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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal Decisions of Interest June 10, 2008

By David Badertscher, PLL

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APPELLATE DIVISION
THIRD DEPARTMENT
Criminal Practice
GPS Tracking Device on Van Did Not Infringe Privacy Expectation, Fourth Amendment Protections
People, respondent v. Scott C. Weaver, appellant

NEW YORK COUNTY
Contracts
Clearing Agent Not Liable for Almost $550 Million Loss Of Futures Commission Merchant; Complaint Dismissed
Clifden Futures LLC v. Man Financial Inc.

BRONX COUNTY
Torts

Causal Relationship Between Respiratory Problems, Moldy Environment Generally Accepted in Scientific Community
Friedman v. Madison 40 Associates LP

QUEENS COUNTY
Torts

Patient Fails to Establish Prima Facie Case In Medical Malpractice Action; Dismissal Granted
Rivera v. Women's Health Services PC

RICHMOND COUNTY
Insurance Law

Insurer?s Second Verification Request Timely; Time To Pay, Deny Claim Not Elapsed, Action Premature
Park Slope Medical and Surgical Supply Inc. v. Country-Wide Ins. Co.

ORANGE COUNTY
Criminal Practice

Defendant Exempt From Prosecution of Weapons Charge as Coast Guard Officer Pursuant to LEOSA
People v. Benjamin L. Booth Jr.

ONONDAGA COUNTY
Trusts and Estates

Prudent Man Rule, Prudent Investor Act Default Statutes Subordinate to Trust Terms; Co-Trustees Did Not Breach Duty
Matter of Manufacturers and Traders Trust Co.

U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice

Panel Rejects Black Defendant's Claim That 'Batson' Inapplicable Where Removal of White Jurors Is Sought
United States v. Rodriguez (Todd)

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment

Drug Firm's Representatives Likely Subject to FLSA Overtime Exemption for Administrative Employees
Amendola v. Bristol-Myers Squibb Co.

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Employment

ERISA Complaint May Be Amended as to Claims Against County's Economic Opportunity Agency
L.I. Head Start Child Development Services Inc. v. Economic Opportunity Comm. of Nassau County Inc.

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Attorneys' Fees

Fees Much Less Than Sought Awarded in False Claims Action Whose Issue Was Neither Complex Nor Novel
Pugach v. M&T Mortgage Corp.

U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Civil Rights

Black Couple Made Prima Facie Discrimination Claim Based on Racial Slurs by Hotel Restaurant's Manager
Feacher v. Intercontinental Hotels Group

Full post as published by New York Supreme Court Criminal Term Library on June 10, 2008 (boomark / email).

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