Thank you for sharing!

Your article was successfully shared with the contacts you provided.
SUIT TESTS N.Y. SYSTEM OF NOMINATING JUSTICES New York state’s system of nominating Supreme Court candidates at political conventions was challenged Thursday on constitutional grounds in a federal lawsuit. The Eastern District complaint said the system gives political party leaders such a stranglehold over the selection process that it “effectively” deprives New Yorkers of their First Amendment right to vote. Among the challengers are Civil Court Judge Margarita Lopez Torres and former Family Court Judge Philip Segal, both of whom claim that their aspirations to win Democratic nominations for the Supreme Court were thwarted by the “byzantine” convention process. The core of the plaintiffs’ claim is that the process of selecting delegates to party judicial district conventions is so onerous that political leaders have exclusive control over nominations. Three times as many signatures are needed to nominate a slate of insurgent convention delegates as are required to run in a countywide primary for Civil Court, the complaint notes. The state Democratic Party chairman, Assemblyman Herman Farrell, disputed the notion that it is politically more difficult to mount a Civil Court primary than it is to win a Supreme Court nomination without leadership backing at a convention. In any event, he said, the fact that in New York City 10,000 people are involved in the petition-gathering and convention process indicates the system is a “broad-based” exercise in “representative democracy.” — New York Law Journal COMMENTS KEEP WTC LEASEHOLDER OUT OF TRIAL NEW YORK — World Trade Center leaseholder Larry Silverstein’s out-of-court comments will at a minimum keep him out of the courtroom for the remainder of the trial over how much insurance companies must pay — $3.5 billion or $7 billion — toward the rebuilding of downtown. The only exception will be for his own testimony. Seeking to “protect the integrity of the trial,” Southern District Judge Michael Mukasey said comments Silverstein made at a press conference Monday violated the judge’s order for both sides to refrain from public statements that might influence the jury. For more than two hours Thursday, Judge Mukasey heard testimony from Silverstein and arguments from lawyers for the developer, the insurance companies, and Silverstein Properties on whether Silverstein should be held in civil contempt and what the consequences of such a finding should be. Silverstein’s press conference on the rebuilding of 7 World Trade Center was attended by a number of public officials and was supposedly focused on Silverstein’s commitment to hiring minority- and women-run firms in the project. But during the event, the developer said he was “fighting like hell” to get the money he deserved from the insurance companies — money that was critical to the future of downtown. The contempt hearing comes during the middle of the trial centering on the intent of the parties as to unfinished insurance agreements in place when the twin towers were destroyed on Sept. 11, 2001. — New York Law Journal DISCOVERY THAT’S MORE LIKE A DRUG RAID NEWARK, N.J. — As a former federal prosecutor, Steven Gerber knows that incriminating evidence can disappear down the toilet unless agents approach the target of an investigation without warning. But until March 13, 2000, he didn’t know you could spring such surprises in commercial litigation. That morning, lawyers for the 7-Eleven Corp. showed up without notice at his Wayne, N.J., firm, Gerber & Samson, with a search warrant requiring immediate production of documents 7-Eleven wanted in a case involving members of a trade group Gerber represented, the New Jersey Wholesale Marketers Association. 7-Eleven, which was alleging in a suit that franchisees and members of the trade group were defrauding the company by taking and paying unreported cash rebates on merchandise, was looking for evidence to prove its case. And Gerber’s firm couldn’t say no. That’s because 7-Eleven’s lawyers at Red Bank, N.J.’s Lebensfeld Borker & Sussman had approached Monmouth County Superior Court Judge Alexander Lehrer ex parte to express concern that documents would disappear if traditional discovery rules were used. He agreed, and signed an order permitting the no-warning procedure. “It was more like a drug raid than a simple request for documents,” complained Louis Dell’Ermo, a former Drug Enforcement Agency officer who is president of Gateway Security Inc., the marketing association’s security consultant. His office in Newark, N.J., and the trade group’s lobby firm in Trenton, N.J., Princeton Public Affairs Group, also were hit with the ex parte orders that morning. — New Jersey Law Journal

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.