Overview of topics...

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Lead Note:

COURTS CONSIDER ROLE OF HIPAA IN ALLOWING DEFENDANTS TO INTERVIEW PLAINTIFFS' TREATING PHYSICIANS IN MEDICAL MALPRACTICE ACTIONS

Special Notes:

• Close Escape from Legal Malpractice Claim: Making Too Optimistic an Assumption About Statute of Limitations

General Practice:

• If Court Rule Sets Shorter Time for Summary Judgment Motion Than CPLR 3212(a) 120 Days, Is Lateness in Making Motion More Excusable?
• Even After Mistrial, No Summary Judgment Motion May Be Allowed
• When Lawyer Lets Client's Claim Lapse, Client, Not Lawyer, Has Burden of Proving What Could Have Been Collected on Judgment
• Spoliation: Insurer's Complaint Against Tortfeasor Dismissed Because Insurer Didn't Preserve Product That Caused Fire
• More on Electronic Discovery: Court Appoints Referee to Supervise Cloning of D's Hard Drive by P's Expert
• Should Judgment Creditor Hold Up Execution to Avoid Poundage? Sheriff in One Case Keeps $66,000 Poundage Even Though Parties Settled
• Are Ethics Violated When Videographer Is Told to Tape Only Activities of Plaintiff That Refute Claim?

Backlog Items:

• While Not Ordinarily Appealable, Order on Motion in Limine That Has Summary Judgment Effect Is
• New York Court Implements Contract Calling for Federal Court to Hear Dispute