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December, 2007
 

Overview of topics...

LEAD NOTE :

  • APPLYING "COLLATERAL SOURCE" RULE, COURT REFUSES TO REDUCE VERDICT BECAUSE IT LACKS "REASONABLE CERTAINTY" AS TO FUTURE LOSSES PLAINTIFF WILL RECOVER FROM OUTSIDE SOURCES

SPECIAL NOTE:

  • Mediator Is Not Immune from Deposition and Disclosure

GENERAL PRACTICE:

  • In Case With No-Fault Involvement, When Does Interest Start to Run?
  • Violations of Recent Rule Regulating Conduct at Depositions Begets Appointment of Referee to Supervise Further Disclosure, and in Another Case a Money Sanction
  • Early Case on Amendment of Mistakes-Forgiving Statute — to Extend It to Initial Filing Issues — Doesn't Help Plaintiff
  • Judgment Debtor Can Protect Exempt Income in Bank Account, But Only with Much Legal Aid

BACKLOG ITEMS:

  • If Court Itself Sets Shorter Deadline for Summary Judgment Motion Than Statutory 120 Days, It Becomes Just as Rigid
  • Limitations Toll for Insane Plaintiff Not Suspended Merely Because Guardian ad Litem Appointed
  • As Long as Federal Court Does Not Assert Jurisdiction of Res in State Probate Court's Control, Personam Suit Between Contestants Is Okay Despite Relationship to Probate Issues
  • Court in N.Y. Class Action Refuses to Defer to Duplicative Delaware Class Action in Topps Buyout Dispute

 


 ARTICLE HEADLINES


Feature Article:

APPLYING "COLLATERAL SOURCE" RULE, COURT REFUSES TO REDUCE VERDICT BECAUSE IT LACKS "REASONABLE CERTAINTY" AS TO FUTURE LOSSES PLAINTIFF WILL RECOVER FROM OUTSIDE SOURCES

Special Note:

IS MEDIATOR SUBJECT TO DISCLOSURE?
Mediator Who Worked Out Separation Agreement in Divorce Action Is Held Subject to Deposition When Terms Disputed

General Practice:

INTEREST IN NO-FAULT CASE
In Case With No-Fault Involvement, When Does Interest Start to Run?

 

 


CIVILITY AT DEPOSITIONS
Violations of Recent Rule Regulating Conduct at Depositions Begets Appointment of Referee to Supervise Further Disclosure, and in Another Case a Money Sanction

AMENDED CPLR 2001
Early Case on Amendment of Mistakes-Forgiving Statute -- to Extend It to Initial Filing Issues -- Doesn't Help Plaintiff

PROTECTING EXEMPT INCOME
Judgment Debtor Can Protect Exempt Income in Bank Account, But Only with Much Legal Aid

Backlog Items:

SUMMARY JUDGMENT LATENESS
If Court Itself Sets Shorter Deadline for Summary Judgment Motion Than the Statutory 120 Days, It Becomes Just as Rigid

 

 


TOLL FOR INSANITY
Toll for Insane Plaintiff Not Suspended Merely Because Guardian ad Litem Appointed

FEDERAL JURISDICTION
As Long as Federal Court Does Not Assert Jurisdiction of Res in State Probate Court's Control, Personam Suit Between Contestants Is Okay Despite Relationship to Probate Issues

DUPLICATIVE CLASS ACTIONS
Court in N.Y. Class Action Refuses to Defer to Duplicative Delaware Class Action

 

         
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