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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal Decisions of Interest July 18, 2008

By David Badertscher, PLL

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U.S. COURT OF APPEALS, SECOND CIRCUIT
Taxation
Technical Breaches During IRS Probe Do Not Warrant Summons Quash Absent Bad Faith, Harm, or Prejudice
Adamowicz, petitioners-appellants v. United States, respondent-appellee

COURT OF CLAIMS
Torts
State Must Pay Claimant Damages For Illegal Confinement After He Was 'Lost' in System
Harding v. State of New York

NEW YORK COUNTY
Criminal Practice

Marijuana Held by Defendant Inside Vehicle On Street Open to Public View; Dismissal Denied
People v. Ronnie Watkins

KINGS COUNTY
Family Law

JHO's Report Fails to Address Issue Set Forth In Referral Order; Wife Granted New Hearing
Raihan v. Chowdhury

QUEENS COUNTY
Trusts and Estates

Application by Guardian For Retroactive Creation Of Supplemental Needs Trust Granted by Court
Matter of Robert Miller

RICHMOND COUNTY
Real Property

Third-Party Complaint Fails to Allege Acts Tolling Running of Statute of Limitations Under TILA, RESPA
Fremont Investment & Loan v. Edwardsen

NASSAU COUNTY
Criminal Practice

Court Finds Defendant Received Effective Assistance Of Counsel; Judgment of Conviction Vacatur Denied
People v. Samuel Jones

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law

French Citizen's Suit Alleging Securities Fraud In Dubai Dismissed; 'Bersch' Tests Not Satisfied
Marland v. Heysel

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

Collective Action Authorized for Restaurant Workers' FLSA Suit Over Tip-Pooling, Overtime Pay Breaches
Dumitrescu v. Mr. Chow Enterprises Ltd.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice

Court Rejects Claim That Government's Summation Broadened Indictment, Narrowed Required Proof
United States v. Rafael Barrios

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property

Tiffany Fails to Prove eBay Contributed to Mark Violation; Tiffany Bears Burden of Policing Mark
Tiffany (NJ) Inc. v. eBay Inc.

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Criminal Practice

Drug Trafficker May Assert Self-Defense Claim In Death Penalty Case Over Killings of Two
United States v. Humberto Pepin Taveras

Full post as published by New York Supreme Court Criminal Term Library on July 18, 2008 (boomark / email).

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