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      Issue Number 251

November, 2012
 

Overview of topics...

LEAD NOTE:

  • Defendant Found Liable by Jury Loses Contribution Right Against Third-Party Defendant by Settling Before Judgment

GENERAL PRACTICE:

  • Arbitrator's "Retention" of Jurisdiction, While Sometimes Permissible, Can Be Negated by Language of Contract
  • Plaintiff Claiming Injury Undermined Enjoyment of Life Must Submit His Facebook Account for Review in Camera
  • Jail Is Not "Usual Place of Abode"; Service by Delivery to Relative at Address on Prisoner's License Is Okay
  • Filing of Bond Discharges Mechanic's Lien; To Retain Bond During Arbitration After Action Discontinued, Agreement Is Needed
  • Is Mediation Confidential in New York?

SPECIAL NOTES:

  • Court Reviews Federal "Supplemental" Jurisdiction Doctrine, Which Enables Federal Court to Entertain Claim Otherwise Beyond Subject Matter Jurisdiction

BACKLOG ITEMS:

  • In N.Y. Action Mother Brought Against Father Based on Illinois Child Support Judgment, Court Discusses Conditions for Entertaining a Stay
  • Divorce Action for Marriage That Fell Apart Years Earlier Is Timely Under Six-Months Requirement of "No-Fault" Statute

 


 ARTICLE HEADLINES


Feature Article

FORFEITING RIGHT TO CONTRIBUTION IN TORT CASE
Defendant Found Liable by Jury Loses Contribution Right Against Third-Party Defendant by Settling Before Judgment

arrow General Practice Points

ARBITRATOR'S POWERS
Arbitrator's "Retention" of Jurisdiction, While Sometimes Permissible, Can Be Negated by Language of Contract

DISCOVERY OF FACEBOOK ACCOUNT
Plaintiff Claiming That Injury Undermined Enjoyment of Life Must Submit His Facebook Account for Review in Camera 


 


SERVING PRISONER
Jail Is Not "Usual Place of Abode"; Service by Delivery to Relative at Address on Defendant's License Is Okay

MECHANICS' LIENS
Filing of Bond Discharges Lien; To Retain Bond During Arbitration After Action Discontinued, Agreement Is Needed

MEDIATION
Is Mediation Confidential in New York?

 

 


arrow Special Notes:

FEDERAL "SUPPLEMENTAL" JURISDICTION
Court Reviews Doctrine, Which Enables Federal Court to Entertain Claim Otherwise Beyond Subject Matter Jurisdiction

arrow Backlog Items:

ENFORCING FOREIGN JUDGMENT
In N.Y. Action Mother Brought Against Father Based on Illinois Child Support Judgment, Court Discusses Conditions for Entertaining a Stay

NO-FAULT DIVORCE
Divorce Action for Marriage That Fell Apart Years Earlier Is Timely Under Six-Month Requirement of "No-Fault" Statute


         
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