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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Interest April 30, 2009
By David Badertscher, PLL
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U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Defendant Lacks Sixth Amendment Right to Jury Instruction on Mandatory Minimum Sentence
United States, appellee-cross-appellant v. Pietro Polouizzi, defendant-appellant-cross-appellee
NEW YORK COUNTY
Contracts
Service Mark Is a Root, Not Derivation; Injunctive Relief Is Denied
Zvue Corp. v. Bauman NEW YORK COUNTY
Legal Profession
Lack of Attorney-Client Relationship Dismisses Legal Malpractice Suit Against Attorney
Damone v. LevyBRONX COUNTY
Criminal Practice
Court Finds Knife Charge Is Not Based On Probable Cause; Plea Is Vacated
Matter of Defina v. NYS Division of ParoleBRONX COUNTY
Torts
Expert's Opinion on 'Serious Injury' Is Not Clearly Sufficient
Nathaniel v. CaceresdepallaresNASSAU COUNTY
Insurance Law
Court Rules Peer Review Report From Insurance Doctor Is Inadequate
Elmont Open MRI & Diagnostic Radiology v. Progressive Cas. Ins. Co.SUFFOLK COUNTY
Contracts
Court Concludes Terms, Conditions on Back Of Contract Are Void, Unenforceable
Winter Bros. Recycling Corp. v. Barry Imports East Corp.APPELLATE DIVISION
THIRD DEPARTMENT
Civil Practice
Panel Upholds Answer's Strike as Sanction For Noncompliance With Discovery Demands
Olmsted v. Pizza Hut of America Inc.U.S. COURT OF APPEALS, SECOND CIRCUIT
Civil Practice
Panel Rules as to Non-Lawyer's Representation Of Incompetent, as Guardian, Without Counsel
Berrios v. New York City Housing AuthorityU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Personal Property
Court Holds Jurisdiction But Claim Not Stated In Action on Painting's Conversion, Ownership
Brown v. Mitchell-Innes & Nash Inc.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Infringement Claim's Dismissal Recommended; Issue Exists on Claim of Fraud on Copyright Office
Kwan v. SchleinU.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice
Court Adheres to Order Preventing Connecticut From Seeking Certain Relief on Zyprexa Claims
State of Connecticut v. Eli Lilly & Co.
Full post as published by New York Supreme Court Criminal Term Library on April 30, 2009 (boomark / email).
Dumb New York Laws
Stupid Laws in the Empire State
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
New York Building Codes
Building and constructions laws in New York
Selection of State Supreme Court Judges
How State Court Judges are Selected
Health Insurers
Dictating Medical Decisions
New York Employment Law
alleged violations of New York employment law.
Stock Market Losses
alleging bad financial advice and conflicts of interest.
JP Morgan Chase & Co
Faces Lawsuit Over Hikes in Credit Card Interest Rate
Aetna Settles with New York State for $20 Million
Oppenheimer ATM-Free New York Municipals
401(k) / ERISA Stock Fraud

New York Adopts ABA Model Rules Effective April 1, 2009
Save the Date - Journal of Private International Law Conference 2009
Programme and Booking for the Journal of Private International Law Conference 2009 at NYU
Countdown to National Healthcare Decisions Day
'Information Commissioner & Tribunal Decisions' courses
Ind. Decisions - More on: Transfer list for week ending April 9, 2009







