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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Interest September 30, 2009
By David Badertscher, PLL
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U.S. COURT OF APPEALS, SECOND CIRCUIT
Legal Profession
Free With Registration: Debevoise & Plimpton Is Reinstated as MetLife's Counsel in Case
In re MetLife Demutualization Litigation
APPELLATE DIVISION
FIRST DEPARTMENT
Contracts
$474,298 Judgment Enforcing Merger Pact's Terms Upheld; Only Unilateral, Not Mutual, Mistake Shown
Resort Sports Network Inc. v. PH Ventures III LLC NEW YORK COUNTY
Employment
Refusing to Employ Waitress Because of Accent May be Discrimination Based on Race, National Origin
Morales v. HT Rest NYC LLCBRONX COUNTY
Insurance Law
Plaintiff Fails to Explain Gap in Treatment; Summary Judgment Dismissing Action Granted
Santos v. WhiteKINGS COUNTY
Labor Law
Sur-Reply Impermissible Under CPLR 2214 But Still Within Court's Discretion to Be Considered
Avila v. City of New YorkKINGS COUNTY
Family Law
Agency's Petition to Terminate Father's Parental Rights Denied, Dismissed
Matter of Jayquan J.NASSAU COUNTY
Insurance Law
District Entitled to Complete Defense, May Be Entitled to Complete Indemnification in Action
Kenmore-Tonawanda U.F.S.D. v. Markel ins. Co.DUTCHESS COUNTY
Trusts and Estates
Attorney Ineligible to Seek Compensation For Actions Under Power of Attorney Void Ab Initio
Estate of Frank J. Sadlo Jr.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Allegedly Inculpatory Statement Not Waiver Of 'Miranda' Rights, Granted Suppression
United States v. RiveraU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Foreign Firm's Suit Against U.S. Multinational Over Brazilian Firm's Fertilizer Purchase Stays in District
Ancile Investment Co. Ltd. v. Archer Daniels Midland Co.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts
Pact's Express Terms Preclude Breach Claim; Good Faith Covenant Inconsistent With Bargained for Terms
The Merit Group LLC v. Sint Maarten Int'l Telecommunications Svces NVU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
Court Confirms $38 Million in Awards Granted Firm in Dispute Over Soybean Contracts' Breach
Bunge Agribusiness Singapore Pte. Ltd. v. San He Hope Full Grain Oil Foods Production Co. Ltd.
Full post as published by New York Supreme Court Criminal Term Library on September 30, 2009 (boomark / email).
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Health Insurers
Dictating Medical Decisions
$47.5 Million Settlement Approved for September 11 Plaintiffs
$47.5 Million Settlement Approved for September 11 Plaintiffs
New York Employment Law
alleged violations of New York employment law.
Stock Market Losses
alleging bad financial advice and conflicts of interest.
JP Morgan Chase & Co
Faces Lawsuit Over Hikes in Credit Card Interest Rate

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