Legal Research

New York Law Journal Decisions of Interest July 3, 2008

By David Badertscher, PLL

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U.S. COURT OF APPEALS, SECOND CIRCUIT
Business Law
Pleading Requirements for Individual Scienter In Securities Fraud Class Actions Clarified
Teamsters Local 445 Freight Division Pension Fund, plaintiff-appellee v. Dynex Capital Inc., defendants-appellants

NEW YORK COUNTY
Business Law
Verdict Imposing Alter Ego Liability Set Aside; Court Orders New Trial on The Issue
Fantazia International v. CPL Furs New York Inc.

KINGS COUNTY
Criminal Practice
Pretextual Stop Characterized as 'Bicycling While Black;' Weapon Suppressed From Improper Pursuit
People v. Garry Michael Lopez

KINGS COUNTY
Civil Practice
Court Refuses to Set Aside Jury Verdict; Finding Not Inconsistent or Against Weight of Evidence
Solis-Vicuna v. Notias

KINGS COUNTY
Contracts
Defendant Denied Reargument; Breach Of Contract Claim Not Time-Barred, Dismissal Denied
Dialcom LLC v. AT&T Corp.

NASSAU COUNTY
Contracts
Applying Kansas Law, Court Grants Summary Judgment On Breach of Lease, Guaranty Action
Sunbridge Capital Inc. v. G Bon Funding Corp.

ROCKLAND COUNTY
Criminal Practice

People v. Yoel Oberlander

U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Death Penalty Foe Removed From Jury But Sentence For Murder During Carjacking, Kidnapping Upheld
United States v. Donald Fell

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Claims Challenging 9/11 Report Dismissed; Conspiracy Allegations Failed to State Claim
Wood v. Applied Research Associates Inc.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
National Futures Association Arbitration Claim Must Be Withdrawn; NYMEX Rules Govern Dispute
Carboni v. Lake

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights
False Arrest Suit Dismissed; Probable Cause for Arrest Due to Warrant for Man With Same Name, Birth Date
Martinez v. City of New York

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Certification Recommended for FLSA Collective Action of Assistant Store Manager's Overtime Claim
Francis v. A&E Stores Inc.

Full post as published by New York Supreme Court Criminal Term Library on July 03, 2008 (boomark / email).