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: New York Supreme Court Criminal Term Library

New York Law Journal Featured Columnists December 4, 2008

By David Badertscher, PLL

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If you are already an online subscriber to the New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed. <a href="http://www.nylj.com" target="_blank">http://www.nylj.com</a> Subscription required for online access unless otherwise noted: <a href="http://alm.rsys1.net/servlet/cc6?HtuYQSRDRUQSVKIHKLjlkxJhmjlkQklHlLQgPQmkVaVSS" target="_blank">Employment Law</a> Thursday, December 4, 2008 By Jeffrey S. Klein and Nicholas J. Pappas "Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, review Guyden v. Aetna Inc., where the Second Circuit recently decided that employee whistleblower claims brought under the Sarbanes-Oxley Act of 2002 are arbitrable and upheld several commonplace limitations in Aetna's arbitration agreement as valid limitations that did not prevent the employee from enforcing her statutory rights. " <a href="http://alm.rsys1.net/servlet/cc6?HtuYQSRDRUQSVKIHKLjlkxJhmjlkQklHlLQgPQmkVaVST" target="_blank">Southern District Civil Practice Roundup</a> Thursday, December 4, 2008 By Edward M. Spiro and Judith L. Mogul "Edward M. Spiro and Judith L. Mogul, principals of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that in at least two recent cases, companies under investigation by the attorney general have sought to challenge the constitutionality of those investigations in federal court - raising the question as to the proper role, if any, that federal courts should play in entertaining constitutional challenges to state investigations." OUTSIDE COUNSEL: <a href="http://alm.rsys1.net/servlet/cc6?HtuYQSRDRUQSVKIHKLjlkxJhmjlkQklHlLQgPQmkVaVSC" target="_blank">Burden of Proof for N.Y. Punitive Damages? See Appellate Divisions</a> Thursday, December 4, 2008 By Leon D. Lazer and John R. Higgitt "Leon D. Lazer, a retired associate justice of the Appellate Division, Second Department and professor of law at Touro College Jacob D. Fuchsberg Law Center, and John R. Higgitt, law clerk to associate justice James M. McGuire of the First Department and an adjunct assistant professor of law at Benjamin N. Cardozo School of Law, write that whether the burden of proof for establishing an award of punitive damages is "preponderance of the evidence," the general evidentiary standard of proof in civil actions, or "clear and convincing evidence," the heightened standard of proof that applies to certain issues in civil actions, remains mired in disagreement between the upstate and downstate departments of the Appellate Division. " CORPORATE UPDATE: <a href="http://alm.rsys1.net/servlet/cc6?HtuYQSRDRUQSVKIHKLjlkxJhmjlkQklHlLQgPQmkVaVTT" target="_blank">Judge Denies Claim of 'Law Office Failure,' Refuses to Vacate $265 Million Default</a> Thursday, December 4, 2008 By Kate Fazzini "Supreme Court Justice Walter B. Tolub has refused to lift a hefty default judgment against a group of individual and corporate investors in a 16-year dispute over repayment of a loan used to develop Manhattan's Flatotel hotel. The investors plan to appeal, according to David S. Pegno of Dewey Pegno & Kramarsky, counsel for developer Leon Cohen and his parents, Maurice Cohen and Sonia Cohen, who are among the defendants."

Full post as published by New York Supreme Court Criminal Term Library on December 04, 2008 (boomark / email).