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: New York Supreme Court Criminal Term LibraryNew York Law Journal Decisions of Interest March 19, 2008
By David Badertscher, PLL
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U.S. COURT OF APPEALS, SECOND CIRCUIT
Immigration Law
Court Remands, Urging BIA to Clarify Persecution Standard in Chinese Asylum Case
Jiang, petitioner v. Bureau of Citizenship and Immigration Services, respondent
NEW YORK COUNTY
Torts
Small Claims Action Fails Against Sothebys; Court Finds No Legal Basis Exists for Liability
Kitchen v. Sothebys NEW YORK COUNTY
Landlord/Tenant Law
Proof Insufficient Under 'Griggs' to Warrant Trial To Evict Tenant for Chronic Nonpayment of Rent
Free With Registration:Uptown Realty Unlimited LLC v. FloresKINGS COUNTY
Real Property
Dismissal for Failure to State Cause in Complaint Alleging Fraud in Mortgage Rescue Scheme Denied
Free With Registration:Mathurin v. Lost & Found Recovery LLCKINGS COUNTY
Real Property
Sidewalk Defect Caused by Tree Root Does Not Bar Application of Sidewalk Law; City Not Liable in Suit
Falco v. Jennings Hall Senior Citizen Housing Development Fund Inc.NASSAU COUNTY
Contracts
Stipulation of Settlement May Be Given Binding Effect, Enforceable by Motion or Plenary Action
Melro Electronic Devices Inc. v. C.M.C. Collision Inc.RICHMOND COUNTY
Insurance Law
Court Will Not Second-Guess Treating Physician On Necessity of Tests to Diagnose, Treat Patient
Cambridge Medical PC v. Government Employees Ins. Co.U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Relief Vacating Conviction Upheld but Bar Against Retrial for Depraved Indifference Murder Vacated
DiSimone v. PhillipsU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights
State Prisoner May Add Wardens, Prison Doctors To Complaint Alleging Hepatitis C Contraction
Mabry v. New York City Department of CorrectionsU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Proposed Claim Untimely Under State False Claims Law's Limits Period, Would Not Relate Back to 2000
United States ex rel. Romano v. New York-Presbyterian HospitalU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Judgment on Pleadings Denied; 'Tellabs' Scienter Standard Met in Claims on Prior Dismissal Order
In re Tower Automotive Securities LitigationU.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice
Court Uses Its Discretion to Decline Relation; Refers Gambino Case for Random Assignment
United States v. Joseph Agate
Full post as published by New York Supreme Court Criminal Term Library on March 19, 2008 (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
Transportation Equity Act for the 21st Century
TEA-21 - Plus Law 105-178
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.
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...
Stock Market Losses
alleging bad financial advice and conflicts of interest.
JP Morgan Chase & Co
Faces Lawsuit Over Hikes in Credit Card Interest Rate

New York Law Journal Special Report on Labor and Employment Law
6th Cir. Decisions for Week of March 10-14, 2008
NAF Decisions under the UDRP for March 1-7, 2008
NAF Decisions under the UDRP for March 08-14, 2008
MARCH 20, 2008 SUPREME COURT OF KENTUCKY DECISIONS (Vol. 2008:14)
March 14, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:13)








