Siegel's Practice Review - September, 2007 Headlines & Topics

Overview of topics...

MORE NEW LAWS

Amendment Allows Service of Subpoena on Party to Be Made by Serving Attorney of Record, and by Interlocutory Means
Penalty Segment of Punishment for Disobeying Judicial Subpoena Raised from $50 to $150; Bank Closings Not Likely
Additional Notice Required to Mortgagor If Certain Residential Property Involved
Letter Further Explains 2007 Amendment of G.O.L. § 15-108

LEAD NOTE :

CONTINUING NEW LAWS -- Another 2007 Bill Designed to Overrule Mendon Ponds : Chapter 125, Redundant, Has Other Features Bar Must Be Wary Of

GENERAL PRACTICE:

Using Summons and Mere Notice to Bring "Hybrid" Action/Proceeding Results in Dismissal
Court Rejects Longarm Web Jurisdiction in Defamation Case
D's Waiver of Service Deemed Equivalent of Answer, Depriving P of Discontinuance of Right

BACKLOG ITEMS:

Even If Judgment of Supreme Court Is in Amount Lower Court Could Have Entertained, Enforcement Must Be in Supreme Court
Attorney Assigned by Primary Insurer to Represent Insured Has Duty to Notify Excess Insurer
Lack of Cooperation by Family in Seeking Substitution After Plaintiff Executor Dies Brings Dismissal

ARTICLE HEADLINES

Feature Article:

CONTINUING NEW LAWS --

Another 2007 Bill Designed to Overrule Mendon Ponds : Chapter 125, Redundant, Has Other Features Bar Must Be Wary Of

New Laws:

SUBSTITUTION OF PARTIES
Lack of Cooperation by Family in Seeking Substitution After Plaintiff Executor Dies Brings Dismissal

SERVICE OF SUBPOENA
Service of Subpoena on Party May Now Be Accomplished by Serving Attorney of Record, and by Interlocutory Means

DISOBEDIENCE OF SUBPOENA
Penalty Segment of Punishment for Disobeying Judicial Subpoena Raised from $50 to $150; Bank Closings Not Likely

MORTGAGE FORECLOSURES
Additional Notice Now Required to Mortgagor If Property Involved Is Residential and Has No More Than Three Units

MORE ON 15-108 AMENDMENT
Letter Further Explains 2007 Amendment of G.O.L. § 15-108

General Practice:

"HYBRID" ACTION/PROCEEDING
Using Summons and Mere Notice to Bring "Hybrid" Action/Proceeding Results in Dismissal

DISCONTINUANCES
D's Waiver of Service Deemed Equivalent of Answer, Depriving P of Discontinuance of Right

Backlog Items:

WHICH COURT ENFORCES?
Even If Judgment of Supreme Court Is in Amount Lower Court Could Have Entertained, Enforcement Must Be in Supreme Court

INSURANCE DISCLAIMER
Attorney Assigned by Primary Insurer to Represent Insured Has Duty to Notify Excess Insurer

SUBSTITUTION OF PARTIES
Lack of Cooperation by Family in Seeking Substitution After Plaintiff Executor Dies Brings Dismissal