Home -> Law Blog Directory -> Legal Research Blogs -> New York Supreme Court Criminal Term Library

Legal Research

: New York Supreme Court Criminal Term Library

LAW.COM Newswire Highlights March 24, 2010

By David Badertscher, PLL

If you are already an online subscriber to the LAW.COM service you should be able to click on any of the links below, sign in, and access the full text of all articles listed. A subscription to LAW.COM is needed for online access to this service.

Labor Decisions at Risk as Justices Struggle With NLRB Authority

The National Law Journal

With the legitimacy of more than 500 labor-management decisions at stake, the U.S. Supreme Court on Tuesday appeared divided over whether the vacancy-hobbled National Labor Relations Board can operate with only two of its five board members. "We have to decide whether it is OK for two members to set the most major policies or whether they can't conduct even the simplest adjudications," said Justice Stephen Breyer during arguments in New Process Steel L.P. v. National Labor Relations Board.

Reinstated $18.9 Million Copyright Verdict Marks Latest Twist in Long-Running Case

The Legal Intelligencer

When a jury awarded almost $18.9 million in a copyright infringement case nearly four years ago, it set the wheels in motion for a legal roller-coaster ride that included a new trial with a verdict of less than $1.7 million, followed by an appeal that led to reinstatement of the first verdict. Now a federal judge has ruled that the first jury's verdict was not "excessive," paving the way for motions from the plaintiff seeking pre-judgment and post-judgment interest that could swell the award to more than $30 million.

KBR Ends Supreme Court Appeal in Case of Employee's Alleged Rape by Co-Workers

The National Law Journal

The high-profile case of Jamie Leigh Jones, a Halliburton/KBR employee who claims she was raped by co-workers in Iraq in 2005, won't be considered by the Supreme Court -- at least for now. Lawyers for KBR, who had sought to force Jones' complaint into arbitration as called for by her employment contract, have withdrawn the company's petition for high court review. A lawyer for Jones says he expects some of her claims to go to trial in federal court in May 2011.

Greenberg to Repay $3.2 Million in Fees due to Ex-Partner's Bill-Padding

The American Lawyer

Greenberg Traurig has agreed to pay a Chicago suburb $3.2 million after state prosecutors charged former government affairs partner Mark McCombs with inflating legal bills earlier this month. "Greenberg Traurig made things right as soon as it became aware of the problem," Calumet Park Mayor Joseph DuPar said in a statement released by the village. "We believe everyone, including the law firm, was deceived by McCombs. They are doing the right thing and helping a community that needs the help."

BAR/BRI Plaintiffs Firms Take Fee Request Back to the 9th Circuit

The National Law Journal

Plaintiffs lawyers who obtained a $49 million settlement in an antitrust class action against BAR/BRI's parent company are gearing up for another fight before the 9th Circuit -- this time, over attorney fees. Class counsel McGuireWoods filed a notice of appeal after federal Judge Manuel Real eliminated all the firm's attorney fees over an apparent conflict of interest. Two other firms serving as class counsel, Zwerling, Schachter & Zwerling and Finkelstein Thompson, whose fees the judge reduced, have also appealed.

Sony Loses Bid to Enforce Agreement With Competitor's Top Executive

New York Law Journal

A judge has thrown out a suit by Sony Music Entertainment against a competitor and one of the competitor's top executives, who allegedly breached a $3 million employment contract with Sony. Sony claimed Ronn Werre, COO of EMI's North American operations, used the Sony agreement as a "stalking horse" to win a more lucrative deal with British-based EMI. The judge held that Werre could not have breached the Sony agreement, since the provision in question would take effect only if Werre began working for Sony.

Caretaker Who Secretly Wed Dying Man Loses Claim to His Estate

New York Law Journal

Refusing to "mechanically" apply New York's Estates, Powers and Trusts Law, an appellate panel has held that a caretaker who secretly married a dying retiree with dementia may not claim an elective share of his estate. Nidia Colon, who married Howard Thomas while his primary caregiver was on vacation, "technically had a legal right to an elective share as a surviving spouse," but the panel refused to enforce that right, citing the equitable principle that courts must not allow a person to profit from her own wrongdoing.

Judge's Rejection of 9/11 Settlement Raises Questions About His Asserted 'Power of Review'

New York Law Journal

Judge Alvin K. Hellerstein's rejection of a settlement between New York City and some 10,000 plaintiffs who claimed to have suffered respiratory ailments during the World Trade Center response and cleanup has left the lawyers for the plaintiffs, the city and its contractors who had spent almost two years negotiating the settlement wondering what to do next. Although the judge acknowledged that most settlements are private, he said that because the 9/11 case had dominated his docket, he had the power of review.

Feds Make Case -- Again -- for Reyes' Conviction

The Recorder

The first time Gregory Reyes was on trial for backdating stock options, federal prosecutors got in trouble for their closing arguments. But on Monday, Assistant U.S. Attorneys Adam Reeves and David Anderson delivered their final thoughts smoothly for the retrial. And this time, it was Reyes' new lawyer, Stephen Neal of Cooley Godward Kronish, who drew a slew of objections from the government.

Detroit Court Worker Charged With Making Bomb Threat

The National Law Journal

A contract worker has been charged with calling in a false bomb threat to a Detroit courthouse on Jan. 13. The suspect, Lee Collins, who was arraigned Monday afternoon, helped the local prosecutor's office determine which defendants were eligible for substance abuse treatment and participation in mental health programs. The bomb threat caused the entire Frank Murphy Hall of Justice to be searched; no bomb was found. A motive is not known.

Town's Taking of Beachfront Property Without Compensation Tested at Court

New Jersey Law Journal

The New Jersey Supreme Court heard arguments Monday in a tempestuous case challenging the right of a municipality to acquire land without following eminent domain procedure or paying compensation, through actions that make it unusable to the owners. The borough of Avalon's lawyer, Michael Donohue, said Edward and Nancy Klummp should have been aware decades ago that the borough had seized the property, noting that the tax bill was 46 cents. "Shouldn't that put them on notice that something is terribly wrong?" he asked.

High Court Won't Bite on Michigan's Latest Bid in Asian Carp Case

The National Law Journal

Michigan's legal fight to stop Asian carp from invading the Great Lakes is far from over, but it has hit another setback in the U.S. Supreme Court. For the second time in recent months, the high court rejected -- without comment -- Michigan's request for a preliminary emergency injunction to close Chicago-area locks. Michigan had filed a renewed motion, citing new DNA evidence of Asian carp slipping into Lake Michigan and a study that allegedly contradicted Illinois' fears of major economic losses.

Former DLA, Duane Morris Partner Sentenced in Singapore After Forgery Trial

The American Lawyer

Rudy Lim, former partner in the Singapore offices of both DLA Piper and Duane Morris, was sentenced to two months in jail on Monday for lying about his annual compensation, reports The Straits Times. The sentencing came after a three-day trial over the charges in mid-March. Lim had been working for DLA in Singapore for several years handling project development and finance work before interviewing with Duane Morris in late 2006 in anticipation of the firm opening a Singapore office in January 2007.

Visit International News

'Sexting,' Texting and EDD Before High Court

The National Law Journal

While stories of "sexting" and cheating husbands are common in tabloids, such salacious facts are rare in U.S. Supreme Court cases. It is equally unusual for the Court to touch upon aspects of e-discovery. But they both come together in a case that could impact workplace best practices.

Visit Legal Technology

Sonnenschein's Gamble on 100 Thacher Hires Pays Off

New York Law Journal

Sonnenschein Nath & Rosenthal made a risky bet a year ago by hiring 100 lawyers from structured finance-heavy Thacher Proffitt & Wood. Now Sonnenschein lawyers on both sides of the deal say the rushed integration is going well, resulting in unexpected opportunities and new clients.

Visit the Career Center

Attorneys Angry Over Their Inclusion on List of Criminally Charged

Texas Lawyer

A Texas television station that regularly publishes online the names of persons charged with misdemeanor offenses erroneously included the names of about 25 attorneys on the list that appeared on its Web site on March 16. The station removed the list the next day and issued an online apology, but that is not enough for some attorneys. Solo Stephen L. Hamilton says he expects he will proceed with litigation against the station, and others say they are or will be consulting attorneys about the matter.

Visit Small Firm Business

Learning to Manage Money, Leads and the Future as a Solo

The Legal Intelligencer

Finding the time to manage money has been one of the most difficult aspects of going solo, says attorney David Koller. But he's developing some helpful techniques and is beginning to figure out a formula for when and how much to pay himself. And as referrals come in, he is still constantly trying to focus on marketing efforts, including developing a newsletter e-mail and trying out a coupon concept. As a solo attorney, Koller is finding himself thinking and planning ahead much more than he ever had before.

Visit Small Firm Business

Law.com®

120 Broadway, 5th Floor, New York, NY 10271-1101 (877) 256-CIRC

Customer Service Phone: (877) 256-CIRC

 

Full post as published by New York Supreme Court Criminal Term Library on March 24, 2010 (boomark / email).