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January, 2008
 

Overview of topics...

LEAD NOTE :

  • RULE 137 ALLOWS ARBITRATION OF ATTORNEY'S FEE CLAIM IF DISPUTE DOESN'T EXCEED $50,000; WHAT EFFECT WHEN THERE'S DISPUTE ABOUT WHETHER THAT AMOUNT IS EXCEEDED?

SPECIAL NOTE:

  • Two-Year Suspension of Teacher for Steadily Courting Minor Student (One-Year Suspension Had Been Set Aside by Court as Too Lenient) Still Found Too Lenient

GENERAL PRACTICE:

  • After in Camera Review, Court Directs Phone Company to Disclose Records of Driver's Cell Phone Calls Made Around Time of Accident
  • Swiss Insurer Administering Disability Plan for Company for Which P Worked in N.Y. Is Held Subject to N.Y. Jurisdiction
  • Discontinuance by P as Against D-1 in Tort Case, Also Canceling D-2's Cross-Claim, Now Doesn't Stop D-2 from Impleading D-1
  • N.Y. Refuses to Defer to Maryland Action Though Latter Commenced Earlier; First-in-Time Rule Not Rigid
  • Extensively Reviewing CPLR 1001(b) List of Factors, Court Refuses to Dismiss Based on Nonjoinder of "Necessary" Party

BACKLOG ITEMS:

  • Court Strikes from Complaint Allegations That D Asked P How Much for Not Suing; Says That Trial Can Reinstate Allegations If They Then Become Relevant
  • P's Failure to Object to Trial Court's Sua Sponte Appointment of Receiver Results in P's Having to Pay Receiver's Compensation

 


 ARTICLE HEADLINES


Feature Article:

RULE 137 ALLOWS ARBITRATION OF ATTORNEY'S FEE CLAIM IF DISPUTE DOESN'T EXCEED $50,000; WHAT EFFECT WHEN THERE'S DISPUTE ABOUT WHETHER THAT AMOUNT IS EXCEEDED?

Special Note:

"PUBLIC POLICY" AND ARBITRATION AGAIN
Two-Year Suspension of Teacher for Steadily Courting Minor Student (One-Year Suspension Had Been Set Aside by Court as Too Lenient) Still Found Too Lenient

General Practice:

CELL PHONE RECORDS
After in Camera Review, Court Directs Phone Company to Disclose Records of Driver's Cell Phone Calls Made Around Time of Accident

 

 


CIVILITY AT DEPOSITIONS LONGARM JURISDICTION
Swiss Insurer Administering Disability Plan for Company for Which P Worked in N.Y. Is Held Subject to N.Y. Jurisdiction

TORT SETTLEMENTS
Discontinuance by P as Against D-1 in Tort Case, Also Canceling D-2's Cross-Claim, Now Doesn't Stop D-2 from Impleading D-1

OTHER-ACTION-PENDING DISPUTE
N.Y. Refuses to Defer to Maryland Action Though Latter Commenced Earlier; First-in-Time Rule Not Rigid

NECESSARY-PARTY DISPUTE
Extensively Reviewing CPLR 1001(b) List of Factors, Court Refuses to Dismiss Based on Nonjoinder of "Necessary" Party

 

 


Backlog Items:

STRIKING IRRELEVANT MATTER
Court Strikes from Complaint Allegations That D Asked P How Much for Not Suing; Says That Trial Can Reinstate Allegations If They Then Become Relevant

ATTACHMENT VERSUS RECEIVERSHIP
P's Failure to Object to Trial Court's Sua Sponte Appointment of Receiver Results in P's Having to Pay Receiver's Compensation

 

 

         
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