SPR - November 2002 Headlines & Topics


November 2002

Overview of topics...

Lead Note:

AMENDMENT ALLOWS COURT TO CONVERT MOTION INTO SPECIAL PROCEEDING, AND VICE- VERSA, THEREBY AVOIDING DISMISSAL

General Practice:

Using Certified Instead of Ordinary Mail Service, as Required, Brings Dismissal of Claim
What Is Plaintiff's Course When Defendant Dies During Action and All Is Suspended?

Federal/State Court Interaction::

In Federal Practice, No Immediate Appeal Allowed to Attorney on Whom Sanction Imposed
Because Warsaw Convention Preempts State Law on Tort Claims on International Flights, Attempt to Assert Only State Law Claims Can't Prevent Removal

New Law:

Amendment Lets Appellate Courts Decide on Form, Margins, Type Size, etc., for Briefs and Appendices

Backlog Items:

Limited Liability Company Can Appear in Action Only by Attorney
If P's Bankruptcy Brings Dismissal of Action, Trustee Gets the CPLR 205(a) Six Months for New Action

ARTICLE HEADLINES

FEATURE ARTICLE:
NEW LAWS: AMENDMENT ALLOWS COURT TO CONVERT MOTION INTO SPECIAL PROCEEDING, AND VICE- VERSA, THEREBY AVOIDING DISMISSAL

GENERAL PRACTICE

SERVICE BY ORDINARY MAIL:
Using Certified Instead of Ordinary Mail, as Required, Brings Dismissal of Claim

D'S DEATH DURING ACTION:
What Is Plaintiff's Course When Defendant Dies During Action and All Is Suspended?

FEDERAL/STATE COURT INTERACTION

APPEALING SANCTION ORDER:
In Federal Practice, No Immediate Appeal Allowed to Attorney on Whom Sanction Imposed

REMOVAL TO FEDERAL COURT:
Because Warsaw Convention Preempts State Law on Tort Claims on International Flights, Attempt to Assert Only State Law Claims Can't Prevent Removal

NEW LAW

FORM OF PAPERS ON APPEAL:
Amendment Lets Appellate Courts Decide on Form, Margins, Type Size, etc., for Briefs and Appendices

BACKLOG ITEMS

IMPACT OF BANKRUPTCY:
If P's Bankruptcy Brings Dismissal of Action, Trustee Gets the CPLR 205(a) Six Months for New Action

LIMITED LIABILITY COMPANIES:
LLC Can Appear Only by Attorney