Ben Bedell

Ben Bedell

June 07, 2016 | New York Law Journal

Temp Agency May Be Liable for Murder by Its Employee

A temporary employment agency can be held liable to the family of prominent Manhattan real estate broker Linda Stein, who was bludgeoned to death by a personal assistant employed by the agency, a Manhattan judge has ruled.

By Ben Bedell

14 minute read

June 03, 2016 | New York Law Journal

Elements of Fraud Absent, Panel Says in Dismissing $70M Suit

Dismissal of a fraud suit brought by a prominent private equity fund against stockholders of an Israeli company was warranted, as the complaint failed to satisfy any of the three components of a fraud claim, an appellate court ruled.

By Ben Bedell

12 minute read

June 03, 2016 | New York Law Journal

Panel Reinstates Allegations of Police Excessive Force

An elderly radiologist who alleges an NYPD officer caused pain and suffering from placing handcuffs on his hand rather than his wrist during his arrest for driving with a suspended license, and then closing the handcuffs too tightly, has had his suit reinstated.

By Ben Bedell

4 minute read

June 03, 2016 | New York Law Journal

Court Upholds Local Law Requiring Housing Disclosure

The New York City Council was within its rights to pass Local Law 44, which mandates the creation of a website tracking information about awarding and monitoring contracts with developers who work on subsidized housing projects, the First Department held.

By Ben Bedell

5 minute read

May 31, 2016 | New York Law Journal

Retention of Hard Drive in 'Good Faith,' Full Circuit Says

Without reaching the ultimate issue of whether the government's actions violated the Fourth Amendment, the Second Circuit, sitting en banc, held Friday that the 2 1/2-year retention of seized hard drives, followed by a new search of them leading to a tax evasion conviction, was allowable.

By Ben Bedell

6 minute read

May 27, 2016 | New York Law Journal

Suit by Lawyer Banned From SoulCycle Dismissed

A lawyer who sued SoulCycle for terminating his membership, alleging it was retaliation for having represented a SoulCycle employee in a wages-and-hours case against the popular workout chain, had his case dismissed Thursday by the First Department.

By Ben Bedell

8 minute read

May 27, 2016 | New York Law Journal

Ruling Bars Arbitrator From Modifying Original Award

A Brooklyn appeals panel has affirmed a lower court's holding that an arbitrator may not "modify" a ruling two years after making it based on "new information in the matter."

By Ben Bedell

7 minute read

May 27, 2016 | New York Law Journal

Trial Rule Proposal Supports Use of Witness Affidavits

A proposed Commercial Division rule aimed at promoting the use of affidavits rather than live direct testimony in bench trials has been released for comment by the Administrative Board of the Courts.

By Ben Bedell

4 minute read

May 25, 2016 | New York Law Journal

Citing Double Jeopardy, Panel Reverses Conviction

A trial court that convicted a defendant of a lesser included charge without first stating before summations that the lesser charge would be considered did not cure the error by allowing defense counsel to reargue his summation several months later, the First Department said.

By Ben Bedell

2 minute read

May 24, 2016 | New York Law Journal

Finding No Evidence of Fraud, Circuit Reverses $1.27B Verdict

A Bank of America predecessor, Countrywide Home Loans, was accused of knowingly selling defective home mortgages to Fannie Mae and Freddie Mac as the 2008 financial crisis accelerated. But a unanimous panel of the Second Circuit accepted defense arguments that all the government had proven was an intentional breach of contract by Countrywide.

By Ben Bedell

15 minute read