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Legal Research

: New York Supreme Court Criminal Term Library

LAW.COM Newswire Highlights January 4, 2010

By David Badertscher, PLL

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If you are already an online subscriber to the LAW.COM service you should be able to click on any of the links below, sign in, and access the full text of all articles listed. A subscription to LAW.COM is needed for online access to this service.

Boutiques Slicing Into Big Firms' Pie

New York Law Journal

With clients under increasing pressure to manage costs and large firms favoring institutional clients in potential conflicts, dozens of boutiques have popped up offering sophisticated legal expertise at reasonable costs to clients large and small. Chaffetz Lindsey was just one of many boutiques that former big law firm partners opened in the last year. While it is too soon to measure their firm's success, the five partners who departed Clifford Chance say their gamble is working out better than expected.

Judge Slams DOJ Prosecutors, Dismisses Blackwater Charges

The Associated Press

A federal judge dismissed all charges Thursday against five Blackwater Worldwide security guards accused of killing unarmed Iraqi civilians in a crowded Baghdad intersection in 2007. Judge Ricardo Urbina said the prosecutors ignored the advice of senior Justice Department officials and improperly built their case on sworn statements that had been given under a promise of immunity. Urbina said the government's explanations were "contradictory, unbelievable and lacking in credibility."

Calif. Judge Said to Be on Short List for Federal Circuit

The Recorder

Will Silicon Valley finally get a judge on the high court of patent law? San Jose, Calif.-based federal Judge Jeremy Fogel is on the White House short list for the open spot on the Federal Circuit, according to a person briefed on the matter. Although there is a movement to get a district court judge on the Federal Circuit, it may not be easy for Fogel to get nominated, given the other contenders and competing interests.

Courts Operating Soundly, Chief Justice Says in Year-End Report

The National Law Journal

In his year-end report on the federal judiciary, Chief Justice John Roberts Jr. refrained from prior years' calls for judicial pay raises. Roberts acknowledged the departure, writing that "when the political branches are faced with so many difficult issues, and when so many of our fellow citizens have been touched by hardship, the public might welcome a year-end report limited to what is essential: The courts are operating soundly, and the nation's dedicated federal judges are conscientiously discharging their duties."

Shartsis Sues Client, Gets Quick Response

The Recorder

Shartsis Friese had barely filed a complaint to recover more than $11 million in fees from a longtime client for which it had won a $101 million settlement when an e-mail arrived announcing that a check's in the mail. Not for all of the money, mind you -- but about two-thirds of it. "I consider it a nice deposit," Shartis partner Arthur Shartsis said. "We're sort of working our way toward getting paid."

Pretzel Company's Owners Allege Tax Lawyer Got Lost in Twists of IP Law

New Jersey Law Journal

Bernard Eizen's Web site bills him as a "renaissance" lawyer, but the tax and estates attorney may have bitten off more than he could chew when he ventured into the realm of intellectual property. That's the nub of a malpractice suit by former clients, who allege that Eizen's inexperience in IP law dealt such a blow to their thriving pretzel company's worth that negotiations to sell it for as much as $100 million crumbled.

Major Legal Changes Ahead for California Minors

The Recorder

A new set of court rules that go into effect in California in the New Year offer some of the most significant changes in the field of minors' personal injury claims in years, lawyers on both sides of the issue say. The rules, the product of two years of negotiation among the plaintiffs bar, defense counsel and judges, address the complex and confusing area of law known as minor's compromise.

No Immunity for SPCA Over Woman's 12 Euthanized Dogs, Pa. High Court Says

The Legal Intelligencer

The Pennsylvania Supreme Court has ruled that the Society for the Prevention of Cruelty to Animals of Pennsylvania is not entitled to sovereign or governmental immunity, clearing the path for a lawsuit filed by a woman whose 12 dogs the agency euthanized in 1999. In a concurring opinion, Justice Thomas G. Saylor said he disagreed with the majority's suggestion that in order to be a commonwealth agency, an entity cannot have the capacity to sue and be sued.

Judge's Pay Revoked Following Guilty Plea

The Legal Intelligencer

The Pennsylvania Supreme Court revoked a Luzerne County judge's pay and benefits last week, following his guilty plea to honest services fraud and filing a false tax return. Michael T. Toole, who is the third Luzerne County judge to be removed from office in the wake of a federal corruption probe, had been permitted to remain on the judicial payroll until he formally entered his guilty plea. He is the second judge from the county to be stripped of pay and benefits by the high court.

Maryland Puts Off Surgery Requirement for Gender Changes on Driver's Licenses

The Associated Press

Maryland's Motor Vehicle Administration said last week it has halted, at least temporarily, a planned policy change that would have forced people living as the opposite sex to get transgender surgery before they could change the gender on their driver's licenses. The dispute mirrors a debate simmering in many states, partly as a result of the federal Real ID Act, an anti-terrorism measure that can require a license to match a related birth certificate, Social Security number and immigration status.

National 'Road Dawgs' Group Puts the Bite on N.Y. Motorcycle Fans

New York Law Journal

A federal judge has ordered a Syracuse, N.Y., motorcycle club's members to stop calling themselves "Road Dawgs" and to cover up their pit-bull logo. The ruling came in a trademark dispute with a national club with the same name comprised of motorcycle aficionados from the law enforcement community. The judge agreed with the Road Dawgs Motorcycle Club of the United States that the activities of the 'Cuse Road Dawgs could cause confusion and unfairly cast a bad light on the national organization.

TSA Backs Off Demand to Blogger for Source of Leaked Security Directive

The Associated Press

The Transportation Security Administration backed down Thursday from its demand that a travel blogger immediately provide information on how he obtained an airline security directive that followed a Christmas Day attack on a Detroit-bound airliner. The writer's attorney said the TSA extended the response period -- originally set to end Dec. 31 -- through Jan. 20. The attorney now has the option of challenging the administrative subpoena in federal court or negotiating a settlement with the TSA.

A New Year's Resolution for Lawyers

Special to Law.com

Think about the lawyers whose conduct appears to be "on the edge" but who are nonetheless largely ignored. Should questions arise about our own conduct precisely because of such willingness to let our colleagues' behavior go unchecked? The longer we avoid such questions, the more we place at risk our collective professional reputation, write Joel Cohen and Katherine Helm.

Companies in Hot Seat as Courts Advance Climate-Change Claims

Special to Law.com

Attorneys Mary T. Yelenick, Thomas J. McCormack and Andrew A. Giaccia examine three important court rulings handed down in recent weeks regarding claims for harm alleged to have resulted from "climate change" caused by private companies' carbon emissions. The rulings -- two by federal courts of appeals -- raise potentially troubling issues for, and may signal a new era of litigation against, generators of carbon emissions.

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Full post as published by New York Supreme Court Criminal Term Library on January 04, 2010 (boomark / email).

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