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Sui Generis 

Your online source for commentary on recent decisions and issues of interest to New York civil litigators and criminal defense attorneys in the Fourth Department and beyond.
Post Frequency: 8.1/day Last Entry: March 28, 2011 at 21:39:02 Recent Entries: 717
By Nicole Black, Esq.
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Define That Term #297
Posted on October 05, 2008The most recent term was nulla bona, which is defined as:Latin for "no goods." This is what the sheriff writes when she can find no property to seize in order to pay off a court judgment. No one guessed this time around. Today's term is: ipse dixit. As always, no dictionaries, please...
Organize your law practice, and your life, online
Posted on October 02, 2008This week's Daily Record column is entitled "Very Nice: Borat Takes Glorious Victory in Federal Court." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Organize your law practice, and your life, online A few weeks ago I encouraged you to explore...
The New York Legal News Round Up
Posted on October 01, 2008The 2007-08 update for my West book, Criminal Law in New York, is in, and it's back to business as usual here at Sui Generis. It's Wednesday, and, of course, time for the weekly round up of New York law-related headlines from the past week: Top New York law firm recruits real Erin Brockovich made...
Up Against a Deadline
Posted on September 21, 2008I apologize, but I'm going to have to take one week off in order to meet a few rapidly approaching deadlines, including the deadline for the update for the West treatise that I co-author: Criminal Law in New York, 4th. Blogging will resume during the last week of September...
The New York Legal News Round Up
Posted on September 17, 2008It's Wednesday, and time for the weekly round up of New York law-related headlines: NY Judge: Nixon Peabody Didn't 'Steal' Taylor Wessing Partners (AmLaw Daily) Lehman Bankruptcy Sees New Judge Face Veteran Lawyers (Bloomberg.com) New York Hospital to Pay $89 Million to Settle Fraud Claims...
Apologies to My RSS Feed Subscribers
Posted on September 16, 2008I apologize to my many RSS feed subscribers for the now-shortened RSS feed posts and for the lengthy message following each post. However, I had to to make a few changes to protect my blog content. It seems that this joker, Michael Rehm, a Legal Aid attorney in New York City, was posting my content...
Very Very Nice: Borat Takes Glorious Victory in Federal Court
Posted on September 16, 2008This week's Daily Record column is entitled "Very Nice: Borat Takes Glorious Victory in Federal Court." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Very Nice: Borat Takes Glorious Victory in Federal Court ?[T]he movie employs as its chief...
The New York Legal Blog Round Up
Posted on September 15, 2008It's Monday, and a mellowed out Ike has now left the building here in Rochester, leaving minimal damage in its wake. And, or course, it's time for the weekly round up of interesting posts from my fellow New York blawgers: The Buffalo Lawyer: Municipalities may sue under RICO Coverage Counsel: The...
Define That Term #296
Posted on September 14, 2008Last week's term was novation, which is defined as:The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original parties. Edward Wiest got it right! Today's term is: nulla bona...
The New York Legal News Round Up
Posted on September 10, 2008It's already the middle of the week and time for the round up of New York law-related headlines from the past week: Fighting for the Right to Drink Beer on His Stoop (NY Times) Three More Borat Complaints Tossed (E Online) Harry Potter copycat loses US courtcase (AFP) Lawsuit: Hybrid taxis couldn't handle NYC streets (AP) 2003 New York Ferry Crash Victim Gets Almost $23 Million Compensation (AHN) New York Man Sues Airline for Allegedly Losing Wife's Corpse (Fox)
Of Mountains and Molehills
Posted on September 09, 2008This week's Daily Record column is entitled "Of Mountains and Molehills." My past Daily Record articles can be accessed here. ****** Of mountains and molehillsThe difference between a mountain and a molehill is your perspective. -Al Neuharth Although this is an op-ed column, I tend to avoid writing about politics, if only for the simple fact that I prefer to write about less contentious, law-related issues...
The New York Legal Blog Round Up
Posted on September 08, 2008It's time for the weekly round up of interesting posts from my fellow New York law bloggers: Coverage Counsel: SUM claim arbritration not barred by res judicata or collateral estoppel Juz the Fax: New York's WARN Act New York Civil Law: New York Court of Appeals Will Address Labor Law sec...
Define That Term #295
Posted on September 07, 2008Last week's term was Sunshine laws, which is defined as:Statutes that provide public access to governmental agency meetings and records. Roy Mura of the Coverage Counsel blog sent me an email with this guess--and got it right!Sunshine laws = Freedom of Information Laws or FOIL statutes that provide access to ?public records?, usually from municipal entities...
Tagged--5 Great Non-law Blogs
Posted on September 05, 2008I've been double tagged in a meme by both Adrian Lurssen of JD Supra's JDScoop blog and Susan Cartier Liebel of the Build a Solo Practice, LLC blog. The meme was started by the anonymous editor of Blawg Review, the point being to post 5 of your favorite non-legal blogs and then tag 5 blawgers to do the same...
The New York Legal Blog Round Up
Posted on September 04, 2008It's time for a belated round up of posts from my fellow New York law bloggers: Coverage Counsel: Food Fighting Coverage--Middle School Garbage Can Hurler Entitled to Defense and Indemnification New York Attorney Malpractice Blog: Legal Malpractice and Compelled Settlements New York Civil Law: New York Court of Appeals Will Address New York's No-Prejudice Rule New York Federal Criminal Practice: Second Circuit Affirms SDNY Judge Kaplan's Dismissal of Indictment Against Thirteen Defendants in KPMG Tax Shelter Fraud Case New York Law Blog: New Layoff Law New York Personal Injury Law Blog: New York Law Blogger Sued For Defamation (Updated) Simple...
New York Legal News Round Up
Posted on September 03, 2008It's time for the round up of interesting New York legal news headlines from the past week: NY court backs recognition of same-sex marriages (Reuters) 2nd Circuit Reinstates NYC's RICO Allegation of Tax Loss From Online Cigarette Sales (Law.com) Ex-Tyco CEO Kozlowski appeals to top New York court (Reuters) Lawyer tells court Bianca Jagger wants her New York apartment back (AP) Mugged New Yorker pleads not guilty to murder (Newsday)
We Are Some Wild and Crazy Lawyers
Posted on September 02, 2008A recent Daily Record column is entitled "We Are Some Wild and Crazy Lawyers." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** We are some wild and crazy lawyers Sometimes, we lawyers take ourselves far too seriously...
Define That Term #295
Posted on August 31, 2008Last week's term was condonation, which is defined as:One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and later tries to use it as grounds for a divorce, he could argue that she had condoned his behavior and could perhaps prevent her from divorcing him on these grounds...
The New York Legal News Round Up
Posted on August 27, 2008It's already Wednesday and time fro the weekly round up of New York law-related headlines: Woman in Spitzer prostitution case pleads guilty (Reuters) Defamation Suit Proceeds Against Defense Lawyer in Law Firm Theft Case (New York Law Journal) NYC judge orders release of Rosenberg testimony (AP) 2nd Circuit Addresses Limits on Qui Tam Actions Under False Claims Act (New York Law Journal) Text size: increase text sizedecrease text size Lawyer at center of pension probe must pay back $83,624 (Newsday)
Making Your Law Office More Portable
Posted on August 26, 2008This week's Daily Record column is entitled "Making Your Law Office More Portable." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Making Your Law Office More Portable I know, I know. Some of you are wondering, ?Why in the world would I want to take my law office with me? It can stay right where it is, thank you very much...
The New York Legal Blog Round Up
Posted on August 25, 2008It's Monday and time for the weekly round up of posts from my fellow New York law bloggers: Coverage Counsel: Carolina on Their Mind New York Law Blog: New York City Housing Authority New York Public Personnel Law Blog: School Officials Have Immunity if They Report Child Abuse Simple Justice: Cops are Cops 24/7 Wait a Second!: 2d Circuit strikes down another provision of the NY Elections Law
Define That Term #294
Posted on August 24, 2008Last week's term was means test, which is defined as:A formula that uses predefined income and expense categories to determine whether a debtor whose current monthly income is higher than the median family income for his or her state should be allowed to file for Chapter 7 bankruptcy...
Certified Questions
Posted on August 23, 2008The Second Circuit recently certified a number of questions to the New York Court of Appeals. First, in Amalfitano v. Rosenberg, Docket No. 06-2364-cv, the following questions were certified:(1) Can a successful lawsuit for treble damages brought under N...
The New York Legal News Round Up
Posted on August 20, 2008It's Wednesday and time, once again, for the round up of New York legal news headlines: Rejecting Special Referee's Report, N.Y. Court Suspends Attorney (New York Law Journal) New York City agrees to pay protesters $2 million (Reuters) New York Attorney General Cuomo to Sue Merrill Lynch (FoxBusiness) Insurer Suit Challenges Changes in New York?s Workers? Compensation Laws (Workforce...
Does Security Require the Loss of Liberty?
Posted on August 19, 2008This week's Daily Record column is entitled "Does Security Require the Loss of Liberty?" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** Does Security Require the Loss of Liberty? ?Men fight for liberty and win it with hard knocks...
The New York Legal Blog Round Up
Posted on August 18, 2008It's Monday and time for the weekly round up of interesting posts from my fellow New York blawgers: Coverage Counsel: Court Reverses Jury Verdict for Injured Parties on Late Notice DJ Trial New York Federal Criminal Practice Blog: EDNY Judge Block Imposes 60-month Sentences in Securities Fraud Case Instead of Guideline Sentences of 360 months to Life New York Law Blog: Choking Hazard Legislation Second Opinions: 9/11 Simple Justice: 2d Circuit on a Roll Wait a Second!: Court of Appeals upholds psychotherapist privilege in garden variety damages claims
Define That Term #293
Posted on August 17, 2008Last weeks term was effluxion of time, which is defined as: The normal expiration of a lease due to the passage of time, rather than due to a specific event that might cause the lease to end, such as destruction of the building. No one guessed this time around...
I'll Be in New York This Weekend
Posted on August 13, 2008I made a last minute decision to take a trip to NYC this weekend. If any of my New York peeps are interested in meeting for coffee on Saturday, drop me an email.
The New York Legal News Round Up
Posted on August 13, 2008It's the middle of the week and time for the weekly round up of New York law-related news headlines: NY Law firm sued in $20M real estate case (Newsday) U.S. Sues Developer Over Access for Disabled (NY TImes) At Trial, Lawyer Claims Former Firm Cut Her Salary Over Pregnancy (New York Law Journal) Author Wins Attorney Fees Despite Dismissal of Free Speech Action (New York Law Journal) Federal Court: N...
War on Terrorism Collides with Attorney-Client Privilege
Posted on August 12, 2008This week's Daily Record column is entitled "War on terrorism collides with attorney-client privilege." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** War on terrorism collides with attorney-client privilege In an effort to combat the somewhat nebulous concept of ?terrorism,? laptops and other digital devices are currently subject to warrantless inspections at the border...
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