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Top StoriesBenefits of Overhauling NY Constitution Is Focus of Judicial Task Force
Chief Judge Janet DiFiore has assembled a 15-member group that she says will study the Judiciary Article of the New York state constitution and determine whether staging a constitutional convention would benefit the courts.
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NFL, AP Can't Shake Photographers' Unfair Contract Suit, Judge Rules
A group of freelance photographers have sufficiently alleged that they were pressured into unfair contracts, Southern District Judge Robert Sweet ruled on Friday.
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Faulting Counsel's Advocacy, Panel Reverses Neglect Finding
A divided upstate appeals court found that, while a lower court properly determined that a mother neglected her three children, the children's trial attorney failed to advocate for the wish of two of the children to remain with the mother and thus provided ineffective assistance of counsel.
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Cozen O'Connor Founder Says Release of '28 Pages' Boosts 9/11 Suit
For Cozen O’Connor name partner Stephen A. Cozen, Friday’s release of 28 previously classified pages from the 9/11 report is an affirmation of what he has been arguing in court for 13 years—and may have come at just the right time.
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Volkswagen Accused of Fraud by NY, Others
New York state, Massachusetts and Maryland are suing Volkswagen and its affiliates Audi and Porsche over diesel emissions cheating, alleging that the German automakers defrauded customers and violated state environmental laws by selling diesel vehicles equipped with software allowing them to cheat emissions testing.
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Debevoise Partner Named to Judicial Nomination Commission
Matthew Biben has been named by state Chief Judge Janet DiFiore as a member of the state Commission on Judicial Nomination. The next scheduled vacancy for which the commission will propose candidates will occur when Judge Eugene Pigott Jr. steps down Dec. 31 due to mandatory retirement rules.
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Baker & McKenzie Counsels Facebook in Tax Dispute
Baker & McKenzie is representing Facebook Inc. in its dispute with the IRS over the value of assets the company transferred to its Irish holding company.
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SUM Offsets: a Rare Reversal of 'Settled' Law
In their Insurance Law column, Jonathan A. Dachs writes: One of the more interesting insurance law questions posed to the courts in recent years involves whether an "SUM" carrier is entitled to a reduction in coverage for the amount(s) received from non-motor vehicle tortfeasors, such as municipalities, bars or medical providers. A recent Second Department decision has created a division in authority.
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Subordination of Lease and the Doctrine of Merger
Stephen A. Helman discusses Subordination, Non-disturbance and Attornment Agreements, which achieve the subordination of the tenant's lease to the mortgage on the landlord's fee estate and the contemporaneous protection of the tenant against the foreclosure of such mortgage, and recommends provisions to be included if the lease contains a right of first refusal or offer.
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Guarantees: When Is a Contest 'Material'?
In their Financing column, Jeffrey B. Steiner and Jason R. Goldstein discuss guarantee agreements and advise: "In order to ensure that a lender's rights to exercise its default remedies are protected, guaranty agreements should always be negotiated with care to ensure that the guarantor will be held sufficiently liable for any losses incurred by the lender."
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Read the Rest of Today's News »Read the Rest of Today's Columns »
STATE CASESMatter of Sochurek, 2014-487/ADecedent's Daughters' Challenge to Executrix's Authority Violated Will's In Terrorem Clause Read More » The People v. Mandela, 108040GCL §25-a Applied to Extend Six-Month Period; DA's Statement of Readiness Timely, Effective Read More » Matter of Azzi, CA 15-00223Order Appointing AIP a Guardian Reversed, Objectants' Cross-Petition Reinstated Read More » Will of Weisner, 1991-3783/BDenial of Receipt of Pleadings Fails to Rebut Service Presumption; Vacatur of Decree Denied Read More » People v. Efrain Acevedo III, 106644Despite Error, Panel Upholds Ruling on Juror Removal Read More » Read the Rest of Today's Cases »FEDERAL CASESFlorez v. CIA, 15-1055-cvDistrict Court Must Decide Importance of FBI's Disclosures as to CIA's 'Glomar' FOIA Response Read More » Arias v. Aviles, 15-CV-9249'Lora' Decision Should Be Extended to LPRs Detained on Seeking Reentry After Trips Abroad Read More » Fuentes v. T. Griffin, 14-3878Circuit: Defendant Entitled to Alleged Rape Victim's Psychiatric Report Read More » Chunn v. Amtrak, 14 Civ. 6140Decision Denying Appointment of Pro Bono Counsel to Indigent Plaintiff Is Explained Read More » Lutheran Medical Center v. Burwell, 14-CV-731PRRB Lacks Juridiction Over Issues Related To Teaching Hospital's FTE Carryover Costs Read More » Read the Rest of Today's Cases » |
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