl, an associate at the firm, write that in a recent case, the United States Tax Court addressed the grouping of activities under the passive loss rules when one of the activities is a rental activity. The case, they say, highlights some of the rules affecting how the passive loss limitations affect real estate owners."