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: New York Supreme Court Criminal Term LibraryNew York Law Journal Featured Columnists August 5, 2008
By David Badertscher, PLL
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Medical Malpractice
Tuesday, August 5, 2008
By Thomas A. Moore and Matthew Gaier
"Thomas A. Moore, senior partner of Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, review a case that may seem like a run-of-the-mill malpractice claim for failure to timely diagnose. However, defendants asserted that they could not be held liable because the plaintiff was a participant in a human research study regarding modes of diagnosis and therefore, the defendents asserted, there was no physician-patient relationship."
White-Collar Crime
By Robert G. Morvillo and Robert J. Anello
"Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that to increase the odds of preserving corporate clients' confidences and secrets, attorneys representing multinational clients or involved in multijurisdictional investigations need to be alert to some basic rules that courts are likely to employ in such situations when analyzing assertions of attorney-client privilege."
Tax Certiorari And Condemnation
Tuesday, August 5, 2008
By William D. Siegel and Saul R. Fenchel
"William D. Siegel and Saul R. Fenchel, members of Siegel Fenchel & Peddy and of counsel to Koeppel Martone & Leistman, review the preliminary report issued last month by the New York State Commission on Property Tax Relief, which found that the problem with the property tax is clearly that local government, especially school districts, spend too much money and that a cap on school tax increases should be imposed."
OUTSIDE COUNSEL:
Keeping Your Arbitration Agreements Enforceable
Tuesday, August 5, 2008
By Craig R. Tractenberg
"Craig R. Tractenberg, a partner at Nixon Peabody, writes that arbitration clauses do often provide speedier, less expensive and more predictable results than litigation, but overly aggressive drafting leads to unnecessary criticism to this time tested alternative to litigation. As various locales treat the clauses differently, nationwide drafting of such clauses requires awareness and sensitivity to the judicial and regulatory environment, as well as a modicum of restraint."
Technology Today
FOIL's Scope of the Privacy Exception
Tuesday, August 5, 2008
By David Bender
"David Bender, a solo practitioner in Dobbs Ferry, reviews the Court of Appeals decision in Data Tree v. Romaine, which clearly signaled that where the state raises the privacy exemption in the Freedom of Information Law, the burden is on the state to show that the exemption applies. The Court also clearly stated that, except as otherwise provided by statute, the requestor's motives are irrelevant."
Full post as published by New York Supreme Court Criminal Term Library on August 05, 2008 (boomark / email).
Dumb New York Laws
Stupid Laws in the Empire State
New York Building Codes
Building and constructions laws in New York
Transportation Equity Act for the 21st Century
TEA-21 - Plus Law 105-178
Selection of State Supreme Court Judges
How State Court Judges are Selected
New York Employment Law
alleged violations of New York employment law.
Aetna Settles with New York State for $20 Million
Oppenheimer ATM-Free New York Municipals
401(k) / ERISA Stock Fraud
Racketeering Class Action Filed on Behalf of Foreclosed New York State Homeowners
Racketeering Class Action Filed on Behalf of Foreclosed New York State Homeowners
New York City
Seniors' Centers Found to Have Exposed Asbestos-Pipe Insulation
New York, NY and the NYPD
alleging false arrest for violating an unconstitutional anti-loitering law.

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