Siegel's Practice Review - July 2011 Headlines & Topics


July, 2011

Overview of topics...

LEAD NOTE:

Supreme Court Holds That Tire Made by U.S. Company's Foreign Affiliate, Causing Injury to U.S. Citizen Abroad, Doesn't Give Citizen's Home State Jurisdiction Over Affiliate

SPECIAL NOTES:

Supreme Court Rejects Longarm Jurisdiction in New Jersey for Person Injured by Machine There, Because British Manufacturer Didn't Specifically Target State for Its Products

NEW LAWS:

New CPLR 306-c Requires Personal Injury Plaintiff Given Medical Assistance by Public Unit to Notify Unit When Suing on Claim
New Law Consolidates Banking and Insurance Departments Into One "Department of Financial Services"
New CPLR 3409 Requires Settlement Conference in Medical, Dental, and Podiatric Malpractice Actions

GENERAL PRACTICE:

Pendency of Order to Show Cause (Denied) as Well as Pendency of Follow-Up Motion Made on Notice (Granted) Are Both Tolls That Extend Statute of Limitations on Notice of Claim Against City
Two 3d Dep't Cases Hold Police Departments Liable for Counsel Fees for Unreasonably Denying Data Requested Under FOIL
Divided 4th Dep't Finds Ambiguous Colloquy on Polling to Nevertheless Be Waiver by Defendant of Right to Poll
Divided 1st Dep't Upholds Adverse Inference Charge Based on Store's Destruction of Pertinent Video Tape

ARTICLE HEADLINES

Feature Article:

U.S. SUPREME COURT EXTENSIVELY REVIEWS LONGARM JURISDICTION
Tire Made by U.S. Company's Foreign Affiliate, Causing Injury to U.S. Citizen Abroad, Doesn't Give Citizen's Home State Jurisdiction Over Affiliate

New Laws:

NEW LAW: CPLR 306-c
New CPLR 306-c Requires Personal Injury Plaintiff Given Medical Assistance by Public Unit to Notify Unit When Suing on Claim

NEW LAW ON FINANCIAL SERVICES 2011
Overhaul Consolidates Banking and Insurance Departments Into One "Department of Financial Services"

NEW LAW: CPLR 3409
Settlement Conference Required in Medical, Dental, and Podiatric Malpractice Actions

Special Note:

MORE ON LONGARM JURISDICTION
Supreme Court Rejects Longarm Jurisdiction in New Jersey for Person Injured by Machine There, Because British Manufacturer Didn't Specifically Target New Jersey for Its Products

General Practice Points:

MOTIONS TO FILE LATE NOTICE OF CLAIM
Pendency of Order to Show Cause (Denied) as Well as Pendency of Follow-Up Motion Made on Notice (Granted) Are Both Tolls That Extend Statute of Limitations on Notice of Claim Against City

DISHONORING FOIL DEMAND
Two Third Dep't Cases Hold Police Departments Liable for Counsel Fees for Unreasonably Denying Data Requested Under FOIL

POLLING JURY
Divided 4th Dep't Finds Ambiguous Colloquy on Polling to Nevertheless Be Waiver by Defendant of Right to Poll

PENALTY FOR SPOLIATION
Divided 1st Dep't Upholds Adverse Inference Charge Based on Store's Destruction of Pertinent Video Tape