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


December, 2008

Overview of topics...

LEAD NOTE :

Situs of Intangible Property: Despite Jurisdiction of D, Divided 1st Dep't Says D's Interest in Foreign Limited Liability Company Is Not Subject to New York Attachment

SPECIAL NOTE (Page 3):

Legal Malpractice: Firm's Failure to Make Clear Its Termination of Representation of Client Keeps Statute of Limitations Alive Against It

GENERAL PRACTICE:

Under Federal Arbitration Act, While Arbitrator Can Subpoena Nonparty as Witness, It Can't Separately Compel Discovery; What's N.Y. Rule?
2d Dep't Holds No Motion Lies to Strike Defense of Failure to State Cause of Action
2d Circuit Says "Manifest Disregard of Law" Remains Available Standard for Reviewing Arbitration Award, Though Hard to Implement
New York's Lis Pendens Statute Doesn't Violate Federal Due Process
Immediate Sale of Horses Based on Allegation of Decrease in Their Value During Action Is Refused for Lack of Proof
When Retainer Is Clear That Counsel Would Advance All, Including Expert Fees, Counsel Can't Withdraw Because He Expected Settlement
Service of Supplemental Summons and Amended Complaint After Required 120-Day Period Doesn't Save Action

ARTICLE HEADLINES

Feature Article:

SITUS OF INTANGIBLE PROPERTY FOR ENFORCEMENT PURPOSES
Despite Personal Jurisdiction of D, Divided First Department Says D's Interest in Foreign Limited Liability Company Is Not Subject to New York Attachment

Special Note:

LEGAL MALPRACTICE
Firm's Failure to Make Clear Its Termination of Representation of Client Keeps Statute of Limitations Alive Against It

General Practice:

ARBITRATOR'S SUBPOENA POWERS
Under Federal Arbitration Act, While Arbitrator Can Subpoena Nonparty as Witness, It Can't Separately Compel Discovery; What's N.Y. Rule?

STRIKING DEFENSE
2d Dep't Holds No Motion Lies to Strike Defense of Failure to State Cause of Action

"MANIFEST DISREGARD OF LAW" AGAIN
2d Circuit Says "Manifest Disregard of Law" Remains Available Standard for Reviewing Arbitration Award, Though Hard to Implement

LIS PENDENS
N.Y.'s Lis Pendens Statute Doesn't Violate Federal Due Process

SALE OF LIENED PROPERTY
Immediate Sale of Horses Based on Allegation of Decrease in Their Value During Action Is Refused for Lack of Proof

COUNSEL'S LIABILITY FOR EXPERT FEES
When Retainer Is Clear That Counsel Would Advance All, Including Expert Fees, Counsel Can't Withdraw Because He Expected Settlement

TIME FOR SERVICE
Service of Supplemental Summons and Amended Complaint After Required 120-Day Period Doesn't Save Action