CASES & COURTS
On NYLJ.com
- Practice Areas
- This Week's News
- Outside Counsel
- Technology Today
- Corporate Update
- Real Estate
- NYLJ Columnists
- Essays
- Letters to the Editor
- Calendar of Events
- Book Reviews
- Solos & Small Firms
- Young Lawyers
- Law Students
- Pro Bono
- GC New York
- Election 2009
- Judicial Pay Impasse
- At the Capital
- NYLJ 100
NYLJ SERVICES
Featured Sponsors
FEATURED
Free Breaking News: Atlantic Yards Project Clears Major Hurdle As Court of Appeals Upholds Use of Eminent Domain
A view of the east end of the site for the proposed Atlantic Yards development taken in October 2008
The power of eminent domain can legally be invoked to purchase and clear private property for developer Bruce C. Ratner's massive Atlantic Yards project, the state Court of Appeals ruled this morning. Four of the seven judges, in a majority ruling by Chief Judge Jonathan Lippman, said the state had sufficiently shown that the project area containing the private parcels was "blighted" and subject to condemnation under the state Constitution, although Judge Lippman conceded that definitions of urban blight that were established during the Great Depression may have to be updated. Two other judges, Susan Phillips Read and Eugene F. Pigott Jr., concurred on the grounds that the challenge is time-barred. Judge Robert S. Smith authored a dissent.
DECISION OF THE DAY
Matter of Walton v. New York State Department of Correctional Services
NEW YORK STATE COURT OF APPEALS
Civil Rights
Free With Registration: Surcharges on Prisoners' Collect Calls Upheld
More Decisions of Interest...lawjobs.com Featured Ad
Garden City trusts and estates law firm seeking an experienced junior level associate to handle real estate, estate planning and elder law matters. Excellent writing ability, good interpersonal and organizational skills. Heavy client/attorney/staff contact. Competitive salary, medical benefits, 401(k) plan and congenial work environment. Email resume with salary requirements to GCLAW11530@gmail.com.
FEATURED COLUMNISTS
Free With Registration: Health Law
Tuesday, November 24, 2009
Francis J. Serbaroli, a shareholder in Greenberg Traurig, offers an overview of the law and the proposed regulations, which he notes are quite complex. GINA, he cautions, opens up a wide array of new compliance requirements, and it is no longer enough for health insurers and health benefit plans to comply with HIPAA and state law requirements.
Trial Practice
Tuesday, November 24, 2009
Robert S. Kelner, senior partner at Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, write that it has been almost a year since the horrifying moment when a Wal-Mart worker was trampled to death and customers injured on the Friday after Thanksgiving. This occurred after a crowd of approximately 2,000 shoppers burst through the front doors of a Wal-Mart store in Valley Stream in a race for a limited supply of advertised sale items. Investigations that followed made it clear that there was inadequate crowd management. This holiday season is an appropriate time to analyze the duty of care of those in control of the sites of mass gatherings to protect participants from the foreseeable dangers of overexcited crowds and acts of violence in those settings.
More Featured Columnists...SPONSOR SPOTLIGHT
TECHNOLOGY TODAY
Rulings Address Defamation On Interactive Sites, in E-Mail
Tuesday, November 24, 2009
Mark A. Berman, a partner at commercial litigation firm Ganfer & Shore, writes that attorneys should know that the creation and/or use of "interactive" Web sites may cause a site operator or a blogger to be subject to jurisdiction in New York. Individuals using social networking and interactive sites also should be mindful, he cautions, that, depending on the alleged wrongful conduct, courts may not permit their identity to remain anonymous.
Note to Readers
The New York Law Journal will not be published Thursday in observance of Thanksgiving. All state and federal courts are closed.
FROM THE NEXT ISSUE
- Surcharges on Calls From Prison Found Not to Be an Unjust Tax
- Court Dismisses Snyder's Claims That Bronfman Owed Him Compensation for Role in Music Deal
- Appellate Term Upsets Damages Award Granted to Roommate
- Circuit Retroactively Applies Case Law on Maritime Attachment Orders
- News In Brief
- Ex-Pa. Judges in 'Kids for Cash' Scandal Win Partial Civil Immunity
SPONSOR SPOTLIGHT
OUTSIDE COUNSEL
Federal Courts Split on Climate Change Litigation
Tuesday, November 24, 2009
Brian A. Bender, a partner at Harris Beach, discusses recent decisions from the Second and Fifth Circuits which allowed climate-change-as-public-nuisance claims to go forward, and one from the Northern District of California which dismissed a similar complaint. A close examination of these decisions reveals notable holdings as well as actual and potential circuit splits that may ultimately require Supreme Court review. Chief among these are questions concerning the political question doctrine, proprietary standing and parens patriae standing.
More Outside Counsel columns...
REAL ESTATE TRENDS
Financing
Wednesday, November 18, 2009
Jeffrey B. Steiner, a member of DLA Piper, and Zachary Samton, counsel to the firm, write that borrowers need to consider the relative risks carefully when deciding whether to cease paying real estate taxes or take other actions which might constitute a form of economic waste and must be careful that such actions do not trigger personal liability under a non-recourse carve-out guaranty.
More from Real Estate Trends...CORPORATE UPDATE
Free With Registration: Corporate Securities
Thursday, November 19, 2009
John C. Coffee Jr., the Adolf A. Berle professor of law at Columbia University Law School and director of its center on corporate governance, writes: "The Supreme Court has granted certiorari in, and will soon resolve, three related cases, all involving the scope of 'honest services' fraud under 18 U.S.C. §1346. By itself, this is unusual, because the Court usually takes only a single case and remands related cases for reconsideration in light of its decision. Also unusual is the fact that the Court is reconsidering the scope of mail and wire fraud, as §1346 was passed by Congress as a direct rebuff to the Supreme Court following the Court's last attempt (two decades ago) to trim the ineffably broad scope of the mail and wire fraud statutes."
More from the Corporate Update...SPECIAL REPORTS AND MAGAZINES
Real Estate Law & Practice
Monday, November 23, 2009
In this Special Section from the New York Law Journal: "City Brownfield Program Meets an Important Need," "Class-of-One Claimants Continue to Sue" and "New York Title Policy Endorsements Change."
Also, in the highlighted article from this section,
Free With Registration: Federal Relief for Distressed Commercial Market
Andrew Lance and Romina Weiss, partners at Gibson, Dunn & Crutcher, and Daniel Wasserman, an associate at the firm, write that the concurrent release of final regulations by Treasury Department and a revenue procedure by the IRS governing the U.S. federal income tax treatment of collateralized mortgage-backed securities held by a real estate mortgage investment conduit, followed shortly by comprehensive revised guidance for commercial real estate loan modifications from the Federal Reserve, demonstrate a welcome heightened focus at the federal level on the expanding crisis in commercial real estate that until now has been overshadowed at the regulatory level by efforts to deal with a parallel crisis affecting residential real estate. Practitioners providing counsel regarding distressed real estate need to become familiar with these developments, as part of the framework for crafting approaches to address existing, imminent or anticipated distress at commercial real estate assets.
More Special Reports and Magazines...- Administrative Law
- Admiralty
- Alternative Dispute Resolution
- Antitrust
- Appeals
- Attorneys Fees
- Banking
- Bankruptcy
- Business Law
- Civil Practice
- Civil Rights
- Commercial Law
- Communications
- Constitutional Law
- Consumer Protection
- Contracts
- Creditors and Debtors Rights
- Criminal Practice
- Damages
- Election Law
- Employment
- Energy and Natural Resources
- Environmental Law
- Evidence
- Family Law
- Government
- Health Law
- Immigration Law
- Insurance Law
- Intellectual Property
- International Law
- International Trade
- Internet Law
- Judges
- Juvenile Law
- Labor Law
- Landlord/Tenant Law
- Land Use and Planning
- Legal Profession
- Media Law
- Military Law
- Motor Vehicles
- Native American Law
- Personal Property
- Products Liability
- Public Utilities
- Real Property
- Schools and Education
- Social Services Law
- Taxation
- Torts
- Transportation
- Trusts and Estates
- Unemployment Compensation
- Workers Compensation
