Siegel's Practice Review - October, 2008 Headlines & Topics

Overview of topics...

LEAD NOTE :

N.Y. Firm Is Liable for Negligence of Florida Firm It Hires to File Claim for Client

SPECIAL NOTE:

First Case on "General Pattern of Delay" Needed to Deny Plaintiff Limitations' Extension under CPLR 205(a) (Page 2)

NEW LAW:

Levying on Exempt Accounts: Amendment Seeks to Protect Exempt Income of Small Debtors (Page 3)

GENERAL PRACTICE:

When P Is Injured by Fault of D's Examining Physician, Is Claim One in Malpractice or Mere Negligence?
D-2 Forfeits Recovery of Settling D-1's Apportioned Share of Damages by Failing to Interpose Defense Asking for It
Federal Magistrate Can't Directly Remand Removed Case; De Novo Review by District Judge Needed
When Judgment Debtor Owns Fund, Issue of Fund's Ownership of Certain Property Is Jury Triable
Notary's Failure to Administer Oath Subjects Him to Liability for Forged Power of Attorney

ARTICLE HEADLINES

Feature Article:

N.Y. Firm Is Liable for Negligence of Florida Firm It Hires to File Claim for Client

Special Note:

FIRST CASE ON "GENERAL PATTERN OF DELAY" NEEDED TO DENY PLAINTIFF LIMITATIONS' EXTENSION UNDER CPLR 205(a)

New Law:

LEVYING ON EXEMPT ACCOUNTS
Amendments Seek to Protect Exempt Income of Small Debtors

General Practice:

MALPRACTICE OR MERE NEGLIGENCE?
When P Is Injured by Fault of D's Examining Physician, Is Claim One in Malpractice or Mere Negligence?

TORT APPORTIONMENTS
D-2 Forfeits Recovery of Settling D-1's Apportioned Share of Damages by Failing to Interpose Defense Asking for It

REMAND FROM FEDERAL COURT
Federal Magistrate Can't Directly Remand Removed Case; De Novo Review by District Judge Needed

RIGHT TO JURY TRIAL
When Judgment Debtor Owns Fund, Issue of Fund's Ownership of Certain Property Is Jury Triable

FAILING TO ADMINISTER OATH
Notary's Failure to Administer Oath Subjects Him to Liability for Forged Power of Attorney