May 19, 2016 | New York Law Journal
Ruling Bars Fendi From Collecting $34M From InsurerA retailer that knocked off the fashion company's goods had insurance policies covering any advertising-based injury it inflicted on its rivals, but the Second Circuit said that merely using the Fendi trademark on goods the retailer sold, and nothing more, doesn't amount to "advertising."
By Mark Hamblett
10 minute read
May 19, 2016 | New York Law Journal
Silver, Skelos to Remain Free Pending High Court RulingFormer Assembly Speaker Sheldon Silver's argument to stay out on bail pending the appeal of his public corruption conviction—and the date he was set to begin his prison sentence—have been pushed back while both sides await the U.S. Supreme Court's decision in the case of former Virginia Governor Bob McDonnell.
By Mark Hamblett
3 minute read
May 18, 2016 | New York Law Journal
Limits on Liability for Involuntary Confinement UpheldThe extended litigation over the Pataki administration's involuntary civil commitment of sexually violent inmates following the completion of their prison sentences came to an end Tuesday at the U.S. Court of Appeals for the Second Circuit.
By Mark Hamblett
5 minute read
May 17, 2016 | New York Law Journal
Psychiatrists Lack Standing in Insurance Dispute, Circuit FindsIndividual psychiatrists and psychiatric associations lack standing to sue health plans they claim discriminate against patients with mental illnesses and substance abuse disorders, a federal appeals court has held.
By Mark Hamblett
11 minute read
May 16, 2016 | New York Law Journal
Late Notice of Loss in Case May Restart Rehearing ClockIndigent defendants will get a second chance to pursue further appellate relief if their lawyers fail to tell them in a timely fashion that they have lost their federal appeal, the Second Circuit has ruled.
By Mark Hamblett
8 minute read
May 13, 2016 | New York Law Journal
Lacking 'Moral Compass,' Skeloses Get PrisonFormer Senate Majority Leader Dean Skelos and his son, Adam, were handed years-long prison terms Thursday for extortion and bribery schemes driven by the father's abuse of power and the son's lust for money.
By Mark Hamblett
15 minute read
May 11, 2016 | New York Law Journal
Lawsuit Over Excessive Medical Record Fees Is RevivedThe lower court had held that plaintiffs failed to show standing because their attorneys, and not themselves, had paid the medical record copying fees, but the Second Circuit said the complaint expressly alleged that the plaintiffs asked for medical records and paid the charge through counsel.
By Mark Hamblett
10 minute read
May 10, 2016 | New York Law Journal
Judge Rejects Handwriting Analysis in Forgery Dispute"For decades, the forensic document examiner community has essentially said to courts, 'Trust us.' And many courts have," Southern District Judge Jed Rakoff said. "But that does not make what the examiners do science."
By Mark Hamblett
6 minute read
May 10, 2016 | New York Law Journal
Prosecutor of Silver Returns to Morrison & FoersterFederal prosecutor Carrie Cohen is leaving the Southern District U.S. Attorney's Office to join Morrison & Foerster's securities litigation, enforcement and white-collar criminal defense and commercial litigation and trials practice groups.
By Mark Hamblett
2 minute read
May 10, 2016 | New York Law Journal
Full Circuit Won't Review Alien Tort Statute DecisionA majority of Second Circuit judges Monday rejected rehearing en banc the case of 'Jesner v. Arab Bank,' where plaintiffs alleged that the Jordan-based bank handled monies that were used by Palestinian terrorist groups for attacks on Israel.
By Mark Hamblett
2 minute read
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