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


July, 2006

Overview of topics...

LEAD NOTE:

RULE REQUIRING REMINDER LETTER TO JUDGE IS RESCINDED

GENERAL PRACTICE:

N.Y. Requires Only One Side to Agree to Record Phone Call; California Requires Both. Whose Law Governs in Call from California P to New York D?
If Only Basis for Jurisdiction Against D Is His Presence in State, and That Results from Fraudulent Enticement, Jurisdiction Fails
Another Court Considers Role of HIPAA In Allowing Defendants Ex Parte Interviews with Plaintiffs' Treating Physicians
Federal Statute Applied, Barring Vicarious Liability of Car Rental Agency for Accident Even If State Law Would Impose It

SPECIAL NOTE:

Because of Differences in Calendar Practice, Time Limit on Summary Judgment Motion Held Inapplicable in Civil Court

BACKLOG ITEMS:

Compliance Order Issued by Judge, Telling P to File Note of Issue or Face Dismissal, Is Same as Demand Under CPLR 3216
Third-Party Claim in Lower Court, Especially When Unrelated to Main Claim, Is Not Ground for Removal to Supreme Court Even If It Exceeds Lower Court Jurisdiction
Proof of "Substance and Materiality" Prompts Court to Allow Renewal Although Facts Were Known at Time of Original Motion

ARTICLE HEADLINES

Feature Article:

RULE REQUIRING REMINDER LETTER TO JUDGE IS RESCINDED

General Practice:

RECORDING PHONE CALLS
N.Y. Requires Only One Side to Agree to Record Call; California Requires Both. Whose Law Governs in Call from California P to New York D?

ENTICEMENT INTO STATE
If Only Basis for Jurisdiction Against D Is His Presence in State, and That Results from Fraudulent Enticement, Jurisdiction Fails

HIPAA AGAIN
Another Court Considers Role of HIPAA in Allowing Defendants Ex Parte Interviews with Plaintiffs' Treating Physicians

Special Note :

TIME LIMIT ON SUMMARY JUDGMENT MOTION
Because of Differences in Calendar Practice, Time Limit on Summary Judgment Motion Held Inapplicable in Civil Court

LIABILITY OF CAR RENTAL AGENCY
Federal Statute Applied, Barring Vicarious Liability of Car Rental Agency for Accident Even If State Law Would Allow It

Backlog Items:

NEGLECT TO PROSECUTE
Compliance Order Issued by Judge, Telling P to File Note of Issue or Face Dismissal, Is Same as Demand Under CPLR 3216

REMOVAL FROM LOWER COURT
Third-Party Claim in Lower Court, Especially When Unrelated to Main Claim, Is Not Ground for Removal Even If It Exceeds Lower Court Jurisdiction

RENEWAL OF MOTION
Proof of "Substance and Materiality" Prompts Court to Allow Renewal Although Facts Were Known at Time of Original Motion