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June 2002
 

Overview of topics...

Lead Note:

  • FOLLOWING FEDERAL EXAMPLE OF 28 U.S.C.A. § 1407, NEW YORK "LITIGATION COORDINATING PANEL" IS ESTABLISHED TO "QUASI" CONSOLIDATE PRETRIAL PROCEEDINGS IN RELATED ACTIONS PENDING IN DIFFERENT COUNTIES; "INTERIM PROCEDURES" ALREADY PROMULGATED

General Practice:

  • Reminder About Mandatory Requirement That "Statement of Client's Rights" Be Posted in All Law Offices
  • No Default Vacatur When Failure of Notice Was Corporation's Fault for Not Updating Address in Secretary of State's Office
  • Failure to File Proof of the "Additional" Mail Service Required Before Taking Default Judgment Is Not Jurisdictional Defect
  • Does Work Product Immunity Shield Lawyer's "Opinions" from Discovery in Legal Malpractice Action?
  • Does Motivation to Avoid Federal Jurisdiction by Adding Party and/or Dropping Claim Prevent Remand to State Court?
  • Strict Venue Limits in Consumer Cases, Often Overlooked, Get Applied Against a P.C. That Regularly Disregarded Them
  • When Can Amended Answer Include Jurisdictional Objection Omitted from Original Answer?
  • The Continuing "Grave Injury" Dilemma: Even If Summary Judgment Is Indicated on "Grave Injury" Issue, Shouldn't Impleader of Employer Be Allowed to Stand Until Trial?

 


 ARTICLE HEADLINES

FEATURE ARTICLE:
FOLLOWING FEDERAL EXAMPLE OF 28 U.S.C.A. § 1407, NEW YORK "LITIGATION COORDINATING PANEL" IS ESTABLISHED TO "QUASI" CONSOLIDATE PRETRIAL PROCEEDINGS IN RELATED ACTIONS PENDING IN DIFFERENT COUNTIES; "INTERIM PROCEDURES" ALREADY PROMULGATED

GENERAL PRACTICE

STATEMENT OF CLIENT'S RIGHTS:

Reminder About Posting Statement in Lawyer's Office

 


SERVING CORPORATIONS:
No Default Vacatur When Failure of Notice Was Corporation's Fault for Not Updating Address in Secretary of State's Office

TAKING DEFAULT JUDGMENT:
Failure to File Proof of the "Additional" Service Required Before Taking Default Judgment Is Not Jurisdictional Defect

ATTORNEY'S WORK PRODUCT:
Review of "Work Product" Immunity in Legal Malpractice Action Under Federal Rule Sheds Light on Equivalent Issues under CPLR

REMOVAL TO FEDERAL COURT:
Motivation to Avoid Federal Jurisdiction by Adding Party and/or Dropping Claim Doesn't Bar Remand

 
CONSUMER CREDIT TRANSACTIONS:
Strict Venue Limits in Consumer Cases, Often Overlooked, Get Applied Against a P.C. That Regularly Disregarded Them

PRESERVING JURISDICTIONAL OBJECTION:
When Can Amended Answer Include Jurisdictional Objection That Original Answer Omitted?

THE CONTINUING "GRAVE INJURY" DILEMMA—
Even If Summary Judgment Is Seemingly Warranted on "Grave Injury" Issue, Shouldn't Impleader of Employer Be Allowed to Stand Until Trial?


         
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