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May, 2008
 

Overview of topics...

LEAD NOTE :

  • IF COURT HAS JURISDICTION OF JUDGMENT DEBTOR, IT CAN REQUIRE DELIVERY OF PROPERTY DEBTOR CONTROLS OUTSIDE STATE
    Extensive Treatment by Appellate Division

SPECIAL NOTE:

  • Can Mediation -- as Opposed to Arbitration -- Be Compelled? (p.3)
  • Mere Mention of Request for Relief in Papers Opposing Main Motion Does Not Satisfy as "Cross-Motion"; Cross Relief Denied (p.4)

GENERAL PRACTICE:

  • Governor Signs Bill to Deter Libel Claimants from Suing in Foreign Courts to Try to Inhibit Free Speech in New York
  • Lack of Federal Subject Matter Jurisdiction for Want of Diversity Is Cured by Adding Federal Claim in Amended Complaint
  • Bankruptcy of Would-Be Personal Injury Claimant Doesn't Stop Her from Serving Notice of Claim; Hence Failure to Serve It Bars Claim
  • "Central Authority" for Serving Foreign Process in U.S. Is Dep't of Justice; When Is Translation of Foreign Papers Required?
  • For Removal from State Court, All Defendants Must Consent; One's Refusal Generates Remand

BACKLOG ITEMS:

  • Inadequate Affidavit of Merits Makes Default Judgment "Nullity"
  • Fact That Employer Is Within Longarm Jurisdiction Does Not Assure Jurisdiction of Employee
  • P Must Affirmatively Raise Issue of D's Lateness in Moving for Summary Judgment

 


 ARTICLE HEADLINES


Feature Article:

IF COURT HAS JURISDICTION OF JUDGMENT DEBTOR, IT CAN REQUIRE DELIVERY OF PROPERTY DEBTOR CONTROLS OUTSIDE STATE
Extensive Treatment by Appellate Division

General Practice:

"LIBEL TERRORISM" BILL
Governor Signs Bill to Deter Libel Claimants from Suing in Foreign Courts to Try to Inhibit Free Speech in New York

ASSESSING FEDERAL JURISDICTION
Lack of Federal Subject Matter Jurisdiction for Want of Diversity Is Cured by Adding Federal Claim in Amended Complaint

NOTICE OF CLAIM
Bankruptcy of Would-Be Personal Injury Claimant Doesn't Stop Her from Serving Notice of Claim, Hence Failure to Serve It Bars Claim

 

 


HAGUE CONVENTION
"Central Authority" for Serving Foreign Process in U.S. Is Dep't of Justice; When Is Translation of Foreign Papers Required?

SERVICE BY E-MAIL
Acknowledging P's Fruitless Efforts to Locate D for Service, Court Orders E-Mail Service

"LIBEL TERRORISM" BILL
Legislature Passes Bill to Deter Libel Claimants from Suing in Foreign Courts to Try to Inhibit Free Speech in New York

arrow bullet Special Note:

CAN MEDIATION — AS OPPOSED TO ARBITRATION — BE COMPELLED?

CROSS-MOTIONS
Mere Mention of Request for Relief in Papers Opposing Main Motion Does Not Satisfy as "Cross-Motion"; Cross Relief Denied

 

 

REMOVAL TO FEDERAL COURT
For Removal from State Court, All Defendants Must Consent; One's Refusal Generates Remand

Backlog Items:

PROOF ON DEFAULT APPLICATION
Inadequate Affidavit of Merits Makes Default Judgment "Nullity"

LONGARM JURISDICTION
Fact That Employer Is Within Longarm Jurisdiction Does Not Assure Jurisdiction of Employee

SUMMARY JUDGMENT LATENESS
P Must Affirmatively Raise Issue of D's Lateness in Moving for Summary Judgment

 

         
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