June 07, 2016 | New York Law Journal
Temp Agency May Be Liable for Murder by Its EmployeeA 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 SuitDismissal 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 ForceAn 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 DisclosureThe 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 SaysWithout 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 DismissedA 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 AwardA 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 AffidavitsA 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 ConvictionA 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 VerdictA 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
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