FEATURE ARTICLE:
TRACKING THE NEW LAW ON FILING SETTLEMENTS
STILL MOST CONTROVERSIAL ISSUE: SEEKING WAYS OF FILING SETTLEMENTS WITHOUT REVEALING UNDERLYING DETAILS

New Laws:

SMALL CLAIMS SUM RAISED
Small Claims May Not Be So Small Any More -- Jurisdiction Raised from $3000 to $5000

INTERVENING IN CONSTITUTIONAL CASES
Requirement to Notify AG When Statute Is Contested Now Has Counterpart for Challenges to Local Laws, Too

General Practice:

JURISDICTION VIA INTERNET
Extensive "Mail-Order and Internet-Based Commerce" Gives Maine Company California "Presence" to Support Judgment Not Restricted to Just California Claims

JURISDICTION VIA AGENCY
When Service Is Made on Agent Designated by Contract, It Must Be Agent Itself That Forwards Process to Defendant

STIPULATING TO JURISDICTION
Stipulation to New York Jurisdiction, But Not Choice of New York Law, Keeps Case Exposed to Forum Non Conveniens Dismissal

SECOND LIS PENDENS IS ALLOWED IN FORECLOSURE ACTIONS
Vacating Campbell Decision, Appellate Division Holds That in Lien Foreclosures a Second Lis Pendens Is Okay
Even After Lapse of First One

RESETTLEMENT PROCEDURE DESCRIBED
Court Describes Resettlement Procedure, Reducing Lawyer's Fee for Continuous Failure to Submit Proper Resettled Order

RETRANSFERING TRANSFERRED CASE
While Supreme Court Can Retransfer to Itself Case It Sent to Lower Court, Case's Mere "Languishing" in Lower
Court Is Not Ground for Retransfer

LETTER OF ENGAGEMENT RULE
Recovery for Legal Services Precluded Because Lawyer Didn't Give Client Letter of Engagement

COMMENCEMENT BY SHOW CAUSE ORDER
Pre-Action Order to Show Cause with TRO Signed on Sunday Should Recite That Filing Is Required Within Five Days

Backlog Items:

FOREIGN SUPPORT JUDGMENTS
Inapplicability of CPLR Article 53 to Foreign Country Support Judgment Doesn't Bar Recognition as Simple Matter of Comity

WHAT'S AN "AFFIRMATIVE DEFENSE"?
Adverse Possession Qualifies as "Affirmative Defense", So Failure to Plead It Waives It

SIX-MONTH TIME EXTENSION
To Satisfy CPLR 205(a), Service as Well as Filing in the New Action Must Occur Within the Six-Month Period