Who was I trying to fool? I thought that I wouldn't take off this summer but, as you can see, the summer posts were scant. Substantive posts will resume in full force in September.
There's lots of interesting cases to discuss, so I'll see you then.
As you will see below, I am making more use for my photographs of New York courthouses. From time-to-time, I'll include pictures of a courthouse around New York state with its information. More importantly, I'll include a Google Map of the address. You can click on the "B" point of interest on each map and, by doing so, you'll be able to get driving directions to that courthouse.
I hope you find this feature useful.
I am proud to announce that there is a new legal variety podcast out -- The Slippery Slope. The podcast is a project by more former colleague, Professor Meredith Miller of Touro Law Center.
The United States Circuit Court of Appeals for the Second Circuit in Amalfitano v. Rosenberg certified the following two questions to the New York State Court of Appeals:
(1) Can a successful lawsuit for treble damages brought under N.Y. Jud. Law § 487 be based on an attempted but unsuccessful deceit upon a court by the defendant? and (2) In the course of such a lawsuit, may the costs of defending litigation instituted by a complaint containing a material misrepresentation of fact be treated as the proximate result of the misrepresentation if the court upon which the deceit was attempted at no time acted on the belief that the misrepresentation was true?
NYCL will keep you apprised on whether the Court accepts or rejects the certified questions.
I ran across this interesting press release on the New York Court of Appeals' recent Labor Law sec. 240 decision -- Sanatass et al., v Consolidated Investing Company, Inc.
A more detailed analysis of the decision will follow in the near future.
As Dave over at No-Fault Paradise pointed out earlier today, the New York Court of Appeals granted leave to appeal in LMK Psychological Servs. v. State Farm Mut. Auto. Ins. Co. Hopefully the Court will deal with both the attorney's fees and interest issue (see prior post here).
New York Civil Law will keep you apprised when the Court decides the appeal.
Because of upcoming projects and publications, I will be forced to post only once or twice a week this summer. I am hoping that post will be more frequent in September through the end of the year.
Back in 2005, the Appellate Division, Third Department in Elacqua v. Physicians' Reciprocal Insurers held that an insurer has a duty to inform its insured that he or she has the right to independent counsel paid for by the insurer where a matter concerns some covered causes of action and some that are not. The Third Department recently had a chance to address a slightly different issue in Elacqua II. The Third Department in Elacqua II held that the insurer's failure to inform the insureds that they had a right to select independent counsel of their choosing at defendant's expense pursuant to a company policy not to inform their insureds of that right constituted a deceptive practice under General Business Law sec. 349.
For the first time ever, the New York State Bar Association’s House of Delegates meeting, which is being held in Cooperstown this Saturday, June 21, starting at 8:30 a.m., will be broadcast live on the Association’s Web site. Interested members of the Association will be able to access the Webcast and watch the meeting as new President Bernice K. Leber (Arent Fox LLP) is sworn in and the House debates a full schedule of items of interest including reports from the Committee on Civil Rights, the Committee on Senior Lawyers and the Committee on Professional Discipline, as well as the Commercial and Federal Litigation Section report on electronic discovery.
The web cast will remain on the association’s site and be available for members to view at their convenience.
