Source: Crime and Justice News, August 21, 2007.
"Bergen County, NJ, jail inmates who want to brush up on their legal defense online can do so now from their cells, a move that officials say is a first nationwide, says The Record of Hackensack, NJ. Jail officials have begun rolling out the first batch of 80 laptops - each about the size and heft of a large hardcover novel - to some of the 1,000 inmates who occupy the near-capacity lockup. About $100,000 has been spent so far from an account funded by profits from items purchased from inmates, such as toothpaste and candy bars, to buy the $1,200 notebooks and install wireless connections. "
The primary reason for the move is safety. 'There's a risk each time you open a cell door,' said Bergen Sheriff Leo McGuire, "and our library was getting too busy." Before, inmates who wanted to use the Westlaw research service had to file into the jail's law library, where 12 computers are crammed into the same space as guards and stacks of legal texts. "We should remember that in most cases, the individuals [in jails] aren't guilty, so they're still on trial," said Edward Barocas of the American Civil Liberties Union of New Jersey. 'They should be afforded their research time, no matter how they get it.' Fred Wilson of the National Sheriffs Association said it was the first he had ever heard of such a move. "Knowing the sheriff, he's completely investigated any dangers in giving prisoners those pieces of equipment' Wilson said. 'I think it's interesting. It's an innovative idea.' "
The Record of Hackensack (NJ)
Tuesday, August 21, 2007
New York Law Journal Decisions of Interest August 21, 2007
If you are already an online subscriber to this service you should be able to click on any of the links provded below, sign in, and access any of the decisions listed which interest you.
NEW YORK COUNTYAttorney's FeesCourt Finds Plaintiffs to Be 'Prevailing Parties' As They Succeeded on Central Claim in This Action Town House Stock LLC v. Coby Housing Corp.
NEW YORK COUNTYJudgesJudicial Screening Panel Member Denied Motion For Judge to Recuse Himself From Current Action Rosado v. Edmundo Castillo Inc.
RICHMOND COUNTYCivil Practice‘Simple, Pragmatic’ Test Shows Little League Engaged In Continuous and Systematic Course of Business Baggs v. Little League Baseball Inc.
NASSAU COUNTYCivil PracticeCourt Denies Defendants' Motion to Renew, Reargue Court's Prior Order Denying Vacatur of Default Star Industries Inc. v. Innovative Beverages Inc.
NASSAU COUNTYCivil RightsAgency's Finding That a Hearing Must Determine If School District Violated HRL §296(14) Is Upheld East Meadow Union Free School District v. New York State Division of Human Rights
SUFFOKD COUNTYReal PropertyBidder's Application to Vacate Foreclosure Sale, Have Down-Payment Returned Is Granted Entirely Champion Mortgage v. Knight
U.S. COURT OF APPEALS, SECOND CIRCUITGovernment$6,700 Fine for Violating Iraqi Sanctions Act Stands; All Travel Transactions Are Not Exempt Karpova v. Snow
U.S. COURT OF APPEALS, SECOND CIRCUITCriminal PracticeSentence Is Vacated, Remanded; Court's Notice Of Upward Departure from Guidelines Insufficient United States v. Patrick M. Cole
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKCriminal PracticeSubpoena Served by Plaintiff to Non-Party Is Quashed; No Notice to Defendant Given Smith v. Masterson
U.S. DISTRICT COURTEASTERN DISTRICT OF NEW YORKCivil PracticeCourt Finds Gun Dealers Tap Interstate Market; Court Has Personal Jurisdiction in Negligence Suit City of New York v. A-1 Jewelry & Pawn Inc.
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKEmploymentEmployment Discrimination Suit Survives; 'Swierkiewiez v. Sorema' Notice Standard Is Met Palmer v. New York State Office of Court Administration
NEW YORK COUNTYAttorney's FeesCourt Finds Plaintiffs to Be 'Prevailing Parties' As They Succeeded on Central Claim in This Action Town House Stock LLC v. Coby Housing Corp.
NEW YORK COUNTYJudgesJudicial Screening Panel Member Denied Motion For Judge to Recuse Himself From Current Action Rosado v. Edmundo Castillo Inc.
RICHMOND COUNTYCivil Practice‘Simple, Pragmatic’ Test Shows Little League Engaged In Continuous and Systematic Course of Business Baggs v. Little League Baseball Inc.
NASSAU COUNTYCivil PracticeCourt Denies Defendants' Motion to Renew, Reargue Court's Prior Order Denying Vacatur of Default Star Industries Inc. v. Innovative Beverages Inc.
NASSAU COUNTYCivil RightsAgency's Finding That a Hearing Must Determine If School District Violated HRL §296(14) Is Upheld East Meadow Union Free School District v. New York State Division of Human Rights
SUFFOKD COUNTYReal PropertyBidder's Application to Vacate Foreclosure Sale, Have Down-Payment Returned Is Granted Entirely Champion Mortgage v. Knight
U.S. COURT OF APPEALS, SECOND CIRCUITGovernment$6,700 Fine for Violating Iraqi Sanctions Act Stands; All Travel Transactions Are Not Exempt Karpova v. Snow
U.S. COURT OF APPEALS, SECOND CIRCUITCriminal PracticeSentence Is Vacated, Remanded; Court's Notice Of Upward Departure from Guidelines Insufficient United States v. Patrick M. Cole
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKCriminal PracticeSubpoena Served by Plaintiff to Non-Party Is Quashed; No Notice to Defendant Given Smith v. Masterson
U.S. DISTRICT COURTEASTERN DISTRICT OF NEW YORKCivil PracticeCourt Finds Gun Dealers Tap Interstate Market; Court Has Personal Jurisdiction in Negligence Suit City of New York v. A-1 Jewelry & Pawn Inc.
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKEmploymentEmployment Discrimination Suit Survives; 'Swierkiewiez v. Sorema' Notice Standard Is Met Palmer v. New York State Office of Court Administration
LAW.COM Newswire Highlights
If you are already an online subscriber to New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed
Patent Defendants Score Big at Federal Circuit
The Recorder
Tech company general counsel, who routinely wrestle with claims of patent infringement, can breathe a sigh of relief, thanks to a Federal Circuit decision Monday that makes it far more difficult to accuse a company of willful patent infringement, a claim that can result in triple damages. The ruling also made a crucial clarification regarding waivers of attorney-client privilege. The Federal Circuit received nearly two dozen amicus briefs on the issue.
Class Action Suits Seeking Medical Monitoring Filed Over Recalled Mattel Toys
The Legal Intelligencer
As with other defective Chinese products of late, U.S. consumers are looking for some accountability from the domestic importers. Two similar class actions have been filed in the U.S. District Court for the Eastern District of Pennsylvania and Los Angeles County Superior Court. Both suits seek to compel Mattel, the importer of millions of Chinese-made toys that have been recalled due to lead paint and small magnets, to pay for lead testing for children who may have been affected by the toys.
D.C. Circuit: Grand Jury Witnesses Can Review Testimony
Legal Times
In a decision that's drawing notice throughout the criminal defense bar, the D.C. Circuit has become the first federal appeals court to hold that grand jury witnesses have an unqualified right to review their testimony in ongoing investigations. Defense attorneys say the ruling could induce more witnesses to testify and curb prosecutorial overreaching. But the government argues it will encourage information-sharing among co-defendants and their attorneys, particularly in white-collar and racketeering cases.
DLA Piper Lawyer Helps Free Former Classmate From Chinese Prison
The American Lawyer
Jared Genser and Yang Jianli have found their lives intertwined. Students at the Kennedy School of Government 10 years ago, Genser was inspired by Yang to become a lawyer and ultimately to found Freedom Now, a group whose highly targeted campaigns have scored an impressive record of helping to free prisoners of conscience. It was largely thanks to Freedom Now that Yang was able to leave a Chinese prison earlier this year and to return to the United States on Saturday as a free man.
5th Circuit Certifies Major Insurance Questions to Texas High Court
Texas Lawyer
Insurance disputes have occupied much of the Texas Supreme Court's time of late, and the 5th Circuit likely has just added to that caseload. The circuit sent the state high court two certified questions that need to be decided in a construction-defect case with potentially far-reaching implications. If the Supreme Court accepts the case, it must decide what triggers an insurance company's duty to cover a damage claim that occurred during the policy period but was discovered years after the policy ended.
Two Prominent Attorneys Subpoenaed in KPMG Case
Legal Times
Two of Hogan & Hartson's most prominent attorneys -- Prentiss Feagles, co-director of the firm's tax practice, and Paul Rogers, a partner in the firm's health practice -- have been subpoenaed at the request of KPMG's lawyers at Gibson, Dunn & Crutcher, who are defending their client over work done on behalf of Bernard Salick. Salick is a Los Angeles physician and entrepreneur who filed suit in California in 2005 against KPMG after shady tax shelters were sold to him by the company.
Animal Shelter Puts the Bite on Attorney for Allegedly Diverting Widow's Contributions
The Legal Intelligencer
A Pittsburgh no-kill animal shelter has filed a five-count lawsuit against a Pittsburgh attorney, alleging that he illegally reduced its portion of a wealthy widow's multimillion-dollar estate. Animal Friends Inc. claims in the suit that Gregory Harbaugh abused his power-of-attorney status and diverted $1.2 million from four charitable organizations to three other charitable organizations with which he or his wife has financial ties.
Lead Paint Litigation Is Beginning to Fade
The National Law Journal
A series of recent rulings have stymied public nuisance claims made by dozens of cities and counties to recover damages related to lead paint, which has been found to cause learning disabilities in children. Lawyers for the paint and pigment companies highlighted the rulings as part of a definitive shift against public nuisance claims.
Criminal Attorneys Provide Post-Game Analysis of Padilla Case
Daily Business Review
On Thursday, a federal jury in Miami found Jose Padilla and co-defendants Adham Hassoun and Kifah Jayyousi guilty on all counts of conspiring to support terrorism overseas. They face life in prison. Many of Miami's prominent criminal attorneys sat in on all or part of the trial to watch the lawyering, support their defense lawyer or prosecutor friends, or just out of sheer curiosity. What did they think of the legal strategies and judging? Here is the post-game analysis.
Rights Cases Multiply Against Corporations
The National Law Journal
An upswing in global operations and a 9th Circuit decision allowing vicarious liability claims for violations of international human rights norms in Alien Tort Claims Act cases have opened the door to more cases. A recent ruling in an Alabama federal court underscores plaintiffs' uphill battle. The decision in what may be the first jury trial on alien tort claims should be heartening to corporate defendants, said Baker Botts' William Jeffress, who defended U.S. coal mining company Drummond Co. in the case.
Visit In-House Counsel
Conflicting SEC Rule Proposals Will Add to Confusion Regarding Shareholder Participation in Director Nominations
Special to Law.com
Last month the SEC published an interpretive release and two proposed rules that reflect a split among the commissioners regarding shareholder access to the director nomination process. This development follows a recent problematic decision by the 2nd Circuit in AFSCME v. AIG. However, says Torys partner Joris Hogan, the SEC's initiatives have sent conflicting signals to public companies that are considering whether to change the method whereby directors are nominated for election to the board.
Visit Large Law Firm
HP Scanjet 7650n Slows the Paper Chase
Law.com
It's difficult for a small to medium-size law firm to keep up with the resources of a large firm. Imagine the David vs. Goliath struggle when a large law firm brings its litigation resources to bear on a small firm. To even the odds, small firms need to get smart about business processes and technology and reduce the time and energy they use to manage paper. Toward that end, Hewlett-Packard's one-two punch knocks paper into a digital format and places it onto the network with its Scanjet 7650n.
Visit Legal Technology
Law.com®
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© 2007 ALM Properties, Inc. All rights reserved.
Patent Defendants Score Big at Federal Circuit
The Recorder
Tech company general counsel, who routinely wrestle with claims of patent infringement, can breathe a sigh of relief, thanks to a Federal Circuit decision Monday that makes it far more difficult to accuse a company of willful patent infringement, a claim that can result in triple damages. The ruling also made a crucial clarification regarding waivers of attorney-client privilege. The Federal Circuit received nearly two dozen amicus briefs on the issue.
Class Action Suits Seeking Medical Monitoring Filed Over Recalled Mattel Toys
The Legal Intelligencer
As with other defective Chinese products of late, U.S. consumers are looking for some accountability from the domestic importers. Two similar class actions have been filed in the U.S. District Court for the Eastern District of Pennsylvania and Los Angeles County Superior Court. Both suits seek to compel Mattel, the importer of millions of Chinese-made toys that have been recalled due to lead paint and small magnets, to pay for lead testing for children who may have been affected by the toys.
D.C. Circuit: Grand Jury Witnesses Can Review Testimony
Legal Times
In a decision that's drawing notice throughout the criminal defense bar, the D.C. Circuit has become the first federal appeals court to hold that grand jury witnesses have an unqualified right to review their testimony in ongoing investigations. Defense attorneys say the ruling could induce more witnesses to testify and curb prosecutorial overreaching. But the government argues it will encourage information-sharing among co-defendants and their attorneys, particularly in white-collar and racketeering cases.
DLA Piper Lawyer Helps Free Former Classmate From Chinese Prison
The American Lawyer
Jared Genser and Yang Jianli have found their lives intertwined. Students at the Kennedy School of Government 10 years ago, Genser was inspired by Yang to become a lawyer and ultimately to found Freedom Now, a group whose highly targeted campaigns have scored an impressive record of helping to free prisoners of conscience. It was largely thanks to Freedom Now that Yang was able to leave a Chinese prison earlier this year and to return to the United States on Saturday as a free man.
5th Circuit Certifies Major Insurance Questions to Texas High Court
Texas Lawyer
Insurance disputes have occupied much of the Texas Supreme Court's time of late, and the 5th Circuit likely has just added to that caseload. The circuit sent the state high court two certified questions that need to be decided in a construction-defect case with potentially far-reaching implications. If the Supreme Court accepts the case, it must decide what triggers an insurance company's duty to cover a damage claim that occurred during the policy period but was discovered years after the policy ended.
Two Prominent Attorneys Subpoenaed in KPMG Case
Legal Times
Two of Hogan & Hartson's most prominent attorneys -- Prentiss Feagles, co-director of the firm's tax practice, and Paul Rogers, a partner in the firm's health practice -- have been subpoenaed at the request of KPMG's lawyers at Gibson, Dunn & Crutcher, who are defending their client over work done on behalf of Bernard Salick. Salick is a Los Angeles physician and entrepreneur who filed suit in California in 2005 against KPMG after shady tax shelters were sold to him by the company.
Animal Shelter Puts the Bite on Attorney for Allegedly Diverting Widow's Contributions
The Legal Intelligencer
A Pittsburgh no-kill animal shelter has filed a five-count lawsuit against a Pittsburgh attorney, alleging that he illegally reduced its portion of a wealthy widow's multimillion-dollar estate. Animal Friends Inc. claims in the suit that Gregory Harbaugh abused his power-of-attorney status and diverted $1.2 million from four charitable organizations to three other charitable organizations with which he or his wife has financial ties.
Lead Paint Litigation Is Beginning to Fade
The National Law Journal
A series of recent rulings have stymied public nuisance claims made by dozens of cities and counties to recover damages related to lead paint, which has been found to cause learning disabilities in children. Lawyers for the paint and pigment companies highlighted the rulings as part of a definitive shift against public nuisance claims.
Criminal Attorneys Provide Post-Game Analysis of Padilla Case
Daily Business Review
On Thursday, a federal jury in Miami found Jose Padilla and co-defendants Adham Hassoun and Kifah Jayyousi guilty on all counts of conspiring to support terrorism overseas. They face life in prison. Many of Miami's prominent criminal attorneys sat in on all or part of the trial to watch the lawyering, support their defense lawyer or prosecutor friends, or just out of sheer curiosity. What did they think of the legal strategies and judging? Here is the post-game analysis.
Rights Cases Multiply Against Corporations
The National Law Journal
An upswing in global operations and a 9th Circuit decision allowing vicarious liability claims for violations of international human rights norms in Alien Tort Claims Act cases have opened the door to more cases. A recent ruling in an Alabama federal court underscores plaintiffs' uphill battle. The decision in what may be the first jury trial on alien tort claims should be heartening to corporate defendants, said Baker Botts' William Jeffress, who defended U.S. coal mining company Drummond Co. in the case.
Visit In-House Counsel
Conflicting SEC Rule Proposals Will Add to Confusion Regarding Shareholder Participation in Director Nominations
Special to Law.com
Last month the SEC published an interpretive release and two proposed rules that reflect a split among the commissioners regarding shareholder access to the director nomination process. This development follows a recent problematic decision by the 2nd Circuit in AFSCME v. AIG. However, says Torys partner Joris Hogan, the SEC's initiatives have sent conflicting signals to public companies that are considering whether to change the method whereby directors are nominated for election to the board.
Visit Large Law Firm
HP Scanjet 7650n Slows the Paper Chase
Law.com
It's difficult for a small to medium-size law firm to keep up with the resources of a large firm. Imagine the David vs. Goliath struggle when a large law firm brings its litigation resources to bear on a small firm. To even the odds, small firms need to get smart about business processes and technology and reduce the time and energy they use to manage paper. Toward that end, Hewlett-Packard's one-two punch knocks paper into a digital format and places it onto the network with its Scanjet 7650n.
Visit Legal Technology
Law.com®
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ALM Privacy Policy / Contact Us
© 2007 ALM Properties, Inc. All rights reserved.
Monday, August 20, 2007
A Quest to Get More Court Rulings Online, and Free
Source: NYTimes.com, August 20, 2007.
A Quest to Get More Court Rulings Online, and Free
By JOHN MARKOFF
"The domination of two legal research services [lexis nexis and westlaw] over the publication of federal and state court decisions is being challenged by an Internet gadfly."
A Quest to Get More Court Rulings Online, and Free
By JOHN MARKOFF
"The domination of two legal research services [lexis nexis and westlaw] over the publication of federal and state court decisions is being challenged by an Internet gadfly."
Person of Interest--A Suspect, Or Something Else?
Source: Crime and Justice News, August 20, 2007
"Willie Clark is what the cops call a "person of interest" in the slaying of Denver Bronco Darrent Williams in the early-morning hours of New Year's Day. What exactly is a 'person of interest,' asks the Rocky Mountain News. 'It's 21st century-speak for suspect,' said Denver attorney Scott Robinson. Police say the terms aren't always interchangeable. Though persons of interest often graduate to suspects and are charged with a crime, police may use the phrase because they're trying to find someone of a certain description who happened to be near the scene of a crime. "
Rocky Mountain News
"Willie Clark is what the cops call a "person of interest" in the slaying of Denver Bronco Darrent Williams in the early-morning hours of New Year's Day. What exactly is a 'person of interest,' asks the Rocky Mountain News. 'It's 21st century-speak for suspect,' said Denver attorney Scott Robinson. Police say the terms aren't always interchangeable. Though persons of interest often graduate to suspects and are charged with a crime, police may use the phrase because they're trying to find someone of a certain description who happened to be near the scene of a crime. "
Rocky Mountain News
As FBI Deals With Terror, Crime Up On Indian Lands
Source: Crime and Justice News, August 20, 2007.
"Drug prosecutions are down at Indian reservations around the U.S. as the FBI emphasizes antiterror work, says the Seattle Post-Intelligencer. The result: A drug epidemic and related crime wave are plaguing Indian communities. White House cuts to the FBI and the Drug Enforcement Administration have been disastrous for tribes because the bureau in Indian Country acts like a local police department, making the felony arrests. Tribal police don't have legal authority to arrest non-Indians or charge anyone with felonies. The maximum term in reservation jails is one year."
. Seattle Post-Intelligencer
"Drug prosecutions are down at Indian reservations around the U.S. as the FBI emphasizes antiterror work, says the Seattle Post-Intelligencer. The result: A drug epidemic and related crime wave are plaguing Indian communities. White House cuts to the FBI and the Drug Enforcement Administration have been disastrous for tribes because the bureau in Indian Country acts like a local police department, making the felony arrests. Tribal police don't have legal authority to arrest non-Indians or charge anyone with felonies. The maximum term in reservation jails is one year."
. Seattle Post-Intelligencer
Crime Rises; Adding Police Looms As Most Popular Response
Source:Crime and Justice News, August 20, 2007.
Newsweek's Web site offers its take on the crime- report increase issued by the FBI, the first back-to- back increases in the national violent-crime numbers since the early 1990s. The recent surge has cops concerned that if nothing is done quickly, the bad old days of high crime and widespread fear might return. 'It's like a cancer patient,' says Los Angeles Police Chief Bill Bratton. 'You think you are clear, and then [the tumor] comes back again.' "
Newsweek.com
Newsweek's Web site offers its take on the crime- report increase issued by the FBI, the first back-to- back increases in the national violent-crime numbers since the early 1990s. The recent surge has cops concerned that if nothing is done quickly, the bad old days of high crime and widespread fear might return. 'It's like a cancer patient,' says Los Angeles Police Chief Bill Bratton. 'You think you are clear, and then [the tumor] comes back again.' "
Newsweek.com
Colorado Wiretaps Hit 10 Year High; Used Mostly in Drug Cases
Source: Crime and Justice News, August 20, 2007.
"The number of phones secretly wiretapped by Colorado law enforcement hit a 10-year high last year, leading to large drug busts statewide while raising concerns about the privacy of innocent people, reports the Rocky Mountain News. The increase was led by the U.S. Attorney's Office, which used 108 wiretaps in its first year under U.S. Attorney for Colorado Troy Eid. That's four times the number used in the 12 months prior to Eid's August 2006 arrival. State prosecutors got permission to use 43 wiretaps in 2006 - more than in the previous nine years combined, says an annual report by the Administrative Office of the U.S. Courts. "
Rocky Mountain News
"The number of phones secretly wiretapped by Colorado law enforcement hit a 10-year high last year, leading to large drug busts statewide while raising concerns about the privacy of innocent people, reports the Rocky Mountain News. The increase was led by the U.S. Attorney's Office, which used 108 wiretaps in its first year under U.S. Attorney for Colorado Troy Eid. That's four times the number used in the 12 months prior to Eid's August 2006 arrival. State prosecutors got permission to use 43 wiretaps in 2006 - more than in the previous nine years combined, says an annual report by the Administrative Office of the U.S. Courts. "
Rocky Mountain News
Black Male Los Angeles County Homicide Rate 30 Times U.S. Average
Source: Crime and Justice News, August 20, 2007.
"Homicides are down sharply in Los Angeles County this year, possibly by as much as 14 percent countywide, says the Los Angeles Times. Still, the stubborn problem of deadly violence grinds on in poor neighborhoods at a rate far above the U.S. average. An online project of The Times called the Homicide Report has tracked Los Angeles County homicides since the beginning of the year. The project has yielded a vivid statistical outline of the county's homicide problem -- at least 520 killings by early August. It has chronicled some of the damage that rippled through families and communities rent by deaths that happened before their time."
"Homicide hits hardest among Latinos and especially among blacks. Latinos are killed at more than three times the rate of whites, while blacks succumb to homicide at three times the rate of Latinos. Adult males are the eye of the storm. The national homicide rate is about six deaths per 100,000 people each year. But for Latino men in their 20s in Los Angeles County, the rate is 52 deaths, and for black men, 176 deaths. In human terms, that means that losing a son to homicide, a remote possibility in some neighborhoods, looms as a daily threat in others. "
Los Angeles Times
"Homicides are down sharply in Los Angeles County this year, possibly by as much as 14 percent countywide, says the Los Angeles Times. Still, the stubborn problem of deadly violence grinds on in poor neighborhoods at a rate far above the U.S. average. An online project of The Times called the Homicide Report has tracked Los Angeles County homicides since the beginning of the year. The project has yielded a vivid statistical outline of the county's homicide problem -- at least 520 killings by early August. It has chronicled some of the damage that rippled through families and communities rent by deaths that happened before their time."
"Homicide hits hardest among Latinos and especially among blacks. Latinos are killed at more than three times the rate of whites, while blacks succumb to homicide at three times the rate of Latinos. Adult males are the eye of the storm. The national homicide rate is about six deaths per 100,000 people each year. But for Latino men in their 20s in Los Angeles County, the rate is 52 deaths, and for black men, 176 deaths. In human terms, that means that losing a son to homicide, a remote possibility in some neighborhoods, looms as a daily threat in others. "
Los Angeles Times
AOL Relaunches Truveo Video Search Site
Source: InformationWeek Daily Newsletter, August 20, 2007.
AOL Relaunches Truveo Video Search Site
"A new version aims to be a one-stop video destination for user-generated clips and professionally produced video."
AOL Relaunches Truveo Video Search Site
"A new version aims to be a one-stop video destination for user-generated clips and professionally produced video."
New York Law Journal Decisions of Interest August 20, 2007
If you are already an online subscriber to this service you should be able to click on any of the links provided below, sign in, and access any of the decisions listed which interest you.
U.S. COURT OF APPEALS,M SECOND CIRCUITCriminal PracticeHobbs Act Requires Jury to Find Robbery of Drugs, Drug Proceeds, Affects Interstate Commerce United States, appellee v. Otis Parkes, defendant-appellant
NEW YORK COUNTYTortsJudge's Defamation Claims Against Time Warner Dismissed; Claims Against Newspaper Proceed Rivera v. NYP Holdings Inc.
NEW YORK COUNTYContractsBreach of Implied Covenant of Good Faith, Fair Dealing Claim Can Stand Without Contract Breach Gross v. Empire Healthchoice Assurance Inc.
NEW YORK COUNTYTortsRescuer's Negligent Infliction of Emotional Distress Suit Allowed to Proceed Against ConEd Cronin v. Consolidated Edison Co. of New York Inc.
KINGS COUNTYCivil PracticePlaintiffs Had Sufficient Excuse for Delay; Leave To File Late Notice of Claim Against City Granted Matter of Rothenberg v. City of New York
NASSAU COUNTYTrusts and EstatesDecedent's Will Did Not Grant Wife Right to Sell Co-op, Only Life Estate And Remainder to Daughter Estate of John Mantineo
NASSAU COUNTYCriminal PracticeAccusatory Instrument Sufficient For PL §240.21 Charge, Insufficient For PL §140.10(a) Charge People v. Terrence J. Martinez
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKBusiness LawAllegations At Motion to Dismiss Stage Sufficient To Attribute Fraudulent Statements to Defendant Glidepath Holding BV v. Spherion Corp.
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKCivil PracticeContract Suit Is Transferred To Washington; Locus of Operative Facts, Several Witnesses Reside Age Group Limited v. Regal Logistics Corp.
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKAttorneys' FeesAttorney Is Awarded $38,091 for Legal Fees Instead of Requested $74,312 Chernis v. Swarzman
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKCriminal PracticeReview of Claims Is Procedurally Barred On Adequate, Independent State Law Ground Haynesworth v. Fischer
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKCivil PracticeCourt Refuses to Add Restrictive Term Not Stated on Record to Settlement Agreement Medinol Ltd. v. Guidant Corp.
U.S. COURT OF APPEALS,M SECOND CIRCUITCriminal PracticeHobbs Act Requires Jury to Find Robbery of Drugs, Drug Proceeds, Affects Interstate Commerce United States, appellee v. Otis Parkes, defendant-appellant
NEW YORK COUNTYTortsJudge's Defamation Claims Against Time Warner Dismissed; Claims Against Newspaper Proceed Rivera v. NYP Holdings Inc.
NEW YORK COUNTYContractsBreach of Implied Covenant of Good Faith, Fair Dealing Claim Can Stand Without Contract Breach Gross v. Empire Healthchoice Assurance Inc.
NEW YORK COUNTYTortsRescuer's Negligent Infliction of Emotional Distress Suit Allowed to Proceed Against ConEd Cronin v. Consolidated Edison Co. of New York Inc.
KINGS COUNTYCivil PracticePlaintiffs Had Sufficient Excuse for Delay; Leave To File Late Notice of Claim Against City Granted Matter of Rothenberg v. City of New York
NASSAU COUNTYTrusts and EstatesDecedent's Will Did Not Grant Wife Right to Sell Co-op, Only Life Estate And Remainder to Daughter Estate of John Mantineo
NASSAU COUNTYCriminal PracticeAccusatory Instrument Sufficient For PL §240.21 Charge, Insufficient For PL §140.10(a) Charge People v. Terrence J. Martinez
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKBusiness LawAllegations At Motion to Dismiss Stage Sufficient To Attribute Fraudulent Statements to Defendant Glidepath Holding BV v. Spherion Corp.
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKCivil PracticeContract Suit Is Transferred To Washington; Locus of Operative Facts, Several Witnesses Reside Age Group Limited v. Regal Logistics Corp.
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKAttorneys' FeesAttorney Is Awarded $38,091 for Legal Fees Instead of Requested $74,312 Chernis v. Swarzman
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKCriminal PracticeReview of Claims Is Procedurally Barred On Adequate, Independent State Law Ground Haynesworth v. Fischer
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKCivil PracticeCourt Refuses to Add Restrictive Term Not Stated on Record to Settlement Agreement Medinol Ltd. v. Guidant Corp.
New York Law Journal Leading Articles August 20, 2007
If you are already an online subscriber to New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed
Monday, August 20, 2007
Free Breaking News: Top Spitzer Aide Retains Lawyer for Albany Probes
Judge Permits Bias Lawsuit Against Courts
Proof of Interstate Commerce Nexus Vital To Hobbs Act Conviction, Circuit Stresses
Claims Narrowed Over Failure to Name Proper Parties
Correction
Newsbriefs
Monday, August 20, 2007
Free Breaking News: Top Spitzer Aide Retains Lawyer for Albany Probes
Judge Permits Bias Lawsuit Against Courts
Proof of Interstate Commerce Nexus Vital To Hobbs Act Conviction, Circuit Stresses
Claims Narrowed Over Failure to Name Proper Parties
Correction
Newsbriefs
LAW.COM Newswire Highlights
If newsfeeds are shown on the left side of your screen, the News articles listed below can be viewed in full text by first clicking on the Law.Com Newsfeed and then scrolling down to the appropriate article. If newsfeeds are not displayed on the screen try going to http://www.law.com/newswire/ and searching for the items of interest.
Who Represents America's Biggest Companies
Corporate Counsel
For this year's Who Represents America's Biggest Companies survey, Corporate Counsel combed through public records to tally which law firms were being used by the Fortune 250. We found one essential truth at big law departments: Reputation and firepower matter most when something's really important. Just as a cardiac patient will seek the best doctor, companies in litigation or seeking protection of their IP assets will hire the best, and they won't sweat the hourly rate.
Visit In-House Counsel
Issue of 'Strategic Recusals' Arises in Key Supreme Court Case
Legal Times
Now that Solicitor General Paul Clement has weighed in on what could be the biggest securities case before the Supreme Court in decades, the next big mystery is how many justices will participate. Chief Justice John Roberts Jr. and Justice Stephen Breyer initially recused in the case, but rumors are circulating that one or both might rejoin. The notion of justices "unrecusing" causes discomfort among some ethics experts. But a new -- and little-noticed -- federal law may be encouraging the practice.
Visit the U.S. Supreme Court Monitor
SEC Charges Brocade's Former CFO in Backdating Case
The Recorder
Internal strife at the SEC tanked a proposed settlement with Michael Byrd, the former CFO of Brocade Communications. Upset that a million-dollar deal proposed by the SEC's enforcement division wouldn't have barred Byrd from being an accountant at other public companies, the SEC's accounting division scuttled the agreement, said lawyers briefed on the case. Byrd was a key figure in the criminal trial that ended with a conviction of former Brocade CEO Gregory Reyes for backdating stock options.
Firm Kills Billable Hour for First-Year Associates
The National Law Journal
The billable hour: demanding, disparaged and now dead -- at least at one Atlanta-based law firm. Ford & Harrison, a 190-attorney labor and employment firm, has tossed out billable hour requirements for first-year associates. The program aims to close the practical-skills gap of law school education and increase value to clients. "Everyone sits around and complains about the problems," said C. Lash Harrison, managing partner of the firm. "I figured, what the heck, maybe we can try something."
Fired Firm Alleges Client, Co-Counsel Sabotaged Fee
Texas Lawyer
When a legal malpractice suit against Dallas securities attorney Phillip W. Offill Jr. and his former firm settled, the parties seemed happy, but that satisfaction was short-lived. Now a firm that represented plaintiff Consolidated Sports Media Group in that case has filed its own suit against CSMG, its co-counsel and others, alleging it was cut out of the deal. But the new suit raises a separate issue: whether it discloses too much information surrounding the confidential settlement in the prior case.
Federal Circuit Denies Appeal by Attorney 'Wronged' in Court
The National Law Journal
A court's criticism of an attorney -- absent some formal judicial action, such as an explicit reprimand -- is "simply commentary" in the course of an action and not appealable, at least not in the Federal Circuit, according to a recent ruling. Judge William Bryson wrote for the panel that a court order intended to be "'a formal judicial action' in a disciplinary proceeding is an appealable decision, but that other kinds of judicial criticisms of lawyers' actions are not reviewable."
11th Circuit Applies Supreme Court High-Speed Chase Ruling
Fulton County Daily Report
Atlanta lawyer Craig T. Jones said that when the U.S. Supreme Court in April ruled against his case against a police officer over injuries suffered during a high-speed chase, he feared the decision "kind of sealed the fate" of a similar matter pending at the 11th Circuit. He may be right, as a panel last week concluded that they had "no doubt" the high court decision meant that a former officer didn't violate the rights of a man who the officer had been chasing and who died after the two cars collided.
Texas Court Denies Request to Disqualify BP Defense Lawyer
Texas Lawyer
The steering committee of lawyers representing plaintiffs suing BP over a deadly explosion at the company's refinery wants Houston lawyer Ronald Krist off the defense team. But a Texas appeals court has denied a writ of mandamus seeking to overturn a lower court's denial of a motion to disqualify Krist as counsel on the ground that his firm formerly represented four plaintiffs who sought damages from BP after the 2005 explosion. Meanwhile, the first trial in the BP litigation may begin this month.
Pa. Supreme Court Suspends Indicted Judge
The Legal Intelligencer
The Pennsylvania Supreme Court has issued an order suspending from duty Superior Court Judge Michael T. Joyce, who was indicted last week on mail fraud and money-laundering charges. Joyce will not suffer a reduction or suspension of his salary or benefits, and can appeal the suspension. He was charged in connection with $440,000 in insurance settlements he received after his state-leased Mercedes Benz was rear-ended, after which he complained of constant pain and other effects, according to the indictment.
Cadwalader Lures Patent Litigator to Launch IP Practice
New York Law Journal
Cadwalader, Wickersham & Taft has launched an intellectual property practice with a partner from IP boutique Morgan & Finnegan. IP is a new practice area for Cadwalader, best known for its capital markets area. In recent months, the firm has also recruited high-profile lateral partners to boost its antitrust and bankruptcy practices.
You Call That a Notice of Appeal?
Special to Law.com
Despite the relative simplicity of drafting and filing a notice of appeal, sometimes licensed attorneys as well as pro se litigants manage to foul up the process, writes Howard J. Bashman. The appellate litigator looks in particular at two recent federal appellate court cases that demonstrate the hazards for even an experienced practitioner.
Web 2.0 Won't Eat Your Mouse
New Jersey Law Journal
Successful law firms see the need for expedient knowledge management and author Susan Ward says Web 2.0 can fill the bill. Web 2.0 isn't just about software, it’s also about delivering services through dynamic applications in a free information market. The key to Web 2.0 is interactivity, social networking and collaboration where blogs, podcasts and wikis openly roam. Law firms should not fear Web 2.0 -- they should learn to utilize its technologies or lose market share, valuable time and efficiency.
Visit Legal Technology
Sonnenschein Nath's Expansion Plan Proceeds Slowly
The National Law Journal
Sonnenschein Nath & Rosenthal is adding new partners at its fastest clip ever and has added three new offices this year, yet attorney head count is expanding only slowly toward a 2009 target of more than 1,000 lawyers. Despite signing up 20 lateral partners so far this year, the total number of attorneys at the firm has grown by five -- to 650 -- because some attorneys are exiting as the firm sharpens its strategic focus, says firm Chairman Elliott Portnoy.
Visit the Career Center
Saving Good Judgment From the BlackBerry Culture
Special to Law.com
In our current BlackBerry culture, 24/7 availability is assumed, and many view turning the BlackBerry off as professional sacrilege. But Jenner & Block managing partner Gregory Gallopoulos worries that an extreme emphasis on responsiveness jeopardizes a far more important attribute of professional excellence: judgment. He says lawyers and law firms need to resist the BlackBerry culture to the extent necessary to ensure that they don't permit their judgment to become impaired as they strive to be responsive.
Visit Large Law Firm
Law.com®
10 United Nations Plaza, 3rd Floor, San Francisco, CA 94102 (800) 903-9872.
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© 2007 ALM Properties, Inc. All rights reserved.
Who Represents America's Biggest Companies
Corporate Counsel
For this year's Who Represents America's Biggest Companies survey, Corporate Counsel combed through public records to tally which law firms were being used by the Fortune 250. We found one essential truth at big law departments: Reputation and firepower matter most when something's really important. Just as a cardiac patient will seek the best doctor, companies in litigation or seeking protection of their IP assets will hire the best, and they won't sweat the hourly rate.
Visit In-House Counsel
Issue of 'Strategic Recusals' Arises in Key Supreme Court Case
Legal Times
Now that Solicitor General Paul Clement has weighed in on what could be the biggest securities case before the Supreme Court in decades, the next big mystery is how many justices will participate. Chief Justice John Roberts Jr. and Justice Stephen Breyer initially recused in the case, but rumors are circulating that one or both might rejoin. The notion of justices "unrecusing" causes discomfort among some ethics experts. But a new -- and little-noticed -- federal law may be encouraging the practice.
Visit the U.S. Supreme Court Monitor
SEC Charges Brocade's Former CFO in Backdating Case
The Recorder
Internal strife at the SEC tanked a proposed settlement with Michael Byrd, the former CFO of Brocade Communications. Upset that a million-dollar deal proposed by the SEC's enforcement division wouldn't have barred Byrd from being an accountant at other public companies, the SEC's accounting division scuttled the agreement, said lawyers briefed on the case. Byrd was a key figure in the criminal trial that ended with a conviction of former Brocade CEO Gregory Reyes for backdating stock options.
Firm Kills Billable Hour for First-Year Associates
The National Law Journal
The billable hour: demanding, disparaged and now dead -- at least at one Atlanta-based law firm. Ford & Harrison, a 190-attorney labor and employment firm, has tossed out billable hour requirements for first-year associates. The program aims to close the practical-skills gap of law school education and increase value to clients. "Everyone sits around and complains about the problems," said C. Lash Harrison, managing partner of the firm. "I figured, what the heck, maybe we can try something."
Fired Firm Alleges Client, Co-Counsel Sabotaged Fee
Texas Lawyer
When a legal malpractice suit against Dallas securities attorney Phillip W. Offill Jr. and his former firm settled, the parties seemed happy, but that satisfaction was short-lived. Now a firm that represented plaintiff Consolidated Sports Media Group in that case has filed its own suit against CSMG, its co-counsel and others, alleging it was cut out of the deal. But the new suit raises a separate issue: whether it discloses too much information surrounding the confidential settlement in the prior case.
Federal Circuit Denies Appeal by Attorney 'Wronged' in Court
The National Law Journal
A court's criticism of an attorney -- absent some formal judicial action, such as an explicit reprimand -- is "simply commentary" in the course of an action and not appealable, at least not in the Federal Circuit, according to a recent ruling. Judge William Bryson wrote for the panel that a court order intended to be "'a formal judicial action' in a disciplinary proceeding is an appealable decision, but that other kinds of judicial criticisms of lawyers' actions are not reviewable."
11th Circuit Applies Supreme Court High-Speed Chase Ruling
Fulton County Daily Report
Atlanta lawyer Craig T. Jones said that when the U.S. Supreme Court in April ruled against his case against a police officer over injuries suffered during a high-speed chase, he feared the decision "kind of sealed the fate" of a similar matter pending at the 11th Circuit. He may be right, as a panel last week concluded that they had "no doubt" the high court decision meant that a former officer didn't violate the rights of a man who the officer had been chasing and who died after the two cars collided.
Texas Court Denies Request to Disqualify BP Defense Lawyer
Texas Lawyer
The steering committee of lawyers representing plaintiffs suing BP over a deadly explosion at the company's refinery wants Houston lawyer Ronald Krist off the defense team. But a Texas appeals court has denied a writ of mandamus seeking to overturn a lower court's denial of a motion to disqualify Krist as counsel on the ground that his firm formerly represented four plaintiffs who sought damages from BP after the 2005 explosion. Meanwhile, the first trial in the BP litigation may begin this month.
Pa. Supreme Court Suspends Indicted Judge
The Legal Intelligencer
The Pennsylvania Supreme Court has issued an order suspending from duty Superior Court Judge Michael T. Joyce, who was indicted last week on mail fraud and money-laundering charges. Joyce will not suffer a reduction or suspension of his salary or benefits, and can appeal the suspension. He was charged in connection with $440,000 in insurance settlements he received after his state-leased Mercedes Benz was rear-ended, after which he complained of constant pain and other effects, according to the indictment.
Cadwalader Lures Patent Litigator to Launch IP Practice
New York Law Journal
Cadwalader, Wickersham & Taft has launched an intellectual property practice with a partner from IP boutique Morgan & Finnegan. IP is a new practice area for Cadwalader, best known for its capital markets area. In recent months, the firm has also recruited high-profile lateral partners to boost its antitrust and bankruptcy practices.
You Call That a Notice of Appeal?
Special to Law.com
Despite the relative simplicity of drafting and filing a notice of appeal, sometimes licensed attorneys as well as pro se litigants manage to foul up the process, writes Howard J. Bashman. The appellate litigator looks in particular at two recent federal appellate court cases that demonstrate the hazards for even an experienced practitioner.
Web 2.0 Won't Eat Your Mouse
New Jersey Law Journal
Successful law firms see the need for expedient knowledge management and author Susan Ward says Web 2.0 can fill the bill. Web 2.0 isn't just about software, it’s also about delivering services through dynamic applications in a free information market. The key to Web 2.0 is interactivity, social networking and collaboration where blogs, podcasts and wikis openly roam. Law firms should not fear Web 2.0 -- they should learn to utilize its technologies or lose market share, valuable time and efficiency.
Visit Legal Technology
Sonnenschein Nath's Expansion Plan Proceeds Slowly
The National Law Journal
Sonnenschein Nath & Rosenthal is adding new partners at its fastest clip ever and has added three new offices this year, yet attorney head count is expanding only slowly toward a 2009 target of more than 1,000 lawyers. Despite signing up 20 lateral partners so far this year, the total number of attorneys at the firm has grown by five -- to 650 -- because some attorneys are exiting as the firm sharpens its strategic focus, says firm Chairman Elliott Portnoy.
Visit the Career Center
Saving Good Judgment From the BlackBerry Culture
Special to Law.com
In our current BlackBerry culture, 24/7 availability is assumed, and many view turning the BlackBerry off as professional sacrilege. But Jenner & Block managing partner Gregory Gallopoulos worries that an extreme emphasis on responsiveness jeopardizes a far more important attribute of professional excellence: judgment. He says lawyers and law firms need to resist the BlackBerry culture to the extent necessary to ensure that they don't permit their judgment to become impaired as they strive to be responsive.
Visit Large Law Firm
Law.com®
10 United Nations Plaza, 3rd Floor, San Francisco, CA 94102 (800) 903-9872.
ALM Privacy Policy / Contact Us
© 2007 ALM Properties, Inc. All rights reserved.
Friday, August 17, 2007
Are Surveillance Cameras Worth It? The Evidence Isn't Clear
Source: Crime and Justice News, August, 17, 2007.
- "Opponents and supporters of public surveillance cameras generally agree that while they provide an intuitive sense of security, they are not prolific solvers of violent crime, says the San Francisco Chronicle They can make a difference, but it is limited and tough to measure. They cannot guarantee safety, even within their field of view. What is not clear is whether the city's surveillance effort is worth the cost, in money and privacy. Running separate programs since 2005, Mayor Gavin Newsom's office has spent about $500,000 on the cameras, and the Housing Authority has spent $200,000"
- San Francisco Chronicle
Sexual Incidents in U.S. Prisons, Jails Up 21%
Source: Crime and Justice News, August 17, 2007.
- "Federal, state, and local correctional authorities reported an estimated 6,528 allegations of sexual violence or harassment involving inmates last year, says a new report from the U.S. Bureau of Justice Statistics. The number is up 21 percent from the first such survey in 2004, but much of that may be due to more complete reporting. It was the equivalent of 2.9 allegations per 1,000 inmates in prisons, jails, and other adult correctional facilities during 2006. About 47 percent of the cases involved sexual violence between inmates; 34 percent were nonconsensual acts, such as rape and forcible sodomy; 13 percent were abusive sexual contacts, such as unwanted touching or grabbing with the intention to sexually exploit."
- U.S. Bureau of Justice Statistics
Juror Calls Padilla Small Pawn in Terror Publising
Source: Crime and Justice News, August 17, 2007.
- "Jose Padilla, a larger-than-life symbol for the Bush administration's war on terrorism, was found guilty along with two others yesterday on charges of plotting to support Islamic extremists overseas, reports the Miami Herald. It took jurors just 11 hours to reach unanimous verdicts, despite a complex body of evidence that included hundreds of FBI phone wiretaps introduced during the three-month federal trial. Padilla was charged with serving as an al Qaeda recruit; he and two other men from a South Florida- based terror cell, will be sentenced Dec. 5."
- MIami Herald
New Orleans Crime Up; Criminal Justice Changes Sought
Source: Crime and Justice News, August 17, 2007.
- "Violent crime in New Orleans is up 31 percent compared with the same period in 2005, before Hurricane Katrina, the New Orleans Times-Picayune reports. The biggest jumps occurred in rapes, 40 percent, assaults, 46 percent, and burglaries, 73 percent. Police Superintendent Warren Riley believes that the department regained its footing after a tumultuous two years of challenges including FEMA- trailer offices, depleted staff, low morale, and a fractured criminal justice system"
- New Orleans Times-Picayune
ABA Law Libraries Committee Questionnaire Update
Source: E-mail from Carol Avery Nicholson, ABA Law Libraries Committee, August 17, 2007.
- As you know the ABA has made changes to the annual questionnaire, based upon recommendations from the ABA Law Libraries Committee. In addition to providing an ongoing review of the questionnaire with resulting recommendations for changes, the committee specifically addressed the problem of how we can better report the electronic portions of our collections. The new questionnaire therefore allows us to report dollars we spend on both licensed and owned databases as well as separate figures for licensed databases and owned electronic titles.
- The new questionnaire is the result of extensive discussions both within the committee and with various others who have thoughtfully given us their suggestions and comments. We also examined how other library organizations gather this type of information. For every “perfect solution” one of us was able to devise, two other people were able to identify reasons why that solution was not manageable for others or would not accurately reflect another library’s holdings. For now, we have a document that we hope is a significant move in the right direction, and at minimum, we will have better consistency in the information that we do collect about our electronic resources.
- To provide you and your staff with help in answering the new questionnaire, we have prepared a list of frequently asked questions. This list is posted on the AALL Academic Law Libraries SIS home page at http://www.aallnet.org/sis/allsis/committees/statistics/index.asp. We will continue to update the FAQ list as needed. If you have questions, please send them to Rita Reusch, reuschr@law.utah.edu
- Moving forward, the committee will continue to address the difficulty of having the annual questionnaire accurately reflect both our collections and our services to our schools.
- Thank you.
- Rita Reusch, Chair, 2006-2007
- Paul George, Chair, 2007-2008ABA Law Libraries Committee
Queens NYC: The Most Bookish Borough
Source: NYTimes.com, August 17, 2007.
- A Most Bookish Borough
- "By FRANCIS X. CLINESQueens, America’s most ethnically diverse county, has just been awarded the top prize as the nation’s busiest library system."
The High Cost of Identity Theft
Source: InformationWeek Daily Newsletter, August 17, 2007.
- The High Cost Of Identity Theft
- "Besides a series of annoying TV commercials, the real-world impact of identity theft is much debated these days. Finally, there are some cold, hard numbers."
Journalists Sue HP For Invasion of Privacy
Source: InformationWeek Daily Newsletter, August 17, 2007
- Journalists Sue HP For Invasion Of Privacy
- "The suit stems from the actions of HP board members and contractors who used deception to obtain confidential and detailed phone records."
New Jersey Law Journal State Decisions August 16, 2007
If you are already an online subscriber to the New Jersey Case Alert service you should be able to click on any of the links provded below, sign in, and access any of the decisions listed which interest you.
August 16, 2007
Pryor v. Department of Corrections "ADTC regulations prohibiting inmates from having nonsexually oriented material that will impede their rehabilitation and regulating exceptions to statutorily privileged inmate-therapist communications are constitutional."
Wilson v. Paradise Village Beach Resort and Spa et al "Advertising by airlines and travel agencies of defendant's Mexican resort, and defendant's maintenance of Web sites, is insufficient to support New Jersey's exercise of general jurisdiction."
State v. Fisher "A driver involved in an accident must remain at or return to the scene of the accident and must make known his identity, and such requirements are not unconstitutional. "
Department of Environmental Protection v. Kafil et al "The DEP has the right to seek injunctive relief under N.J.S.A. 58:10-23.11u to remediate conditions alleged to have violated the Spill Act and the USTA without first using its regulatory powers."
August 16, 2007
OFP, L.L.C. v. State "Plaintiff's suit alleging that the act's application to its property was an unconstitutional taking was correctly dismissed for failing to exhaust administrative remedies since it did not apply for a hardship waiver; retroactive application of the act is valid."
Pryor v. Department of Corrections "ADTC regulations prohibiting inmates from having nonsexually oriented material that will impede their rehabilitation and regulating exceptions to statutorily privileged inmate-therapist communications are constitutional. "
Wilson v. Paradise Village Beach Resort and Spa et al "Advertising by airlines and travel agencies of defendant's Mexican resort, and defendant's maintenance of Web sites, is insufficient to support New Jersey's exercise of general jurisdiction."
State v. Fisher "A driver involved in an accident must remain at or return to the scene of the accident and must make known his identity, and such requirements are not unconstitutional."
Department of Environmental Protection v. Kafil et al "The DEP has the right to seek injunctive relief under N.J.S.A. 58:10-23.11u to remediate conditions alleged to have violated the Spill Act and the USTA without first using its regulatory powers."
August 16, 2007
OFP, L.L.C. v. State "Plaintiff's suit alleging that the act's application to its property was an unconstitutional taking was correctly dismissed for failing to exhaust administrative remedies since it did not apply for a hardship waiver; retroactive application of the act is valid. "
Pryor v. Department of Corrections "ADTC regulations prohibiting inmates from having nonsexually oriented material that will impede their rehabilitation and regulating exceptions to statutorily privileged inmate-therapist communications are constitutional. "
Wilson v. Paradise Village Beach Resort and Spa et al "Advertising by airlines and travel agencies of defendant's Mexican resort, and defendant's maintenance of Web sites, is insufficient to support New Jersey's exercise of general jurisdiction. "
State v. Fisher "A driver involved in an accident must remain at or return to the scene of the accident and must make known his identity, and such requirements are not unconstitutional."
Department of Environmental Protection v. Kafil et al "The DEP has the right to seek injunctive relief under N.J.S.A. 58:10-23.11u to remediate conditions alleged to have violated the Spill Act and the USTA without first using its regulatory powers. "
New York Law Journal Decisions of Interest August 17, 2007
If you are already an online subscriber to this service you should be able to click on any of the links provided below, sign in, and access any of the decisions listed which interest you.
- http://www.nylj.com/
- Subscription Required for Online Access:
- APELLATE DIVISIONTHIRD DEPARTMENTCriminal PracticeMurder Conviction Reduced to Manslaughter; Despite Recklessness Depraved Indifference Not Shown People, respondent v. Raymond C. George, appellant
NEW YORK COUNTYCivil Practice
New York Does Not Have Substantial Nexus to Viagra Action; Dismissal for Forum Non Conveniens Granted
Jordan v. Pfizer Inc.
Subscription Required
NEW YORK COUNTYCriminal Practice
Dismissal of Child Endangerment Charges Denied; Statute Imposes Sanctions for Likelihood of Harm People v. Brenda Ambers
Subscription Required
KINGS COUNTYCriminal Practice
Officer's Pedigree Question Exception to 'Miranda'; Defendant Denied Suppression of Statements People v. Jakes Willis
Subscription Required
KINGS COUNTYCivil Practice
Guardian's Civil Contempt Motion Granted For Failure to Turn Over Subpoenaed Documents Matter of Chaimovitz
Subscription Required
SUFFOLK COUNTYContracts
Court Finds Investors' Breach of Contract, Fraud Claims State Causes of Action and Not Time Barred Drain v. Paragon Capital Management Corp.
Subscription Required
U.S. COURT OF APPEALS, SECOND CIRCUITCivil Practice
Unwritten In-Court Settlement Is Binding; No Express Request for Writing Shown Powell v. Omnicom
Subscription Required
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKCriminal Practice
'Fast Track' Argument Is Sufficiently Preserved For Appellate Review; Habeas Relief Is Denied Urena v. United States
Subscription Required
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKContracts
Court Rules Advisory Fees Are Owed for Completed Transactions Post Contract Termination Mercury Partners LLC v. Pacific Medical Buildings LP
Subscription Required
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKCriminal Practice
Defendant's Flight Tolls Statute of Limitations; NYPD Knowledge Not Imputed to Federal Officials United States v. Pedro Francisco
U.S. DISTRICT COURTNORTHERN DISTRICT OF NEW YORKTaxation
Government Wins Injunctive Relief to Stop Illegal Tax Shelter, Prevent Recurrence United States v. Robert L. Schulz et al.
Subscription Required
NASSAU COUNTYCivil Practice
Letter to Clerk by Defendant Ruled Not Appearance Or Answer; Partial Judgment Entered on Liability
Westbury Fence 7 Guide Rail Co. Inc. v. Adler
Subscription Required
Subscription Required
New York Law Journal Lead Articles August 17, 2007
If you are already an online subscriber to New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed
LAW.COM Newswire Highlights August 17, 2007
If newsfeeds are shown on the left side of your screen, the News articles listed below can be viewed in full text by first clicking on the Law.Com Newsfeed and then scrolling down to the appropriate article. If newsfeeds are not displayed on the screen try going to http://www.law.com/newswire/ and searching for the items of interest.
Qualcomm Cites Client Confidentiality in Discovery Mess
The Recorder
In a case marred by discovery errors, Qualcomm's trial counsel are in a place no lawyers want to be. The Day Casebeer Madrid & Batchelder and Heller Ehrman lawyers face the prospect of individual sanctions and possible State Bar discipline for their mistakes in a San Diego patent case. But they have yet to explain to the judge how those discovery blunders came to pass. That's because Qualcomm has told the magistrate judge in the case that such an explanation would violate attorney-client privilege.
2nd Circuit's ERISA Ruling Revives Benefits Claim by Firm 'Partner'
New York Law Journal
A lawyer who rose from secretary to "partner" at a New York firm will get a second chance to show she is due benefits under the firm's profit-sharing and cash-balance pension plans. Attorney Karen Strom said she was denied the benefits when she left the firm because she was not considered a "profit-sharing partner" or "shareholder." The 2nd Circuit has revived her claim by reversing a partial summary judgment in favor of the firm. Strom's attorney said he will pursue damages that could exceed $1 million.
Reading the Roberts Court
Legal Times
The first full term of the Roberts Supreme Court was a blockbuster, viewed by many as a historic turning point. Legal Times held a panel discussion, moderated by Supreme Court correspondent Tony Mauro, to analyze the arguments and opinions. Four leading high court advocates offered candid views on a variety of topics, including how it feels to have Justice Scalia all over you "like a cheap suit," why it's Justice Kennedy's world and we all just live in it -- and which cases to watch for next term.- Visit U.S. Supreme Court Monitor
Federal Indictment Looms Over Pa. Superior Court Judge's Retention Race
The Legal Intelligencer
Judge Michael T. Joyce could be suspended until mail fraud and money laundering charges filed against him Wednesday are resolved, judicial experts say. According to the indictment, Joyce received $440,000 in settlements for injuries he claimed "affected his professional and personal life in a very significant way" after an SUV rear-ended his car. During the same period Joyce claimed to be suffering from pain and impaired mobility, he played several rounds of golf and went scuba diving, prosecutors said.
7th Circuit Breaks With Six Circuits Over Waiver of Appeal
The National Law Journal
The 7th Circuit has broken with six other circuits to chart its own course on when criminal lawyers may forgo appeals. Six circuits have held that a waiver of appeal in plea bargain cases does not relieve counsel of a duty to file a notice of appeal at the client's request. But 7th Circuit Chief Judge Frank Easterbrook confesses "[s]ome doubt about the constitutional reasoning of the circuits that have located in the Sixth Amendment a rule that a lawyer is the client's puppet."
'Excruciatingly Slow' Testimony Results in Added Discovery
New York Law Journal
A state appeals court in Manhattan has ruled that plaintiffs seeking to enforce a $116 million terrorism verdict are entitled to further deposition of the Palestinian Authority's New York lawyer, whose "excruciatingly slow" testimony apparently caused plaintiffs to run afoul of a previous discovery deadline. The majority in the 4-1 decision wrote that it accepted as fact that the lawyer spoke unusually slowly because the plaintiffs lawyer's assertion had gone "uncontradicted."
Multiple Lawsuits Allege Laxative Causes Kidney Failure
The Associated Press
A popular over-the-counter laxative used to flush out patients' bowels before procedures such as colonoscopies has caused serious kidney damage and even death, a series of lawsuits filed across the country alleges. The lawsuits target Fleet Phospho-soda, made by C.B. Fleet Co. Inc. of Lynchburg, Va. More than 50 have already been filed in at least 20 states, Stephen Foley, one of the lawyers involved in the litigation, said Thursday. Nine of them were filed this week in federal court in Minnesota.
N.J. Appeals Court Lets $70.8 Million Med-Mal Verdict Stand
New Jersey Law Journal
Thursday, August 16, 2007
Law Enforcement Will Get Spy Satellite Data
Source: Crime and Justice News. August 16, 2007.
"The Bush administration will give law enforcement officials and others the ability to view data obtained from satellite and aircraft sensors that can see through cloud cover and even penetrate buildings and underground bunkers, reports the Washington Post. The Director of National Intelligence and the Department of Homeland Security will allow broader domestic use of secret overhead imagery beginning as early as this fall; the expectation is that state and local law enforcement officials will eventually be able to tap into technology once largely restricted to foreign surveillance"Washington Post
"The Bush administration will give law enforcement officials and others the ability to view data obtained from satellite and aircraft sensors that can see through cloud cover and even penetrate buildings and underground bunkers, reports the Washington Post. The Director of National Intelligence and the Department of Homeland Security will allow broader domestic use of secret overhead imagery beginning as early as this fall; the expectation is that state and local law enforcement officials will eventually be able to tap into technology once largely restricted to foreign surveillance"Washington Post
California May Criminalize Profiting From Photos Behind Bars
Source: Crime and Justice News, August 16, 2007,
"Amid concern over the entertainment blogs and tabloids competing for inside information on Paris Hilton's jailing and Mel Gibson's tirade during a drunk- driving arrest, California legislators may clamp down on some forms of checkbook journalism, says the Los Angeles Times. A pending bill would make it a crime for law enforcement or court employees to profit by releasing confidential information gathered in criminal investigations or unauthorized photographs of people in custody. Los Angeles County Sheriff Lee Baca, who requested the legislation, said it was needed to preserve the integrity of the justice system in an age when a photo of a jailed Paris Hilton could fetch up to $500,000."
San Jose Mercury News
"Amid concern over the entertainment blogs and tabloids competing for inside information on Paris Hilton's jailing and Mel Gibson's tirade during a drunk- driving arrest, California legislators may clamp down on some forms of checkbook journalism, says the Los Angeles Times. A pending bill would make it a crime for law enforcement or court employees to profit by releasing confidential information gathered in criminal investigations or unauthorized photographs of people in custody. Los Angeles County Sheriff Lee Baca, who requested the legislation, said it was needed to preserve the integrity of the justice system in an age when a photo of a jailed Paris Hilton could fetch up to $500,000."
San Jose Mercury News
With U.S. Help New Jersey Plots New Attack On Crime Guns
Source: Crime and Justice News, August 16, 2007.
"An agreement between federal and state officials will allow the New Jersey State Police to trace the origin of every gun recovered from a crime scene in the state, boosting efforts to combat illegal weapons trafficking, says the Newark Star-Ledger. The agreement with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives is the first of its kind in the nation, giving troopers direct access to gun-purchase records so they can look for patterns in the flow of weapons to New Jersey's streets."
Newark Star-Ledger
"An agreement between federal and state officials will allow the New Jersey State Police to trace the origin of every gun recovered from a crime scene in the state, boosting efforts to combat illegal weapons trafficking, says the Newark Star-Ledger. The agreement with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives is the first of its kind in the nation, giving troopers direct access to gun-purchase records so they can look for patterns in the flow of weapons to New Jersey's streets."
Newark Star-Ledger
Are Drug War Disputes Again Causing Homicide Increases"
Source: Crime and Justice News, August 16, 2007.
"Cleveland has had 87 homicides this year, putting the city on pace for the third straight year to have more than 100 murders. Cleveland hasn't had this many murders since the mid-1990s - there were 135 in 1995, reports the Cleveland Plain Dealer. With 258 murders so far this year, Philadelphia may record its highest number of homicides in a decade, garnering the nickname 'Killadelphia' ."
"City officials and criminologists say there is no single reason for the increase. The illegal drug market, an abundance of guns, gang violence, a large ex-offender population, and an economic downturn could be fueling the uptick. Federal arrests have yanked dozens of drug dealers off the streets in recent months, causing a cocaine shortage and more violent crimes. Under this theory of Mayor Frank Jackson, the arrests have led to increased competition and violence among drug dealers, leading to short-term side effects: spikes in robberies with firearms and homicides. Peter Moskos, a criminologist at John Jay College of Criminal Justice, does not believe a cocaine shortage exists. If it did, it would lead to killings between the dealers, not the buyers, he said. James Alan Fox, a criminologist at Northeastern University in Boston, disagrees. Other dealers will capture the market when the competition is removed. If the demand does not decrease, the supply is not affected, he said. "
Cleveland Plain Dealer
"Cleveland has had 87 homicides this year, putting the city on pace for the third straight year to have more than 100 murders. Cleveland hasn't had this many murders since the mid-1990s - there were 135 in 1995, reports the Cleveland Plain Dealer. With 258 murders so far this year, Philadelphia may record its highest number of homicides in a decade, garnering the nickname 'Killadelphia' ."
"City officials and criminologists say there is no single reason for the increase. The illegal drug market, an abundance of guns, gang violence, a large ex-offender population, and an economic downturn could be fueling the uptick. Federal arrests have yanked dozens of drug dealers off the streets in recent months, causing a cocaine shortage and more violent crimes. Under this theory of Mayor Frank Jackson, the arrests have led to increased competition and violence among drug dealers, leading to short-term side effects: spikes in robberies with firearms and homicides. Peter Moskos, a criminologist at John Jay College of Criminal Justice, does not believe a cocaine shortage exists. If it did, it would lead to killings between the dealers, not the buyers, he said. James Alan Fox, a criminologist at Northeastern University in Boston, disagrees. Other dealers will capture the market when the competition is removed. If the demand does not decrease, the supply is not affected, he said. "
Cleveland Plain Dealer
State Agency Databases Across the Fifty States
"In every US State and the District of Columbia, agencies are creating databases of useful information - information on businesses, licensed professionals, plots of land, even dates of fish stocking. Some of this content is available on search engines, but much of it is part of the invisible web."
http://wikis.ala.org/godort/index.php/State_Agency_Databases
http://wikis.ala.org/godort/index.php/State_Agency_Databases
Library Vacancy Announcement: Law Librarian II
Law Librarian I/II (Stamford Area). The Connecticut Judicial Branch is seeking a qualified individual to perform professional to advanced library duties which include providing legal reference and research guidance, instruction in database searching, catalog and collection maintenance. Minimum Qualifications: A Master’s degree in Library Science or Information Science from a graduate school accredited by the American Library Association. Starting Salary: $53,809/$56,356 - plus benefits. In-state travel required. Resumes must be received by August 27, 2007. Reference ad I.D. #07-1000-150. AA/EOE. Please mail resume to: Judicial Branch, Human Resources, 90 Washington Street, Hartford, CT 06106 or fax to: (860) 706-5091. E-mail questions to: Human.Resources@jud.ct.gov.
New York City Receives $350 Million for Mass Transit Improvements and Traffic Reduction
Source: Government Technology Executive News, August 16, 2007.
New York Receives $350 Million For Mass Transit Improvements and Traffic Reduction "Aug 15 2007 10:08AMNew York City is committed to spending $112.7 million for technology acquisition, matching the USDOT's spending on bus rapid transit."
New York Receives $350 Million For Mass Transit Improvements and Traffic Reduction "Aug 15 2007 10:08AMNew York City is committed to spending $112.7 million for technology acquisition, matching the USDOT's spending on bus rapid transit."
Your Innovation Toolkit
Source: CIO Insider, August 16, 2007.
Your Innovation Toolkit "When was the last time you or someone on your team had a great idea? What happened to it? Whether you were able to execute it successfully or it fizzled out, there's always room to improve your hit rate."
Your Innovation Toolkit "When was the last time you or someone on your team had a great idea? What happened to it? Whether you were able to execute it successfully or it fizzled out, there's always room to improve your hit rate."
Real Social Networking Needs A Culture of Openness
Source: CIO Insider, August 16, 2007
Real Social Networking Promotes Openness "For all the hype MySpace and Facebook have generated, social networking will only become more appealing to a wider group of users and to businesses if it embraces a culture of openness. On both services, only members can see others' profiles, for instance. Services like Plaxo's Pulse (which just launched in Beta) aim to change the rules. "
Real Social Networking Promotes Openness "For all the hype MySpace and Facebook have generated, social networking will only become more appealing to a wider group of users and to businesses if it embraces a culture of openness. On both services, only members can see others' profiles, for instance. Services like Plaxo's Pulse (which just launched in Beta) aim to change the rules. "
Selected U.S. Federal Documents from Gallerywatch.com
Selected federal documents below from Gallery Watch.com may include references to government reporrts, Congressional letters, draft bills, and other primary source materials. Documents listed are accessible only through subscription to the GalleryWatch.com service. For additional information regarding access to these documents contact http://www.gallerywatch.com
08/15/2007
Gulf Coast Hurricanes and the Federal Budget (PDF 56 KB) Summary of a House Budget Committee hearing held on August 2, 2007, entitled, "Hurricanes Katrina and Rita: What will be the long-term effect on the federal budget?"
08/15/2007
Letter to Attorney General Alberto Gonzales from the Chairman and Ranking Member of the Senate Judiciary Committee (PDF 1.02 MB) Letter requests a 60-day extension of the deadline for the submission of comments regarding the proposed regulations to implement the USA PATRIOT Improvement and Reauthorization Act of 2005 (P.L. 109-177)
08/15/2007
Letter to Chairmen of the Senate Judiciary and Intelligence Committees from Senate Majority Leader Harry Reid Letter requests both committees to report out as soon as possible legislation providing long-term reform to the Foreign Intelligence Surveillance Act (FISA)
08/15/2007
Letter to the Senate Majority and Minority Leaders from Director of National Intelligence Mike McConnell Letter provides information regarding the Protect America Act of 2007 (S. 1927)- © Copyright GalleryWatch.com, Inc. (1999 - 2007), provided under license.NO CLAIM TO ORIGINAL U.S. OR STATE GOVERNMENT WORKS
New York Law Journal Decisions of Interest August 16, 2007
If you are already an online subscriber to this service you should be able to click on any of the links provided below, sign in, and access any of the decisions listed which interest you.
- http://www.nylj.com/
- APPELLATE DIVISIONFIRST DEPARTMENTMotor VehiclesDenial of Dismissal, Under Emergency Doctrine, Of Estate’s Suit Over Accident Should Be Reversed Alamo, plaintiffs-respondents v. McDaniel, defendants-appellants
NEW YORK COUNTY
Torts
Software Is Ruled Intangible Property Under English Law; Found Not Subject of Conversion Claim
Van Deventer v. CS SCF Management Limited
Subscription Required- NEW YORK COUNTY
Torts
Bar Patron Raises Issues of Fact in Negligence Action; Restaurant Denied Summary Judgment
Fama v. 155 Second Ave. Restaurant Inc.
Subscription Required - KINGS COUNTY
Landlord/Tenant Law
Landlord Denied Summary Judgment; Dismissal Of Tenant's Counterclaims Based on Waiver Denied
47 Thames Realty LLC v. Kreiling
Subscription Required - KINGS COUNTY
Damages
LIRR Granted Setting Aside Verdict on Damages Unless Employees Agree to Reduction of Damages
Aguirre v. Long Island Rail Road Co.
Subscription Required - QUEENS COUNTY
Civil Practice
Foreign Company Is Denied Dismissal for Lack Of Jurisdiction Based on Web Site Contacts
TechSource International Inc. v. McCue Corp.
Subscription Required - NASSAU COUNTY
Landlord/Tenant Law
Landlord-Tenant Relationship Found Terminated When Tenant's Status Merged Into Contract of Sale
Sethi v. Kaur
Subscription Required - U.S. COURT OF APPEALS, SECOND CIRCUIT
Immigration Law
Court Lacks Jurisdiction to Review Denial Of Application for Cancellation of Removal
Barco-Sandoval v. Gonzales
Subscription Required - U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
Arbitrator Has Authority to Grant Relief Beyond Request, Ascribe Different Meaning to Terms
Sanluis Developments LLC v. CCP Sanluis LLC
Subscription Required - U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Pro Se Defendant's Request to Call Trial Counsel As Witness Granted in Effective Assistance Dispute
United States v. Mustafa Ozsusamlar and Osman Ozsusamlar
Subscription Required - U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Water Accumulation in Prison Cell Did Not Pose Unreasonable Risk of Serious Health Damage
Jennings v. Horn
Subscription Required - U.S. BANKRUPTCY COURT
NORTHERN DISTRICT OF NEW YORK
Bankruptcy
Debtor, Creditor Law Does Not Violate Bankruptcy, Supremacy, Taking Clauses of U.S. Constitution
In Re: Sherry Lynn Brown and In Re Michael Gloss
Subscription Required
New York Law Journal Lead Articles August 16, 2007
If you are already an online subscriber to New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed
LAW.COM Newswire Highlights August 16, 2007
If newsfeeds are shown on the left side of your screen, the News articles listed below can be viewed in full text by first clicking on the Law.Com Newsfeed and then scrolling down to the appropriate article. If newsfeeds are not displayed on the screen try going to http://www.law.com/newswire/ and searching for the items of interest.
Baker & McKenzie's Profits per Partner Top $1 Million Mark
New York Law Journal
Baker & McKenzie, the world's largest law firm, is set to announce today that it grossed $1.83 billion in its 2007 fiscal year -- a 20 percent increase in revenue. The firm will also report that, for the first time, its profits per partner were over the $1 million mark, up 22 percent from the year before. Chairman John Conroy attributed the results to a strategic plan the 3,600-lawyer firm adopted three years ago.
Solicitor General Sides Against SEC in Major High Court Securities Case
The American Lawyer
In the cage match of the securities bar, Solicitor General Paul Clement has sided with corporate interests over investors. Clement on Wednesday filed an amicus brief for defendants in a Supreme Court case that may decide whether lawyers, accountants and bankers can be sued by private investors for activities that arguably go beyond aiding and abetting corporate fraud. In an extraordinary turn of events, the case has exposed a rift between the SEC and the Bush administration and its Department of Justice.
Visit U.S. Supreme Court Monitor
DRAM Case Yields $81 Million Fee Award
The Recorder
Northern District of California Judge Phyllis Hamilton on Wednesday approved attorney fees for plaintiffs lawyers who reached a $325 million settlement in a price-fixing case against companies that make Dynamic Random Access Memory computer chips. Lead plaintiffs attorneys say an estimated $81.5 million, or 25 percent of the total settlement, will be split as fees between some 40 firms that worked on the case, which was brought on behalf of companies that used the chips in their products.
New York City's Suit Against Gun Dealers Proceeds
New York Law Journal
A lawsuit by New York City charging 15 out-of-state gun retailers with facilitating the illegal sale of guns in the city will go forward following a federal judge's denial of defendants' motion to dismiss on personal jurisdiction grounds. In a 100-page decision, Judge Jack B. Weinstein set out in extensive detail statistics supporting the city's claim that the defendants "de facto serve" the New York market "through regular sales to straw purchasers, through multiple gun sales, or through internet sales."
9th Circuit Judges Challenge Government for More Candor on Wiretaps
The Recorder
In trying to sort out litigation over a federal wire-tapping program, three 9th Circuit judges wanted to know whether more candor by the government could make one suit go away -- and in another, they seemed inclined to dismiss it themselves. At a hearing on two cases over the post-9/11 spying, Judges Harry Pregerson, M. Margaret McKeown and Michael Daly Hawkins seemed offended by the government's invocation of the state secrets privilege but also unlikely to give plaintiffs lawyers everything they want.
Sharper Image Claims Reimbursing Customers Will Cause Bankruptcy
Daily Business Review
Financial experts for retailer Sharper Image are expected to testify today that the company could be pushed into bankruptcy if it is forced to pay up to $900 million to settle a class action being pushed by 27 state attorneys general and several plaintiffs attorneys. At a final fairness hearing today, U.S. District Judge Cecilia Altonaga must weigh Sharper Image's financial health against the demands of various plaintiff groups who want customers compensated for $300 air purifiers they say were ineffective.
N.J. Court: Malpractice Deadline Is Tolled by New Lawyer's Advice
New Jersey Law Journal
In an opinion that reminds matrimonial lawyers that there is no telling how long after a final judgment they can remain liable for malpractice, a New Jersey appeals court has ruled that a wife who agreed to an alimony settlement in 1994 could sue for malpractice almost 10 years later. Reinstating the claim, the panel said the cause of action did not accrue when the client had a premonition that something went wrong. It accrued when another lawyer told the client she might have a malpractice case.
Closing Attorneys See Red Over HomeBanc Mortgage's Bad Checks
Fulton County Daily Report
Dozens of Atlanta-area real estate closing attorneys are scrambling after receiving $20 million or more in bounced checks last month from HomeBanc Mortgage Corp. Although Georgia law requires lawyers to wait until checks have cleared before closing a mortgage, in practice most real estate closing attorneys don't wait for the money to clear, instead closing when they have a check in hand. Now, some attorneys face possible bar violations, and are digging into personal accounts to cover HomeBanc's mistake.
Federal Judge: Students Can Never Consent to Sex With Their Teachers
The Legal Intelligencer
A Pennsylvania federal judge has refused to dismiss a civil rights suit brought by a woman who claims she had a 10-month affair with her band teacher, finding that a high school student can never truly consent to having a sexual relationship with a teacher whose class she is taking. As a result, U.S. District Judge Eduardo C. Robreno said, "a teacher who has sex with a high school student who is assigned to his class discriminates against the student on the basis of sex in violation of Title IX."
Head of Va. Bar Association in Loan Dispute
Legal Times
Glenn Lewis is a prominent divorce lawyer in the Washington, D.C., metro area and president of the Virginia Bar Association, but he's had some trouble with his bank, BB&T, which sued Lewis and his law firm at the end of last year for failure to pay back two loans totaling close to $1 million. On at least one occasion last year the firm's payroll wasn't met, and Lewis' house was put in foreclosure. Adding to the turmoil, over the past three years, the Lewis Law Firm experienced a heavy turnover in its ranks.
Small Firm Finds New Ways to Encourage Business Development
LawFirmInc.
Patrick Lamb is an anomaly: an attorney who thinks like a client, perhaps because legal business development is one of his specialties. At 33-lawyer Butler Rubin Saltarelli & Boyd in Chicago, Lamb, as co-managing partner, saw an all-too-common imbalance: A small number of the partners were responsible for most of the financial success. So in order to enforce a marketing plan, Lamb convinced the partners to get tough. "We had used the carrot, and it didn't work," he says. "Now it was time for the stick."
Visit Small Firm Business
New Security Twist to Acquisitions Spurs More Work for Law Firms
The National Law Journal
A new law giving the U.S. government a seat at the deal table in a growing number of acquisitions of U.S. firms by foreign entities has created a flood of work for law firms helping companies assess the national security implications of proposed deals. "It fell into a sweet spot in the firm," said Covington & Burling's David Marchick. "We had the technical competence, and we have people who have worked in senior levels in half of the [Committee on Foreign Investment in the United States] agencies."
Visit In-House Counsel
Employment Litigation Gets Personal for Company Managers
The National Law Journal
Employment law is getting personal. An increasing number of executives, managers and other company leaders are being sued personally for their work-related decisions. The trend has put upper management on edge, and recent court decisions have added to this fear. Plaintiffs attorneys have some strategic reasons for naming individuals as defendants, but if they're looking for an easy fight, they may be mistaken. Going after executives can involve more money, more time -- and more lawyers fighting back.
Visit the Employment Law Practice Center
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Wednesday, August 15, 2007
Newark Cameras Called "Cutting Edge Of Crime Prevention"
Source: Crime and Justice News, August 15, 2007.
"Newark Mayor Cory Booker and his beleaguered police force hope a new video surveillance system called Community Eye is a glimpse of the future of law enforcement in the city, which remains shaken by the execution-style murders of three college students 11 days ago, the Newark Star-Ledger reports. The project will marry audio gunshot-detection technology with a series of remote-control public surveillance cameras into a network that police believe will help them solve and prevent crimes -- most notably the rampant gun violence plaguing New Jersey's largest city.
The technology has been used to reduce crime in East Orange and other places around the nation. Police Director Garry McCarthy said,'"I kind of feel like a kid on Christmas morning.' The heart of the program -- one Booker said will put Newark 'on the cutting edge of crime prevention' -- is that cameras will be placed into a wireless network that is connected with gunshot-detection sensors. The sensors "hear" gunfire, which they can distinguish from other noises like cars backfiring. Then, with a little bit of geometry and some help from Global Positioning System satellites, the system instantly alerts police to the exact location of the gunfire. The cameras will cover 7 square miles. While that is less than a third of the 24-square-mile city, the selected areas are where 80 percent of shootings have occurred since 2005. The system will cost $3.2 million, and the Newark Community Foundation, a recently formed nonprofit group, has pledged to raise it." Newark Star-Ledger
"Newark Mayor Cory Booker and his beleaguered police force hope a new video surveillance system called Community Eye is a glimpse of the future of law enforcement in the city, which remains shaken by the execution-style murders of three college students 11 days ago, the Newark Star-Ledger reports. The project will marry audio gunshot-detection technology with a series of remote-control public surveillance cameras into a network that police believe will help them solve and prevent crimes -- most notably the rampant gun violence plaguing New Jersey's largest city.
The technology has been used to reduce crime in East Orange and other places around the nation. Police Director Garry McCarthy said,'"I kind of feel like a kid on Christmas morning.' The heart of the program -- one Booker said will put Newark 'on the cutting edge of crime prevention' -- is that cameras will be placed into a wireless network that is connected with gunshot-detection sensors. The sensors "hear" gunfire, which they can distinguish from other noises like cars backfiring. Then, with a little bit of geometry and some help from Global Positioning System satellites, the system instantly alerts police to the exact location of the gunfire. The cameras will cover 7 square miles. While that is less than a third of the 24-square-mile city, the selected areas are where 80 percent of shootings have occurred since 2005. The system will cost $3.2 million, and the Newark Community Foundation, a recently formed nonprofit group, has pledged to raise it." Newark Star-Ledger
New York Police Report Cites "Homegrown: Terror Threat
Source: Crime and Justice News, August 15, 2007.
"Citizens who quietly band together and adopt radical ways pose a serious threat to American security, says a new police analysis reported by Associated Press. The New York Police Department report describes a process in which young Muslim immigrants, frustrated with their lives in their adopted country, slowly adopt a philosophy that puts them on the path to jihad. The men meet and share ideas in mosques, in bookstores, and over the Internet.
Potential terrorists are difficult for law enforcement to detect because they blend in well. The report argues that more intelligence gathering is needed to thwart terror plots at their earliest stages. The study, titled 'Radicalization in the West: The Homegrown Threat' is based on an analysis of the security risks exposed in criminal cases in Lackawanna, N.Y., Portland, Or., and Virginia, as well as plots in Madrid, Toronto, and Hamburg, Germany." Associated Press/Washington Post
"Citizens who quietly band together and adopt radical ways pose a serious threat to American security, says a new police analysis reported by Associated Press. The New York Police Department report describes a process in which young Muslim immigrants, frustrated with their lives in their adopted country, slowly adopt a philosophy that puts them on the path to jihad. The men meet and share ideas in mosques, in bookstores, and over the Internet.
Potential terrorists are difficult for law enforcement to detect because they blend in well. The report argues that more intelligence gathering is needed to thwart terror plots at their earliest stages. The study, titled 'Radicalization in the West: The Homegrown Threat' is based on an analysis of the security risks exposed in criminal cases in Lackawanna, N.Y., Portland, Or., and Virginia, as well as plots in Madrid, Toronto, and Hamburg, Germany." Associated Press/Washington Post
Giuliani Says He Could Work Again With Bratton
Source: Crime and Justice News, August 15, 2007.
Presidential contender and former New York Mayor Rudy Giuliani says he could imagine working again with his former police chief, William Bratton, now chief in Los Angeles. Giuliani and Bratton had a famous falling out during Giuliani's mayoral reign. The two met recently. Giiuliani, saying that he is older and wiser now, told The New Yorker that his relationship with Bratton was 'extraordinarily productive.' He added: 'We took a city that nobody believed could be turned around with regard to crime, and really did turn it around. That's not like a political slogan. We really did it. Now that I look back on it, I really appreciate the relationship.'
The New Yorker profile of Giuliani calls the gun issue dangerous for the candidate. In two early primary states, New Hampshire and South Carolina, Giuliani can be portrayed as a "a big-city gun grabber." He was a visible ally of Bill Clinton on gun control in the 1990s, and has been close to an absolutist on every gun- control issue he has ever confronted, going back to his time in the Reagan Justice Department (when he opposed Edwin Meese, White House counsel, on the issue). The New Yorker says 'it is the subject on which he becomes most contorted in trying to square his past positions with his current political imperatives.' " The New Yorker
Presidential contender and former New York Mayor Rudy Giuliani says he could imagine working again with his former police chief, William Bratton, now chief in Los Angeles. Giuliani and Bratton had a famous falling out during Giuliani's mayoral reign. The two met recently. Giiuliani, saying that he is older and wiser now, told The New Yorker that his relationship with Bratton was 'extraordinarily productive.' He added: 'We took a city that nobody believed could be turned around with regard to crime, and really did turn it around. That's not like a political slogan. We really did it. Now that I look back on it, I really appreciate the relationship.'
The New Yorker profile of Giuliani calls the gun issue dangerous for the candidate. In two early primary states, New Hampshire and South Carolina, Giuliani can be portrayed as a "a big-city gun grabber." He was a visible ally of Bill Clinton on gun control in the 1990s, and has been close to an absolutist on every gun- control issue he has ever confronted, going back to his time in the Reagan Justice Department (when he opposed Edwin Meese, White House counsel, on the issue). The New Yorker says 'it is the subject on which he becomes most contorted in trying to square his past positions with his current political imperatives.' " The New Yorker
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