Search the Issue Highlights:  

Search Tips

Issue Index About SPR Subscriptions The Author  
 

 

 
     

January, 2009
 

Overview of topics...

LEAD NOTE :

  • 2d Department Holds That There's No Time Limit on a Plaintiff's Motion for Leave to Replead Within an Action

SPECIAL NOTE (Page 3):

  • Failure to Identify Expert Bars Use of Expert Not Only at Trial, But Also on Pretrial Motion

GENERAL PRACTICE:

  • Where Settling Defendants Plan to Participate in Trial Against Nonsettlor, Terms of Settlement Must Be Revealed
  • Statute Allowing Immediate Suspension of Drunk Driver's License Applies to Out-of-State Drivers, Too
  • Not Commencing Action Until Three Months After Defendant's Death Is Nullity; Nothing Can Save It
  • Statute Making Foreign Claim Subject to Shorter of New York and Foreign Statute of Limitations Applies to Judgments, Too
  • If Class Wins Recovery, Fees Are Awardable Out of It to Its Attorney, But Not to Opposing Attorney
  • Holding Lawyer's Failure to Pay $10,000 Sanction to Be Contempt, Court Sua Sponte Initiates Contempt Proceeding
  • Lawyer Allowed to Move Appointment of Article 81 Guardian for Own Client in Conjunction with Withdrawing from Case
  • Certificate Attests That Disclosure Has Been Completed; Party Can't, With Added "Self-Designed" Form, Include an Exception

 ARTICLE HEADLINES


Feature Article:

2d DEPARTMENT HOLDS THERE'S NO TIME LIMIT ON A PLAINTIFF'S MOTION FOR LEAVE TO REPLEAD WITHIN AN ACTION

Special Note:

FAILURE TO IDENTIFY EXPERTS
Failure Bars Use of Expert Not Only at Trial,
But Also on Pretrial Motion



 

arrow General Practice:

REVEALING SETTLEMENT
Where Settling Defendants Plan to Participate in Trial Against Nonsettlor, Terms of Settlement Must Be Revealed

PROMPT SUSPENSION LAW
Statute Allowing Immediate Suspension of Drunk Driver's License Applies to Out-of-State Drivers, Too

DEATH OF WOULD-BE DEFENDANT
Not Commencing Action Until Three Months After Defendant's Death Is Nullity; Nothing Can Save It

BORROWING STATUTE
Statute Making Foreign Claim Subject to Shorter of New York and Foreign Statute of Limitations Applies to Judgments, Too

 

 

CLASS ACTION FEES
If Class Wins Recovery, Fees Are Awardable Out of It to Its Attorney, But Not to Opposing Attorney

CRIMINAL CONTEMPT
Holding Lawyer's Failure to Pay $10,000 Sanction to Be Contempt, Court Sua Sponte Initiates Contempt Proceeding

SEEKING GUARDIANSHIP
Lawyer Allowed to Move Appointment of Article 81 Guardian for Own Client in Conjunction with Withdrawing from Case

CERTIFICATE OF READINESS
Certificate Attests That Disclosure Has Been Completed; Party Can't, With Added "Self-Designed" Form, Include an Exception

 

         
  ©1993 David D. Siegel  All rights reserved.   |   Web design & hosting by Azurelink.   |  Site Comments?