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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Interest January 19, 2010
By David Badertscher, PLL
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APPELLATE DIVISION
FIRST DEPARTMENT
Employment
Free With Registration: Withholding Commissions After Termination Held a Violation of Implied Covenant of Good Faith
Arbeeny v. Kennedy Executive Search, Inc.
APPELLATE DIVISION
FIRST DEPARTMENT
Insurance Law
'Midland LAQ' Binding on Supreme Court; Ruling On Objections in Insurer's Liquidation Is Reversed
In re Liquidation of Midland Ins. Co. (American Standard Inc. v. Swiss Reinsurance America Corp.) NEW YORK COUNTY
Damages
Teacher Granted New Trial on Issue of Past Medical Expenses Unless Defendants Stipulate to Increase
Capshaw v. City of New YorkNEW YORK COUNTY
Alternative Dispute Resolution
Article 75 Special Proceeding Time-Barred; Teacher Failed to Comply With Procedural Requirements
Cruz v. New York City Dept. of EducationNEW YORK COUNTY
Administrative Law
Petitioner's Failure to Exhaust Administrative Remedies Bars Challenge to Agency's Decision
Matter of Gambino v. NYC Dept. of Consumer AffairsNEW YORK COUNTY
Alternative Dispute Resolution
Court Concludes That Issue of Who Held Money In Escrow Account to Be Resolved in Arbitration
Teletech Europe BV v. Essar Services MauritiusQUEENS COUNTY
Criminal Practice
Defendant's Execution of Waiver of Extradition Finalized Process; Withdrawal Is Denied
People v. FanningNASSAU COUNTY
Trusts and Estates
Court Rules Non-Marital Children Are Not Entitled to Any Rights Under After-Born Law
Estate of GilmoreU.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Counsel Re-Appointed; Notice Should Have Preceded Order Relieving Counsel as Sanction
United States v. FrankelU.S. COURT OF APPEALS, SECOND CIRCUIT
Legal Profession
Trial Record Did Not Support Champerty Finding In Suit on Assignment in Defaulted Mortgage Loan
Trust for Certificate Holders of Merrill Lynch Mortgage Investors Inc. v. Love Funding Corp.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Suit Dismissed for Failure to Prosecute Is Denied Re-Opening; 'Lewis' Factors Favor Dismissal
Lowery v. PetrusinoU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
'Brady' Violation Claims Rejected in Denial of New Trial To Executive Convicted Under SEC Fraud Charges
United States v. Kaiser
Full post as published by New York Supreme Court Criminal Term Library on January 19, 2010 (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

ABA IP Roundtables on Gene Patenting
Intellectual Property Issues in Business Transactions 2010
"Where's My Raise"--Webinair To Be Held January 27, 2010
In the January 2010 issue of ABA Journal magazine
COA 2010 Minutes: January 15, 2010 (Nos. 19-48)
Ind. Decisions - Transfer list for week ending January 15, 2010








