Search the Issue Highlights:  

Search Tips

Issue Index About SPR Subscriptions The Author  
 

 

 
     

JANUARY 1994
 
Overview of topics...

Lead Note:

OVERHAUL OF SUMMONS SERVICE AND PERSONAL JURISDICTION IN THE FEDERAL COURTS: THE NEW RULE 4 OF THE FEDERAL RULES OF CIVIL PROCEDURE PART 2

The New Filing System:

 

  • Mere Posting Isn't "Filing"
  • Omitting Index Number Not Fatal

General Practice:

 

  • "Venue" of NASD Arbitration Motion
  • Joint Liability Adjustments under Article 16 When State Involved

Backlog Items:

 

  • Outer Limit on Motion's Return Time?
  • Effect of Seat Belt Omission on Wrongful Death Damages

Open Citations:

 

  • Agin (Issue 2/Page 3): 157 Misc.2d 994, 599 N.Y.S.2d 367.
  • Majors (Issue 6/Page 2): 158 Misc.2d 68, 600 N.Y.S.2d 912.

 ARTICLE HEADLINES

FEATURE ARTICLE:
OVERHAUL OF SUMMONS SERVICE AND PERSONAL JURISDICTION IN THE FEDERAL COURTS: THE NEW RULE 4 OF THE FEDERAL RULES OF CIVIL PROCEDURE PART 2

• Defendant's Response to Waiver Request; Time Provisions

• Statute of Limitations Benefit to D by Not Cooperating

• 3. Changes in Methods of Service; Set-Up of Revised Rule.

• State Law Service Methods Still Available


 
 THE NEW FILING SYSTEM

WHAT CONSTITUTES "FILING"?:
Mere Posting of Papers to Clerk Doesn't Suffice

OMITTING INDEX NUMBER:
Omitting Index Number from Summons Not Fatal


 GENERAL PRACTICE

SECURITIES ARBITRATION:
Filing Statement with NASD's N.Y. Office Pursuant to Arbitration Clause Is Not Submission to N.Y. Jurisdiction for Arbitration-Connected Proceedings

 
JOINT AND SEVERAL LIABILITY:
Share of Fault of State, Though Not Party to Supreme Court Action, May Be Shown to Reduce Liability of Other Tortfeasors


 BACKLOG ITEMS

OUTER LIMIT ON MOTION TIME:
Making Motion Returnable 4 Months Later In Attempt to Avoid Court-Ordered Disclosure Doesn't Work

SEAT BELT DEFENSE:
Even If Wearing Seat Belt Would Have Preserved P's Life, D Must Still Pay Share of Wrongful Death Damages

         
  ©1993 David D. Siegel  All rights reserved.   |   Web design & hosting by Azurelink.   |  Site Comments?