Feature Article(s): New Laws

ANOTHER ELECTRONIC DISCOVERY CASE SHOWS NEW YORK'S CONTINUED DISPOSITION TO STAY WITH RULE THAT REQUIRES EACH PARTY TO PAY ITS OWN WAY IN DISCOVERY

General Practice Points:

JUDGMENT LIENS
Lien Is Good When Docketing of Judgment by Creditor One Is Made Against "Jack McCabe" and Warranty Deed Is Then Made to a Buyer by "John McCabe", If Both Are Same Person

CONSUMER DEBT ACTION IN LOWER COURT
Federal Law Requiring That Consumer Debt Be Sued on in Consumer's "District" Refers to Venue Limits of Particular Court, Not to Federal Judicial District

FAILURE TO CHECK WITH DMV
Failure to Check with DMV for D's Current Address Voids Service No Matter How Diligent Other Service Efforts Are

CONFIRMING ARBITRATION AWAR
Award Terminating "Subway" Franchise and Providing for Damages of $250 for Each Day Name Is Kept, Still Doesn't Reach Required Federal Minimum of $75,000, So Jurisdiction Fails

TIMING OF SUMMARY JUDGMENT MOTION
Time Limit on Summary Judgment Motion Held Inapplicable to Third-Party Defendant

TIMING OF SUMMARY JUDGMENT MOTION
Court Can with "Scheduling Order" Require Summary Judgment Motion by Specified Time "Without Reference" to Note of Issue Activities

Backlog Items:

OBJECTIONS BY NONPARTY WITNESS?
4th Dep't Says Counsel for Nonparty Witness Has No Right to Object During Deposition

MUST SERVER ANNOUNCE SERVICE?
Only If There's Physical Resistance Need Process Server Recite That This Is Summons, Etc.