Siegel's Practice Review - July, 2009 Headlines & Topics


July, 2009

Overview of topics...

LEAD NOTE :

Sale-of-Boat Contract Calling for Buyer to Deposit Payment Into Seller's New York Bank Account Cited in Upholding New York Longarm Jurisdiction

SPECIAL NOTE :

Court Reviews Difficulties — and Remedies —for Identifying and Serving Parties Unknown at Action Time

GENERAL PRACTICE:

Effect of Divesting State Court of Jurisdiction Is Lost When Removal to Federal Court Is Found Frivolous
Divided Court Holds Second Arbitrator Not Bound by Estoppel Based on First Arbitrator's Award to No-Fault Claimant
Courts Are Inconsistent About Allowing Cross-Relief When Not Made Subject of Explicit "Cross-Motion"
HIPAA Authorization Served by P May Itself State That D's Interview with P's Treating Physician Is Voluntary; Message Is Not Prerogative of D Alone

BACKLOG ITEMS:

Default Is Ordered Against Defendant If Its Insurance Adjuster Fails to Show for Conference
Rare Example of Small Claim Going to Jury Trial, and Good Example of How Uneconomical It Is

ARTICLE HEADLINES

Feature Article:

LONGARM JURISDICTION
Sale-of-Boat Contract Calling for Buyer to Deposit Payment Into Seller's New York Bank Account Cited in Upholding New York Jurisdiction

General Practice:

REMOVAL TO FEDERAL COURT
Effect of Divesting State Court of Jurisdiction Is Lost When Removal Is Found Frivolous

ARBITRATION AND COLLATERAL ESTOPPEL
Divided Court Holds Second Arbitrator Not Bound by Estoppel Based on First Arbitrator's Award to No-Fault Claimant

"PURPORTED" CROSS-MOTION
Courts Are Inconsistent About Allowing Cross-Relief When Not Made Subject of Explicit "Cross-Motion"

HIPAA AUTHORIZATIONS
Authorization Served by P May Itself State That D's Interview with P's Treating Physician Is Voluntary; Message Is Not Prerogative of D Alone

Special Note:

COURT REVIEWS DIFFICULTIES — AND REMEDIES — FOR IDENTIFYING AND SERVING PARTIES UNKNOWN AT ACTION TIME

Backlog Items:

ATTENDANCE AT CONFERENCE
Default Is Ordered Against Defendant If Its Insurance Adjuster Fails to Show for Conference

JURY IN SMALL CLAIM?
Rare Example of Small Claim Going to Jury Trial, and Good Example of How Uneconomical It Is