New York

The New York Legal News Round Up

Posted on February 25, 2009
It's the middle of the week and time for the weekly round up of interesting New York law-related news headlines: Makowski resigns as State Supreme Court justice (Buffalo News) N.Y. Court Upholds Dismissal of 9/11 Defamation Lawsuit (Law.com) New York judge tosses shoe-hurl claim (Ithaca Journal) An Immigration Attorney Is Accused of Being a Fraud, and His Clients Scramble for Help (NY Times) Family sues NYC police over stun gun death (MSNBC) (This is a content summary only...

The High Cost of Lawyering

Posted on February 24, 2009
This week's Daily Record column is entitled "The high cost of lawyering." A pdf of the article can be found here and my past Daily Record articles can be accessed here.******The high cost of lawyering?Lawyers who work harder [to make partner, to earn more money], and then tell themselves they don?t have time now for family and friends, are on a very slippery slope...

The New York Legal Blog Round Up

Posted on February 23, 2009
It's a cold, cold Monday and time for the weekly round up of posts from my fellow New York law bloggers:Coverage Counsel: Roy's Rent-A-Car Juz the Fax: NYSDOL Approves Shared Work Program New York Attorney Malpractice Blog:Legal Malpractice in a Labor Law Setting New York Criminal Defense: Important Case on Requirement that Court Inform Defendant of Mandatory Consecutive Nature of Sentence New York Injury Cases Blog: Leg Fracture Verdicts for Pain and Suffering in New York Injury Cases Upheld on Appeal for $1,100,000 and $1,500,000 Second Opinions: Collapse (This is a content summary only...

Define That Term #312

Posted on February 22, 2009
The most recent term was Feres Doctrine, which is defined as:A legal doctrine that prevents people who are injured as a result of military service from successfully suing the federal government under the Federal Tort Claims Act. The doctrine comes from the U...

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The New York Legal News Round Up

Posted on February 18, 2009
It's time for the weekly round up of New York law-related headlines: Injured NY policeman wins $3.16 million verdict (Lawyers USA) N.Y. High Court: Lawyer Subject to Treble Damages for Attempt to Deceive Court (National Law Journal) Kaye, Ex-Chief Judge in New York, Joins Skadden, Arps(NY Times) UPDATE: Appeals Court Upholds NYC's Calorie Posting Rules (CNN Money) Ex-Atty...

The New York Legal Blog Round Up

Posted on February 17, 2009
It's time, once again, for the weekly round up of blog posts from my fellow New York law bloggers:The Buffalo Lawyer: 4th Dep't addresses course of performance Coverage Counsel: Oh, Won't You Stay...Just a Little Bit Longer...Please, Please, Please.....

New York Legal News Round Up

Posted on February 11, 2009
It's time for the weekly round up of New York law-related news headlines: Fried, Frank Associate Files Complaint Alleging Anti-Gay Discrimination (AmLawDaily) New York Law Firm Launches 60-Minute Divorce (PR Web) NY Judge: Companies Must Contract For 'Unique' Visitors (MediaPost) Carnival Cruise Company Held Liable for Hundreds of Unwanted Faxes (National Law Journal) Chief Judge Nominee Draws on Administrative Skill (NY Times) (This is a content summary only...

Are Social and Professional Networking Mutually Exclusive?

Posted on February 10, 2009
This week's Daily Record column is entitled "Are Social and Professional Networking Mutually Exclusive?" A pdf of the article can be found here and my past Daily Record articles can be accessed here.******Are Social and Professional Networking Mutually Exclusive?Last week I attended the LegalTech conference in New York City...

The New York Legal Blog Round Up

Posted on February 09, 2009
It's Monday and time for the weekly round up of posts from my fellow New York legal bloggers:Coverage Counsel: Spray Painting Operations and Work Product Exclusions Held Not to Negate Liabilty Coverage for Subrogation Suit New York Criminal Defense Blog: Name That Tune New York Injury Cases Blog: Hip and Pelvis Injuries - Pain and Suffering Verdicts and Settlements Vary Widely in New York New York Public Personnel Law Blog: Appealing an administrative decision as provided in a CBA does not toll the Statute of Limitations for filing an Article 78 action Rochester Family Lawyer: Recent Amendment to Domestic Relations...

Define That Term #311

Posted on February 08, 2009
The most recent term was pur autre vie, which is defined as:Legal French meaning "for another's life." It is a phrase used to describe the duration of a property interest. For example, if Bob is given use of the family house for as long as his mother lives, he has possession of the house pur autre vie...

The New York Legal News Round Up

Posted on February 05, 2009
Now that I'm back from LegalTech New York, where a great time was had by all, it's time for the belated New York law-related legal news round up: New York should recognize out-of- state gay marriages, judge sez (NY Daily News) Lehman bankruptcy judge charged with assaulting wife (Reuters) Arthur Nadel, Florida Fund Manager, Is Sent to New York Court (Bloomberg) Trial for NYC doctor accused in murder-for-hire (AP) Split 2nd Circuit Revives Nigerian Families' Claims Against Pfizer (Law...

Passengers Beware: You Can Be Frisked

Posted on February 03, 2009
This week's Daily Record column is entitled "Passengers Beware: You Can Be Frisked." A pdf of the article can be found here and my past Daily Record articles can be accessed here.******Passengers Beware: You Can Be FriskedIn Arizona v. Johnson, No. 07-1122, the U...

The New York Legal Blog Round Up

Posted on February 02, 2009
Today's round up will be short and sweet since I have a lot to do to prepare for my trip to NYC tomorrow. I'll be at LegalTech New York. Let me know if you'll be there as well!And now for the round up of posts from my fellow New York legal bloggers:Coverage Counsel: Miscarriage of One-Week Pregnancy Found to Be a "Loss of a Fetus" and Constitute a "Serious Injury" Under New York Insurance Law § 5102 New York Civil Law: Appellate Division, Third Department Applies Arons v...

New Procedure for Appeals in Second Circuit

Posted on January 29, 2009
The United States Court of Appeals for the Second Circuit recently announced that it has adopted some changes in regard to appeals. The notice is set forth below:UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT 212.857.8585 DENNIS JACOBS CATHERINE O?HAGAN WOLFE CHIEF JUDGE CLERK OF COURT Notice to the Criminal Law Bar Beginning January 15, 2009, the Court will adopt a new procedure for setting the deadlines for filing briefs in all criminal appeals...

The New York Legal News Round Up

Posted on January 28, 2009
It's a cold, snowy Wednesday and time for the weekly round up of law-related news headlines: Brooklyn man run over by cop is awarded $4.6 million (Newsday) Big jury paydays for 2 injured ex-cops Daily News) State judge throws out Rockland's housing law for sex offenders (loHud...

Carelessness Trumps the Exclusionary Rule

Posted on January 27, 2009
This week's Daily Record column is entitled "Carelessness Trumps the Exclusionary Rule." A pdf of the article can be found here and my past Daily Record articles can be accessed here.******Carelessness Trumps the Exclusionary RuleIn February 2008, I wrote an column about the U...

The New York Legal Blog Round Up

Posted on January 26, 2009
It's Monday and time for the weekly round up of interesting posts from my fellow New York law bloggers:Coverage Counsel: NY PIP Intercompany Arbitration Rule Revisions -- Effective February 1, 2009 New York Attorney Malpractice Blog:What's Worse than Legal Malpractice? Arrest New York Civil Law: Appellate Division, Third Department Applies Arons v...

New York Lawyer Advertising Rules Appellate Argument

Posted on January 25, 2009
Last week, the Second Circuit heard arguments in the State's appeal of NDNY's Judge Scullin's ruling that 4 of the previously enacted provisions regarding lawyer advertising were unenforceable.A summary of Judge Scullin's prior ruling can be found in this prior blog post...

Define That Term #310

Posted on January 25, 2009
Last week's term was G.A.T.T., which is defined as:General Agreement on Tariffs and Trade-A comprehensive free-trade treaty signed in 1947 by 117 nations, including almost every developed country. The goal of GATT has been to promote global economic growth by encouraging and regulating world trade...

Medicaid Figures for 2009

Posted on January 22, 2009
Note: I am posting the new Medicaid figures for 2009. The most significant changes are in the individual resource allowance (now $13,800) and in the community spouse's MMMNA (now $2,739). Chronic Care Medicaid Minimum Community Spouse Resource Allowance: $74,820 Maximum Community Spouse Resource Allowance: $109,560 Resource Allowance for Individual: $13,800 Community Spouse Minimum Monthly Maintenance Needs Allowance(MMMNA): $2,739 Family Member Allowance - Other Eligible Persons - Spousal Impoverishment Situations: $584 Community Medicaid and SSI-Related Medicaid Medicaid Only - Monthly - One Person SSI Income Standards - Medicaid Standard: $761 SSI Resource Standards - Individual: $2,000-Authored by Elizabeth Randisi, a Rochester,...

The New York Legal News Round Up

Posted on January 21, 2009
It's the middle of the week-but the beginning of a new era-and time for the weekly round up of law-related New York news headlines:Columbia Law School Uncovers $3 Million Loss Related to Madoff (Bloomberg.com) U.S. seeks to keep NY lawyer Dreier jailed pre-trial (Reuters) U...

My Newest Blog-Legal Tweets

Posted on January 21, 2009
I've started a new blog called Legal Tweets, which covers legal topics trending on Twitter, the micro-blogging service that many lawyers have joined in recent months.Check it out and tell all your friends! (This is a content summary only. If you're reading this anywhere other than an RSS reader, the content has been lifted...

The New York Legal Blog Round Up

Posted on January 20, 2009
It's the first day of President Obama's presidency and time for the weekly round up of posts from my fellow New York law bloggers:Coverage Counsel: Defensive Bear Hugging is Covered New York Civil Law: New York Court of Appeals Grants Leave to Appeal on Scaffold Law Issuest New York Personal Injury Law Blog: We Have A Winner! (Lawyer Soliciting Airline Victim Department) New York Public Personnel Law: Legislature?s enactment of a statute directing the State Comptroller to audit charter schools Constitutional No-Fault Paradise: New York's New Prejudice Rule -- One For No-Fault In The Future? Rochester Family Lawyer: Basics of...

Define that term #309

Posted on January 18, 2009
Last week's term was carryover basis, which is defined as:The tax basis of someone who receives a gift. The recipient's basis is the same as the giver's; it simply "carries over" when the gift is made. Edward Wiest got it right!Today's term is:G.A.T.T...

Come Learn With Me at Solo Practice University

Posted on January 15, 2009
I'm thrilled to announce that I've joined the faculty at Solo Practice University?, a web-based educational community that will help you learn about the one thing that most law schools fail to teach: the "practice of law." At Solo Practice University? I'll be teaching a course about web productivity and organization for lawyers...

The New York Legal News Round Up

Posted on January 14, 2009
For your reading enjoyment, law-related headlines from the past week: New York judge OKs Amazon Tax (ChannelRegister) Lippman to be named new chief judge (Times Union) New York Judge Tosses Out Term Limits Challenge (MyFoxNY) New York Knick Eddy Curry Named in 'Gay Sex' Lawsuit (FoxNews) Health insurer settles with N...

Technology (already) Invades the Courtroom

Posted on January 13, 2009
This week's Daily Record column is entitled "Technology (already) invades the courtroom." A pdf of the article can be found here and my past Daily Record articles can be accessed here.******Technology (already) invades the courtroomI?ve said it before and I?ll say it again: The times they are a-Tech- nological advancements are affecting courtrooms across the country, much to the consternation of many in the legal profession who staunchly resist technological change...

The New York Legal Blog Round Up

Posted on January 12, 2009
It's a cold, cold Monday and time for the weekly round up of posts from my fellow New York law bloggers:Coverage Counsel: Court Rules that DME Provider's Illegal Billing Is Excused by No-Fault Insurer's Untimely Denial New York Criminal Defense Blog: CJI Charge on Robbery in the First Degree Fails to Alert Jury of Requirement of Actual Possession New York Federal Criminal Practice: EDNY Judge Finds Violation of Supervised Release in Sex Offender Case Where Defendant Refrained from Participating in Treatment in "Meaningful Manner" New York Public Personnel Law: Unit member alleges gender discrimination by her union after it declined...

Define That Term #208

Posted on January 11, 2009
Last week's term was volenti non fit injuria, which is defined as:Latin for "to a willing person, no injury is done." This doctrine holds that a person who knowingly and willingly puts himself in a dangerous situation cannot sue for any resulting injuries...

The New York Legal News Round Up

Posted on January 07, 2009
It's a gray, slushy, icy day here in Rochester, and time for the weekly round up of legal news headlines from the past week: Disbarred Lawyer Faces Criminal Charges for Still Practicing (NY Law Journal) Model Liskula Cohen sues Google for 'skank', 'old hag' slur (News...

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