Siegel's Practice Review - January, 2006 Headlines & Topics


January, 2006

Overview of topics...

LEAD NOTE:

NEW RULE FOR COMMERCIAL PARTS PROMULGATED:
NEW RULE (EFF. JAN. 17, 2006) PROVIDES FOR COMMERCIAL DIVISIONS OF SUPREME COURT IN SELECTED COUNTIES AND REGULATES PROCEDURE IN DETAIL

ANOTHER NEW RULE:

Movant Must Send Letter to Judge Reminding of Obligation to Decide Motion Within the 60-Day Period

GENERAL PRACTICE:

Referee to "Report" to Grievance Committee Can Decide Collateral Estoppel Issues
Use of Order to Show Cause Does Not Take Burden of Proof Off Moving Party
Member of Medical Group Who Has Already Left the Group When Another Member Commits Malpractice Bears No Liability Even Under Continuous Treatment Doctrine
New Fee on Filing Action Is Required Even Though Fee Was Paid on Prior Application to File Late 50-e Notice
While No Compounding of Interest Takes Place in Ordinary Litigation, It Does Apply to Pre-Judgment Period in Eminent Domain Taking
When Bankruptcy Court Alters Judgment, 10-Year Real Property Lien Starts Over

FEDERAL/STATE INTERPLAY:

Even Though Case Is Remanded to State Court, No Attorneys' Fees Will Be Awarded as Long as Removal Was "Objectively Reasonable"
Omnibus Objection to Personal Jurisdiction No Good in Federal Practice; Particular Ground Must Be Alleged

BACKLOG ITEMS:

Even Unintentional Conduct of P That Makes Item Unavailable for D's Inspection Can Generate Spoliation Dismissal
Court Can't Dismiss Vis-a-Vis Party X If X Is Not Among Parties on Motion to Dismiss; That's Not Proper "Searching the Record"

ARTICLE HEADLINES

Feature Article:

NEW RULE FOR COMMERCIAL PARTS PROMULGATED:
New Rule (Eff. Jan. 17, 2006) Provides for Commercial Divsions of Supreme Court in Selected Counties and Regulates Procedure in Detail

General Practice:

ANOTHER NEW RULE
NEW RULE REQUIRES SENDING OF REMINDER LETTER TO
JUDGE ABOUT DECIDING MOTION WITHIN 60 DAYS

DISCIPLINARY PROCEEDINGS
Referee to "Report" to Grievance Committee Can Decide Collateral Estoppel Issue

ORDER TO SHOW CAUSE
Use of Order to Show Cause Does Not Take Burden of Proof Off Moving Party

CONTINUOUS TREATMENT DOCTRINE
Member of Medical Group Who Has Already Left the Group When Another Member Commits Malpractice Bears No Liability

GML 50-e EXTENSIONS
New Fee on Filing Action Is Required Even Though Fee Was Paid on Prior Application to File Late 50-e Notice; Result Is Dismissal

COMPOUNDING OF INTEREST
While No Compounding of Interest Takes Place in Ordinary Litigation, It Does Apply to Pre-Judgment Period in Eminent Domain Taking

LIEN ON REAL PROPERTY
When Bankruptcy Court Alters Judgment, the Judgment's 10-Year Real Property Lien Starts Over

Federal / State Interplay:

MOTION TO DISMISS DISTINCTIONS
Omnibus Objection to Personal Jurisdiction No Good in Federal Practice; Particular Ground Must Be Alleged

REMOVAL TO FEDERAL COURT
Even Though Case Is Remanded to State Court, No Attorneys' Fees Will Be Awarded as Long as Removal Was "Objectively Reasonable"

Backlog Items:

SPOLIATION
Even If Conduct of P That Makes Item Unavailable for D's Inspection Is Unintentional, It Can Generate Dismissal

SEARCHING THE RECORD
Court Can't Dismiss Vis-a-Vis Party X If X Is Not Among Parties on Motion to Dismiss