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FEATURED
Circuit Faults Expert Testimony, Rejects MS-13 Gang Convictions
The improper admission of expert testimony that included hearsay about murders committed by a Long Island gang led a federal appeals court yesterday to reverse the convictions of two gang members. The U.S. Court of Appeals for the Second Circuit ruled that a state trooper testifying as an expert on the gang MS-13, or La Mara Salvatrucha, ran afoul of the U.S. Constitution's confrontation clause and the federal rules of evidence.
DECISION OF THE DAY
In re: Salomon Analyst Metromedia Litigation
U.S. COURT OF APPEALS, SECOND CIRCUIT
Business Law
Free With Registration: Analysts Placed on Same Footing as Stock Issuers For 'Fraud on Market' Misrepresentation Claims
More Decisions of Interest...lawjobs.com Featured Ad
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FEATURED COLUMNISTS
Medical Malpractice
Tuesday, October 7, 2008
Thomas A. Moore, senior partner of Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, write that the rules established over a decade ago in Brown v. New York City H&H Corp. quickly became the standard for evaluating AIDS-phobia claims in the state, but earlier this year, the Court of Appeals took up the issue and overruled one aspect of the Brown holding, while sanctioning a less restrictive aspect.
White-Collar Crime
Tuesday, October 7, 2008
Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write: Prosecutors sometimes appear to vie for placement in the Guinness Book of World Records for the longest sentence in a white-collar case. They are aided by the amorphous concept of loss calculation under a sentencing guidelines structure that equates jail time with often-inflated assessments of loss caused by the crime. However, some courts have begun to recognize the complexity of loss calculation analyses and have attempted to temper their consequences.
Family Law
Tuesday, October 7, 2008
Elena L. Greenberg, a senior partner at Fass & Greenberg, writes that an attorney's lien, established by the court or agreed to in writing by the client, enjoys a paramount priority over the claims of other creditors so long as the fund has been created by the attorney's efforts. Remaining creditors, generally, may enforce their claims only against that portion of the judgement remaining after the amount of the attorney's lien has been paid.5 The question then becomes, what options do you have to recover additional money owed to you?
More Featured Columnists...THE BACK PAGE
Free With Registration: Legal, Social Services Communities Prepare for Enactment of Safe Harbor Act
Friday, October 3, 2008
Proponents of a fundamental change in how the state's criminal justice system deals with juveniles arrested for prostitution are gearing up for a year-long effort at training prosecutors, police officers and the defense bar in new procedures and legal philosophy in the wake of the ground-breaking Safe Harbor Act. The new law shields sexually exploited youths from incarceration and criminal prosecution under juvenile delinquency proceedings, regarding them as crime victims rather than criminal perpetrators.
More from The Back Page...SPONSOR SPOTLIGHT
TECHNOLOGY TODAY
Free With Registration: A Global Paradigm for Protecting Data
Tuesday, October 7, 2008
David Bender, a solo practitioner, writes that the long-standing multinational opposition to much that the European Union has done in the privacy arena has had significant successes, but has not been potent enough to stop the steamroller. Nevertheless, the Asia-Pacific Economic Cooperation may now provide it with both a viable alternative and a focal point.
TOP STORIES
- Free With Registration: Judge to Recuse From AG Matters As Wife, Brother Settle Pension Cases
- Litigation-Standstill Agreement Reached To Permit Wachovia Settlement Talks
- Father's Examination of Son Did Not Create Liability, Judge Says
- Video Hookup
- Panel Upholds Denial Of Warranty Claim Over Mansion Work
- Supreme Court Opens New Term With Controversial Tobacco Case
- Free: Queens District Attorney Welcomes New Hires
- Newsbriefs
SPONSOR SPOTLIGHT
OUTSIDE COUNSEL
The Emergent Second Amendment
Tuesday, October 7, 2008
Steve Wasserman, an attorney with the Legal Aid Society and an adjunct professor at John Jay College of Criminal Justice, explores three principal issues raised by the U.S. Supreme Court in a arecent ruling: The extent of the distinct rights to keep, to bear, and to use guns in self-defense. Each of these, he writes, will dramatically affect New York law.
More Outside Counsel columns...Real Estate - Residential/Commercial
San Diego, CA
Pinkie@OnTheBeachSanDiego.com
www.OnTheBeachSanDiego.com
For more information see our ad in the Summer ’08 Classified Real Estate Quarterly.
REAL ESTATE TRENDS
Affidavit of Service
Wednesday, October 1, 2008
Warren A. Estis and William J. Robbins, partners at Rosenberg & Estis, review a recent decision where a Brooklyn Civil Court judge addressed whether the late filing of the affidavit of service deprives the court of personal jurisdiction over the respondent or subject matter jurisdiction over the proceeding, or whether it is a de minimus error subject to correction.
More from Real Estate Trends...CORPORATE UPDATE
Secured Transactions
Thursday, October 2, 2008
Alan M. Christenfeld, a senior counsel at Clifford Chance, and Shephard W. Melzer, a partner at Herrick, Feinstein, write that the statutory language prohibiting recipients from disclosing that they have received a National Security Letter is explicit, but the complexities of compliance with an NSL gag order may present challenges to large organizations. For financial institutions, this dynamic amplifies the critical importance of compliance management systems.
More from the Corporate Update...SPECIAL REPORTS AND MAGAZINES
Litigation
October 6, 2008
In this Special Section from the New York Law Journal: "The Rules On Punitive Damages," "The Reach Of Restraining Notices" and "Preserving Objections To Jury Charges."
Also, in the highlighted article from this section,
Free: Whose Fault Is It Anyway?
Robin A. Henry, a partner at Boies, Schiller & Flexner, writes that high stakes litigation, such as claims of improper margin calls on leveraged trades and claims contesting the enforceability of credit default swaps and other forms of credit protection, is increasingly being brought under state law. Such litigation often raises difficult damages and causation questions, but three core state law principles can provide a powerful mechanism for reducing and potentially eliminating damages.
MOST VIEWED ON NYLJ
- Newsbriefs
October 03, 2008 - 1991 Dissent Guides Judge In Gay Parental Rights Decision
October 06, 2008 - Complainant-Paid Attorneys Barred From Prosecuting
October 06, 2008 - Partners' Bid to Pierce Corporate Veil Goes Forward
October 03, 2008 - Free With Registration: Terror Convictions Are Upset Over Faulty Evidence Rulings
October 03, 2008
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