Siegel's Practice Review - March 2010 Headlines & Topics


March, 2010

Overview of topics...

LEAD NOTE :

Finding No Advantages in Bifurcated Trial After Enumerating Relevant Factors, Court Upholds Judge's Denial of It

GENERAL PRACTICE:

Law Firm Has Claim Against Third Person Who Guaranteed Client C Would Pay Firm's Fee
Resolving Dispute Among Circuits, U.S. Supreme Court Says Corporation's "Principal Office" (for Diversity Measure) Is Place Where Key Corporate Decisions Are Made
Plaintiff's Request to Attach All of Foreign D's Account In New York Is Denied Because "Substantial Part" of Fund Is Third-Parties' Money
Lawyer Discharged Without Cause Has Quantum Meruit Claim for Fee, But Contingent Fee Agreement No Longer Governs
Driver's Cellular Records for Period During Which Accident Occurred Are Discoverable by Injured Plaintiff, But Only After In Camera Inspection by Court
P Is Entitled to Vacate Settlement Made on Parties' Mutual Misassumption About Insurance Policy Limit

BACKLOG ITEMS:

If Some of 120-Day Service Period Still Left When Improper Service Shown, Court Can't Yet Dismiss Action
Request for Conference in Foreclsure Cases Should Be Entertained Even If Not Explicitly Within Scope of Statute
City Court Can Confirm Arbitration Award If Sum Is Within Its Monetary Jurisdiction

ARTICLE HEADLINES

Feature Article:

FINDING NO ADVANTAGES IN BIFURCATED TRIAL AFTER ENUMERATING RELEVANT FACTORS, COURT UPHOLDS JUDGE'S DENIAL OF IT

General Practice Points:

UNPAID LEGAL FEES
Law Firm Has Claim Against Third Person Who Guaranteed Client C Would Pay Firm's Fee

CORPORATION'S "PRINCIPAL OFFICE"
Resolving Dispute Among Circuits, U.S. Supreme Court Says Corporation's "Principal Office" (for Diversity Measure) Is Place Where Key Corporate Decisions Are Made

ATTACHMENT DENIED
Plaintiff's Request to Attach All of Foreign D's Account In New York Is Denied Because "Substantial Part" of Fund Is Third-Parties' Money

FIGURING OUTGOING ATTORNEY'S FEE
Lawyer Discharged Without Cause Has Quantum Meruit Claim for Fee, But Contingent Fee Agreement No Longer Governs

CELL PHONE RECORDS
Driver's Cellular Records for Period During Which Accident Occurred Are Discoverable by Injured Plaintiff, But Only After In Camera Inspection by Court

SETTLEMENT VACATED
P Is Entitled to Vacate Settlement Made on Parties' Mutual Misassumption About Insurance Policy Limit

Backlog Items:

REPEATED EFFORTS AT SERVICE
If Some of 120-Day Period Still Left When Improper Service Shown, Court Can't Yet Dismiss Action

MORTGAGE FORECLOSURE
Request for Conference Should Be Entertained Even If Not Explicitly Within Scope of Statute

CITY COURT ARBITRATION JURISDICTION
City Court Can Confirm Arbitration Award If Sum Is Within Its Monetary Jurisdiction