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: New York Supreme Court Criminal Term Library

New York Law Journal Decisions of Interest March 3, 2009

By David Badertscher, PLL

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U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Application Note Clarified Scope of Guidelines Increase; Ex Post Facto Clause Not Implicated
United States, appellee v. Douglas P. Johnson, defendant-appellant

NEW YORK COUNTY
Contracts
Broker Granted Order of Protection Prohibiting Duplication of Records, Books by Discovery
The American Legion v. Seabury and Smith Inc.

KINGS COUNTY
Civil Practice
Free With Registration: Collateral Attack on Underlying Judgment Impermissible; Subpoena on Non-Party Quashed
Luscher v. One Beacon Ins. Group

RICHMOND COUNTY
Health Law
Probable Cause, Not Clear and Convincing Evidence Standard Applicable at Hearing
Matter of State of New York v. Sanchez

NASSAU COUNTY
Family Law
Husband's Motion For Compensation For Donated Kidney to Estranged Wife Denied
Batista v. Batista

WESTCHESTER COUNTY
Administrative Law
Petitioners Granted Review of Sewage Rates By ISW, Fixed by Town Pursuant to TCL §121
Matter of Home Depot USA Inc. v. Town Board, Town of Southeast

ORANGE COUNTY
Contracts
Buyer Bears Risk of Loss at Time of Auction; Court Denies Voiding Foreclosure Sale, Abatement
U.S. Bank NA v. Cedeno

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts
Allegedly False Statements Did Not Support Fraudulent Inducement Claim, Meet FRCP 9(b)
Global Energy and Management LLC v. Xethanol Corp.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights
Relator Granted Partial Judgment on FCA Claim Against County; Claim's Knowledge Element Not Met
United States ex rel. Anti-Discrimination Center of Metro New York Inc. v. Westchester County, New York

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Legal Profession
Free With Registration: Malpractice Claim Precluded by Ruling Law Firm Entitled to Full Fee in Shareholder Derivative Suit
Margrabe v. Sexter & Warmflash PC

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Products Liability
Fact Issues Remain Whether Cause of Injuries Could Be 'Ascertained' Before March 2002
In re: Ephedra Products Liability Litigation

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Products Liability
Taxi Operators' Suit Arising Over Unsatisfactory Repairs to Wheelchair Accessible Cabs Dismissed
Freidman v. General Motors Corp.

 

Full post as published by New York Supreme Court Criminal Term Library on March 03, 2009 (boomark / email).