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


November, 2008

Overview of topics...

LEAD NOTE :

What Is Laches, Anyway?

SPECIAL NOTE:

Although Choice of Florida Forum in Cruise Ship Ticket Doesn't Bar N.Y. Subject Matter Jurisdiction, N.Y. Court Must Still Dismiss and Can't Condition Dismissal (Page 2)
"Manifest Disregard of Law" Is Not Available Standard for Reviewing Arbitration Award (Page 3)

GENERAL PRACTICE:

Bazakos, on Liability of D's Examining Physician, Goes to Court of Appeals
90-Day Period for Vacating Arbitration Award Runs from Receipt by Loser, Not Mailing by Winner
If "Gravamen" of Complaint Is Broker's Claim for Money Damages, Added Claim for Fraudulent Conveyance of Property Involved Won't Support Lis Pendens
Regular Practice of Having Others Sign for Lawyer, Affecting 1000s of Lower Court Filings, Brings Six-Month Suspension
Unless P Settles for All of Tortfeasors' Coverages, P Can't Make Claim Under Own Insurer's Underinsured Coverage
Brief Default, Ordinarily Vacatable Almost for the Asking, Sticks Because of D's Refusal to Submit Affidavit of Merit
Contesting Clerk's Date Stamp: This Time Plaintiff Loses Contest and Lien Foreclosure Action Is Too Late
Voluntary Appearance of Out-of-State Witness To Testify Gives Jurisdiction Otherwise Lacking and Supports Contempt Citation If Witness Fails to Return

BACKLOG ITEMS:

Because Federal Arbitration Act Governed (Here in Employment Dispute in Interstate Commerce), Arbitrators Could Entertain Punitive Damages
L's Retainer Agreement Calling for 16% Interest on Claim for Fee Is Reduced by Court to Usual CPLR 9%

ARTICLE HEADLINES

Feature Article:

What Is Laches, Anyway?

Special Note:

CHOICE OF FORUM CLAUSE IN CRUISE TICKET
Although Choice of Florida Forum in Cruise Ticket Doesn't Bar N.Y. Subject Matter Jurisdiction, N.Y. Court Must Still Dismiss and Can't Condition Dismissal

REVIEWING ARBITRATION AWARD
"Manifest Disregard of Law" Is Not Available
Standard for Reviewing Arbitration Award

General Practice:

MALPRACTICE OR MERE NEGLIGENCE?
Bazakos, on Liability of D's Examining Physician, Goes to Court of Appeals

CONTESTING ARBITRATION AWARD
90-Day Period for Vacating Award Runs from Receipt by Loser, Not Mailing by Winner

LIS PENDENS
If "Gravamen" of Complaint Is Broker's Claim for Money Damages, Added Claim for Fraudulent Conveyance of Property Involved Won't Support Lis Pendens

ATTORNEY DISCIPLINE
Regular Practice of Having Others Sign for Lawyer, Affecting 1000s of Civil Court Filings, Brings Six-Month Suspension

SUM COVERAGE
Unless P Settles for All of Tortfeasors' Coverages, P Can't Make Claim Under Own Insurer's Underinsured Coverage

VACATING DEFAULTS
Brief Default, Ordinarily Vacatable Almost for the Asking, Sticks Because of D's Refusal to Submit Affidavit of Merit

CONTESTING CLERK'S DATE STAMP
This Time Plaintiff Loses Contest and Lien Foreclosure Action Is Too Late

JURISDICTION TO SUBPOENA
Voluntary Appearance of Out-of-State Witness To Testify Gives Jurisdiction Otherwise Lacking, and Supports Contempt Citation If Witness Fails to Return

Backlog Items:

ATTORNEYS' FEES
L's Retainer Agreement Calling for 16% Interest on Claim for Fee Is Reduced by Court to Usual CPLR 9%

PUNITIVE DAMAGES
Because Federal Arbitration Act Governed (Here in Employment Dispute in Interstate Commerce), Arbitrators Could Entertain Punitive Damages