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Sui Generis Sui Generis

Your online source for commentary on recent decisions and issues of interest to New York civil litigators and criminal defense attorneys in the Fourth Department and beyond.
By Nicole Black, Esq.

Post Frequency: 8.1/day

Last Entry: March 28, 2011 at 21:39:02

Recent Entries: 717

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The New York Legal Blog Round Up

Posted on August 11, 2008
It's Monday, the beginning of a new week that this particular blogger welcomes with open arms, and time for the weekly round up of interesting posts from my fellow New York law bloggers: New York Attorney Malpractice Blog: Jailed and Now Must Pay Legal Malpractice Award New York Federal Criminal Practice: EDNY Judge Denies Motion to Dismiss Indictment Charging English Teacher and Translator with Providing Material Support to TerroristsNew York Law Blog: Derivative Work vs...


Define That Term # 292

Posted on August 10, 2008
The most recent term was in terrorem, which is defined as: Latin meaning "in fear." This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will...


The New York Legal Blog Round Up

Posted on August 06, 2008
I t's the middle of the week and time for the weekly round up of New York legal news headlines: Associate's Sex Discrimination Claims Proceed Against Law Firm (New York Law Journal) Judge Limits Damages in Would-Be Partner's Suit Against Orrick (New York Law Journal) Pakistani scientist faces NY judge over attack on troops (ABC News) Federal court green-lights remote storage DVR (Newsday) 'Junior' Gotti held in NY mafia probe (RTE News)


Wannabe Lawyers Gamble on the New York State Bar Exam

Posted on August 05, 2008
This week's Daily Record column is entitled "Wannabe Lawyers Gamble on the New York State Bar Exam." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** ?You only get one chance to roll the dice of life, make your bet wisely...


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The New York Legal Blog Round Up

Posted on August 04, 2008
I'm back from the beach, and it's back to work for me and time to round up posts from my fellow New York law bloggers: New York Attorney Malpractice Blog: 2d Circuit Distinguishes between Civil and Criminal Legal Malpractice Cases New York Federal Criminal Practice: EDNY Judge Issues Notable Decision on Forfeiture and Restitution in Peonage Case New York Law Blog: The Documented Truth New York Personal Injury Law Blog: Lawyers, Laptops, Borders and Confidential Client Materials Rochester Family Lawyer: Parent?s Obligation to Pay College Expenses Does Not Always Terminate at the Age of 21 Simple Justice: New York Times...


TWiL Podcast

Posted on July 29, 2008
Recently, I was lucky enough to be invited by the inimitable Denise Howell to participate in one of the most well known legal podcasts, TWiL. The podcast is now available here. In TWiL 16, host Denise Howell, Ernie Svenson, Marty Schwimmer, Evan Brown and I discuss iPhone unlocking, FBI child porn baiting, electronic discovery, Viacom v...


Back in a week

Posted on July 28, 2008
This blogger is at the beach. Blogging will resume next Monday.


Is New York Taxing Out the Elderly?

Posted on July 24, 2008
My evidence for this is completely anecdotal, but it seems like more and more of my clients these days are considering moving out of state for estate tax reasons. New York has an unlimited marital deduction for estate taxes, which means that assets passing from one spouse to the other upon the first death are tax-free...


The New York Legal News Round Up

Posted on July 23, 2008
It's time for the weekly round up of interesting New York law-related news headlines: Bronx judge oversaw city's bad investments of inheritance cash (Daily News) N.Y. AG pushes Comcast to block child-porn access (AP) Lawyer Is Accused of Using Reform Group to Launder Money From Strip Club (NY Times) Disbarred NY Lawyer/Sex Criminal Sues Amex for Ratting Him Out to Cops (New York Lawyer) New York State Passes Video Game Labeling Law (Reuters) New York judge rules You Tube divorcee's behaviour 'spousal abuse' (Guardian...


Tiffany Fights Losing Battle Against Inevitable Change

Posted on July 22, 2008
This week's Daily Record column is entitled "Tiffany Fights Losing Battle Against Inevitable Change." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Tiffany Fights Losing Battle Against Inevitable Change ?Ahh...


The New York Legal Blog Round Up

Posted on July 21, 2008
It's a really humid Monday, and time for the weekly round up of posts from my fellow New York blawgers: Coverage Counsel: Sum of the Parts Not Needed to Pursue a Whole Sum Claim Juz The Fax: Election-Of-Remedies Provision In Union Contract Is Not Discriminatory New York Attorney Malpractice Blog: Is This the Oldest Legal Malpractice Case in New York? New York Federal Criminal Practice: Second Circuit and SDNY Judge Issue Three Notable Rulings on Pre-Trial Disclosure New York Law Blog: Appeal Holds New York Personal Injury Law Blog: Kaye v...


Define That Term #291

Posted on July 20, 2008
Last week's term was rhadamanthine, which is defined as: A term used to describe a hard-nosed judge, inflexible in the application of the law. Aka, a hard ass, which, if you ask me, is a heck of a lot easier to say. And, no one guessed this time around...


New York State Bar Journal Now Available Online

Posted on July 17, 2008
Via lennyesq. I learned that the New York State Bar Journal is now accessible online in pdf format. The July/August issue can be accessed here.


The New York Legal News Round Up

Posted on July 16, 2008
It's Wednesday, and that means it's time for the round up of interesting New York legal news headlines from the past week: Barenaked Ladies singer facing drug charges in New York state (Globe & Mail) Tiffany loses trademark ruling in case vs. eBay (Boston Globe) NY woman gets almost 11 years for fraud that helped her adopt 11 kids she's accused of abusing (Star Tribune) New York Times wins ruling in anthrax libel case (Reuters) NY man claims Subway baked knife into sandwich (Reuters) NYPD: Off-duty cop in shooting failed drunk test (AP)


When Private Concern Becomes Public Domain

Posted on July 15, 2008
This week's Daily Record column is entitled "When Private Concern Becomes Public Domain." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** When private concern becomes public domain Federal judge Louis L...


The New York Legal Blog Round Up

Posted on July 14, 2008
It's Monday and time for the weekly round up of posts from my fellow New York law bloggers: Indignant Indigent: Error to Permit Defendant to Be Cross-Examined Regarding Prior YO Adjudication New York Attorney Malpractice Blog: Is Plaintiff Bound by Documents Signed in Legal Malpractice? New York Law Blog: Undocumented ? Not Illegal New York Personal Injury Law Blog: A Tale of Two Hospitals: One Covers-Up and One Apologizes SImple Justice: Compelling Disclosure of Anonymous Posters Wait a Second!: What is a case worth? The Appellate Division tells us.


Define That Term #290

Posted on July 13, 2008
Last week's term was nonobviousness, which is defined as: A requirement for obtaining a patent. An invention is nonobvious if it would be viewed as an unexpected or surprising development by someone skilled in the technology of the particular field. For example, Babe Ruth III invents an electronic device that can signal whether a pitch is a ball or a strike...


There's a New NY Law Blog on the Block

Posted on July 10, 2008
I'd like to welcome a new NY blawg to the blogosphere--Trolman, Glaser & Lichtman's New York Law Blog. The firm's blog focuses on New York political and legal issues of interest to New York lawyers....


The New York Legal News Round Up

Posted on July 09, 2008
It's Wednesday and time for the weekly round up of interesting law-related news headlines: Archaic land law revised in New York (Newsday) Paterson Will Pick a New Chief Judge of New York (NY Sun) New...


Social Media Latest Networking Tool for Lawyers

Posted on July 08, 2008
This week's Daily Record column is entitled "Social Media Latest Networking Tool for Lawyers" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ******...


The New York Legal Blog Round Up

Posted on July 07, 2008
It's Monday. Yep, time to go back to work after a long holiday weekend--and time for the weekly round up of interesting posts from my fellow New York law bloggers: A Buffalo Lawyer: 3d Dep't agrees...


Define That Term #289

Posted on July 06, 2008
Last week's term was usufruct, which is defined as: The right to use property -- or income from property -- that is owned by another. No one got it correct, but looking forward to hearing Evan use...


The New York Legal News Round Up

Posted on July 02, 2008
It's already the middle of a short work week, and time for the round up of interesting New York law-related headlines from the past week: New York Ends Grasso Compensation Lawsuit (Wash. Post) Video...


Is justice obtained if not consistently applied?

Posted on July 01, 2008
This week's Daily Record column is entitled "Is justice obtained if not consistently applied?" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Is...


The New York Legal Blog Round Up

Posted on June 30, 2008
It's Monday, Monday, Monday! And, it's time for the weekly round up of interesting posts from my fellow New York blawgers: A Buffalo Lawyer: You scratch my back and I will sue you Coverage Counsel:...


Define That Term #288

Posted on June 29, 2008
Last week's term was genericide, which is defined as: Loss of trademark protection that occurs when a specific brand name becomes identified with the entire type of product or service. For example,...


The New York Legal News Round Up

Posted on June 25, 2008
It's time for the weekly round up of New York law-related news headlines: NY appeals court upholds ruling in Grasso pay case (Reuters) Naked Cowboy' suing M&Ms over ad (CNN) NY civil liberties group...


Offensive Criticism Trumps First Amendment Rights

Posted on June 24, 2008
This week's Daily Record column is entitled "Offensive Criticism Trumps First Amendment Rights" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ******...


The New York Legal Blog Round Up

Posted on June 23, 2008
It's a beautiful Monday, summer is finally here--and it's time for the weekly round up of interesting posts from my fellow New York law bloggers: Juz the Fax: An "Executive" Is An "Employee" Under...


Define That Term #287

Posted on June 23, 2008
Last week's term was fieri facias, which is defined as: Latin for "that you cause to be done." This is a court document that instructs a sheriff to seize and sell a defendant's property in order to...


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