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July 24, 2012 |

Sole Proximate Cause: A Misunderstood Defense

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner of Kelner & Kelner write that although comparative negligence, no matter how extreme, is not a defense to liability under Labor Law §240(1), the courts have recognized a very limited defense based on the rare situation when a worker refuses to use provided safety devices. However, the defense is commonly interposed by defendants, even where plaintiff's actions visibly constitute, at worst, comparative negligence.
12 minute read
February 24, 2011 |

Gascon Puts Stamp on DA's Office

There's a new management structure, and some new titles, but top prosecutors are still on top.
3 minute read
September 13, 2010 |

UPLC Wins Contempt Case Against Nonlawyer, Immigration Business

In an unusual case, a Houston jury on Sept. 1 found that a non-attorney business owner and his immigration counseling service were in criminal contempt after they violated a permanent injunction 1,023 times that restricts them from representing clients in legal matters. Officials with the Unauthorized Practice of Law Committee (UPLC) say complaints about immigration consulting businesses run by nonlawyers are a problem in Texas. Many people who use such services do not speak English.
6 minute read
March 06, 2013 |

Rent Overcharge: Supreme Court Tackles Four-Year Rule

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel, partners at Rosenberg & Estis, analyze a recent dismissal of an overcharge complaint where DHCR, as affirmed by the New York County Supreme Court, held that the tenant had failed to prove that a variety of inconsistencies in the rental history amounted to fraud, and therefore the agency could not look beyond the four-year look back period.
8 minute read
September 27, 2010 |

Panel Faults Finding Lawyer Slipped Jury His Summation Notes

A judge's finding that an attorney in a wrongful-death action intentionally slipped his summation notes to the jury by including them within medical records did not constitute grounds for throwing out a $1.1 million settlement agreement that was reached as the jury deliberated, a unanimous Appellate Division, Second Department panel has ruled.
4 minute read
November 21, 2007 |

Defamation Suit Names Nominee For 4th Circuit

E. Duncan Getchell Jr., a nominee for the 4th U.S. Circuit Court of Appeals, has been accused of spreading defamatory statements about another Virginia lawyer in order to shore up his foundering nomination and shift blame for an $8 million court error.
2 minute read
December 21, 2010 |

Recent Actions

Following is a listing of executive and legislative action for the week of Dec. 13. Returning members and members-elect of the General Assembly are scheduled to begin a new legislative session in Harrisburg Jan. 4.
3 minute read
December 17, 2010 |

Indictment Raises Questions About Proper Role of In-House Counsel

On Nov. 9, a federal grand jury in Maryland handed up an indictment charging Lauren Stevens, a retired GlaxoSmithKline (GSK) attorney and vice president, with obstruction, concealment and false statements.
8 minute read
January 06, 2009 |

Banks May Lose $51M in Heller Dispute

A "clerical error" by Bank of America could mean it and Citibank will lose secured-creditor status, and have to return $51 million to Heller.
4 minute read
December 03, 2008 |

Prosecutor's Ban on E-mail From Adversary Triggers Legal Skirmish

Imagine, in the age of electronic communication, a lawyer accusing her adversary of "unprofessional behavior" and "sharp practices" for using e-mail instead of more traditional means to send her motion papers.
4 minute read

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