Legal Research

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Eastern District Roundup
Friday, May 8, 2009
By Harvey M. Stone and Richard H. Dolan

"Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, review recent decisions in which Judge Jack B. Weinstein rejected the government's application to impose certain restrictive conditions on defendant during service of his sentence; Judge Joseph F. Bianco dismissed an indictment under the Speedy Trial Act, but without prejudice to reindictment; Judge Nicholas G. Garaufis denied British Airways' motion to dismiss a putative class action against it for reckless baggage handling; and Judge Dora L. Irizarry dealt with claims of quantum meruit and unfair competition in denying defendant's summary judgment motion in a suit by a poultry distributor against a poultry dealer."

Free With Registration: Mediation
Friday, May 8, 2009
By Abby Tolchinsky and Ellie Wertheim

"Abby Tolchinsky and Ellie Wertheim, partners at Family Mediation, write that New York's Foreclosure Prevention and Responsible Lending Act, while clearly intended to help homeowners remain in their homes, is, nevertheless, limited in scope. Most glaringly, it does not take into account the effect of increased unemployment or underemployment on a family's ability to meet once affordable mortgage payments. Indeed, while the Legislature set a noble goal (to wit, protecting those who signed a predatory loan on the dotted line), the legislation is more notable with today's hindsight for what is not addressed."

OUTSIDE COUNSEL:

Employee Free Choice Act: Reexamining Duty to Bargain
Friday, May 8, 2009
By Matthew T. Miklave

" Matthew T. Miklave, a shareholder with Epstein Becker & Green, writes that the Employee Free Choice Act's 'interest arbitration provisions,' which allow a contract to be imposed on the parties when a newly certified union and the employee's employer cannot reach agreement on an initial contract, warrant consideration separate from the rest of the Act. Permitting or requiring such interest arbitration may lead to a radical shift in settled law, with implications far beyond 'first' contracts. Adding to the confusion, the EFCA divests the National Labor Relations Board of its primary responsibility for applying 'the general provisions of the National Labor Relations Act to the complexities of industrial life.' "