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DECEMBER 2000
 
Overview of topics...

Lead Note:

NEW LAWS ADOPTION OF NEW CPLR 4517 EXPANDS USE IN PRESENT TRIAL OF TESTIMONY TAKEN AT PRIOR TRIAL

General Practice:

 

  • Injured Party Saves the Day by Notifying Insurer of Accident When Insured Fails to
  • No Sanction Can Be Imposed on Defendant's Insurer in Tort Case
  • Time to Sue on Internet Defamation Starts from Initial Posting, As in Print Cases
  • What Satisfies as Supreme Court CPLR 305(b) Notice Also Satisfies as Lower Court "Indorsement" Pleading
  • Additional Reason for Needing Timely Expert Disclosure: Using the Data on Voir Dire

Federal Practice:

 

  • Restriction on "Supplemental" Jurisdiction Bars Removal and Generates Duplicative Litigation
  • Federal Court Enforces Clause Giving One Party Choice Between Federal and State Forum
  • Conflict on Whether Substituted Methods May Be Used for Federal Subpoena Service

Backlog Items:

 

  • D Gets No Second Exam of P Just Because D's Examining Physician Was Later Disciplined
  • Who Can Merely "Affirm" Instead of Swear?

 ARTICLE HEADLINES

FEATURE ARTICLE:
NEW LAWS ADOPTION OF NEW CPLR 4517 EXPANDS USE IN PRESENT TRIAL OF TESTIMONY TAKEN AT PRIOR TRIAL

 GENERAL PRACTICE

DISCLAIMER INVALIDATED:
Injured Party Saves the Day by Giving Liability Insurer Notice of Accident in Case Where Insured Failed to

INTERNET DEFAMATION:
Court Applies to Internet Defamation the Same Single Publication Rule Applied to Print Matter

APPELLATE DIVISION CANCELS SANCTION IMPOSED DIRECTLY ON LIABILITY INSURER BECAUSE IT'S NOT A PARTY

 
LOWER COURT PLEADING:
Notice That Satisfies as CPLR 305(b) "Default" Notice Also Satisfies as Lower Court "Indorsement" Pleading

EXPERT DISCLOSURE:
Need to Know Other Side's Experts for Use on Voir Dire

 FEDERAL JURISDICTION AND PRACTICE

SUPPLEMENTAL JURISDICTION:
Can't Use "Supplemental" Jurisdiction as Source of Original Jurisdiction

FORUM SELECTION CLAUSE:
Federal Court Enforces Clause Giving One Party Choice of Federal or State Forum
 
FEDERAL SUBPOENA SERVICE:
Continuing Conflict on Whether Personal Delivery Is the Only Method Permissible for Service of a Federal Subpoena

 BACKLOG ITEMS

SECOND EXAM OF PLAINTIFF?:
Later Disciplinary Steps Against D's Examining MD Not Ground for Second Exam of Personal Injury P

WHO CAN MERELY "AFFIRM":
Chiropractor Can't Just Affirm; Needs Notary; Same for Attorney Who Is Party
         
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