Siegel's Practice Review - May 2011 Headlines & Topics


May, 2011

Overview of topics...

LEAD NOTE:

Effect of Preclusion Order: Order That Bars D from Putting in Defensive Evidence on Liability Does Not Bar D from Moving for Summary Judgment Based on P's Failure of Proof

SPECIAL NOTE:

Powers of Arbitrators Sometimes Exceed Those of Courts:
Under Broad Arbitration Clause, Arbitrators Have Discretion to Order Special Remedies They Deem Appropriate -- Such as Requiring Posting of Security

GENERAL PRACTICE:

First Dep't Agrees with Third: Removing Case from State to Federal Court Does Not Concede Personal Jurisdiction
Choice of New York Law Saves P's Case from What Might Have Been Big Loss under Brazilian Law
Contract Can Secure More Than State Interest Rate of 9%, But Only with Use of Clear Language
New York Applies Its Own Rule of Joint Liability (Here More Favorable to P) Although Accident Occurred in New Jersey
"Act Without/Injury Within New York" Longarm Jurisdiction under CPLR 302(a)(3) Doesn't Apply in Civil Court, But Supreme Court Can Be Turned to After Dismissal
Electronic Filing: P's Motion in Federal Action Fails Because It Had to Be Made "On or Before" Jan. 27 and Equipment Failures Nearing Midnight Prevented Implementation

ARTICLE HEADLINES

Feature Article:

EFFECT OF PRECLUSION ORDER
Order That Bars D from Putting in Defensive Evidence on Liability Does Not Bar D from Moving for Summary
Judgment Based on P's Failure of Proof

Special Note:

POWERS OF ARBITRATORS SOMETIMES EXCEED THOSE OF COURTS
Under Broad Arbitration Clause, Arbitrators Have Discretion to Order Special Remedies They Deem Appropriate — Such as Requiring Posting of Security

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

REMOVAL TO FEDERAL COURT
First Dep't Agrees with Third: Removing Case from State to Federal Court Does Not Concede Personal Jurisdiction

CHOICE OF N.Y. LAW CLAUSE
Choice of New York Law Saves P's Case from What Might Have Been Big Loss under Brazilian Law

SECURING HIGHER INTEREST
Contract Can Secure More Than State Interest Rate of 9%, But Only with Use of Clear Language

CHOICE OF TORT LAW
New York Applies Its Own Rule of Joint Liability (Here More Favorable to P) Although Accident Occurred in New Jersey

LONGARM JURISDICTION IN CIVIL COURT
"Act Without/Injury Within New York" Longarm Jurisdiction under CPLR 302(a)(3) Doesn't Apply in Civil Court, But Supreme Court Can Be Turned to After Dismissal