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Bills Would Allow Debt Purchase by Litigants
Despite the relative obscurity of New York's champerty statute, legislative efforts to amend it have ignited a fierce struggle among major players in the state's booming market in domestic and international debt. A proposed amendment would expressly allow investors to enforce debt claims that were purchased for $500,000 or more even when their sole intent was to sue when they bought the debt. Opponents contend the bill would improperly intrude into the judicial process by preempting Second Circuit review.Smith v. Lone Star Industries Inc.
Jury Must Resolve Question of Whether Barge �Trimmer� Qualifies as a Seaman Under Jones ActPrairie View A&M University v. Brooks
The evidence is legally insufficient to establish that the university had actual knowledge of the dangerous condition of steam entering the section of pipe that would be repaired. Absent proof of actual knowledge, the university was entitled to sovereign immunity.Verdict Set Aside Over Lawyer's Conduct
A Bronx judge set aside a $16 million jury verdict for what he called "reprehensible" conduct by one of New York's top medical malpractice attorneys, who challenged the judge in numerous heated exchanges. Supreme Court Justice Stanley A. Green said Thomas A. Moore of Kramer, Dillof, Livingston & Moore, "created a hostile climate that obscured the issues, rendered the trial unfair and was degrading to the institution of the Court."Stith v. Prudential Insurance Co. of America
Defendant's decision to discontinue plaintiff's long-term disability benefits, based solely on the conclusory, unsupported, and unexplained opinion of a doctor who never examined her and who overlooked the multiple, credible, contradictory opinions of her treating physicians and the medical records of severe pain associated with the condition from which she indisputably suffered, was not supported by substantial evidence and was arbitrary and capricious; plaintiff's motion for summary judgment is granted.Lennar Corp. v. Great American Insurance Co.
Defective construction resulting in damage to the insured's own work can constitute an "occurrence" as long as the resulting damage was unintended and unexpected.Trending Stories
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