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New York Law Journal: Featured Columnists April 29, 2009

By David Badertscher, PLL

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http://www.nylj.com

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No-Fault Insurance Wrap-Up
Wednesday, April 29, 2009
By David M. Barshay and David M. Gottlieb

"David M. Barshay, a partner at Baker, Sanders, Barshay, Grossman, Fass, Muhlstock and Neuwirth, and David M. Gottlieb, an associate with the firm, write: The Court of Appeals' much-anticipated decision in LMK Psychological Services, P.C. v. State Farm Mut. Auto. Ins. Co. was handed down April 2, 2009. As practitioners in this area of law are well-aware, LMK concerned a dispute as to how interest and attorney's fees are calculated after a claimant's successful prosecution of a lawsuit or arbitration for the recovery of no-fault insurance benefits. Given that it is probably the most significant case concerning no-fault law in more than 10 years, a detailed examination of the case and its holdings, as well as the lower court opinions in which the issues addressed in LMK initially surfaced, is warranted."

Condemnation and Tax Certiorari
Wednesday, April 29, 2009
By M. Robert Goldstein and Michael Rikon

"M. Robert Goldstein and Michael Rikon, partners of Goldstein, Goldstein, Rikon & Gottlieb, take a second look at questions raised by a recent Court of Appeals ruling which noted that there was a more recent fourth test of what constituted a compensable trade fixture, i.e., substantial loss of value on removal, than the traditional three noted in the case law and cited in its earlier Rose decision. "

outside counsel:

Free With Registration: Pandemic Preparation For New York Workplaces
Wednesday, April 29, 2009
By David Wirtz

"David Wirtz, a partner at Littler Mendelson, asks in light of recent headlines on a swine flu outbreak: Is the risk of a pandemic illness significant enough to merit the devotion o' time and resources necessary to secure the continuity of business operations? The answer is "yes.' Does the employer have a role in promoting quarantine effectiveness, social distancing or preventative hygiene? Again, the answer is 'yes.' " 

REAL ESTATE TRENDS:

Stimulus Efforts
Wednesday, April 29, 2009
By Mitchell L. Berg and Peter E. Fisch

"Mitchell L. Berg and Peter E. Fisch, partners at Paul, Weiss, Rifkind, Wharton & Garrison, untangle the latest serving of governmental alphabet soup and outline the principal terms of Term Asset-Backed Securities Loan Facility ('TALF'), as it will ultimately relate to certain residential mortgage-backed securities ("RMBS") and commercial mortgage-backed securities ('CMBS'), and the Public-Private Investment Program ('PPIP')."

Full post as published by New York Supreme Court Criminal Term Library on April 29, 2009 (boomark / email).