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Recent Articles from Pat Murphy
Self-driving cars to usher in new age for PI lawyers
While self-driving vehicles may eventually spell the end of auto accident cases as the staple of a personal injury attorney’s practice, experts see ample room for litigation between now and the time the technology becomes widespread and perfected. One lawyer who can conceive of the possibility that those entering the personal injury field today just […]
Daughter’s ‘culture shock’ no reason to cancel deportation
BOSTON, MA — Whatever one’s position is on illegal immigration, most would agree that rarely are there good solutions when children are caught up in the federal government’s efforts to remove those who entered the country without proper documentation. For example, what happens when the government seeks to remove the parents of a child who […]
Second Circuit: Writing requirement violates Fair Debt Act
A debt collection notice violated federal law by stating that the debtors could only dispute the validity of their debts in writing, the U.S. Circuit Court of Appeals for the Second Circuit ruled in reversing a dismissal, Hooks v. Forman, Holt, Eliades & Ravin, no. 12-3639-cv (May 29). Section 1692g of the Fair Debt Collection […]
Tax convictions increased in 2012, IRS reports
The Internal Revenue Service obtained 12 percent more tax convictions in 2012 than it did in 2011, according to an annual report on the agency’s criminal investigation operations. “The key to our successes is perseverance and dedication to working complex financial investigations aimed at stopping tax fraud, identity theft, offshore tax evasion, public corruption, money […]
Court to clarify ‘non-infringement’ burden of proof
The U.S. Supreme Court will decide whether a patentee bears the burden of proving infringement when its licensee brings a declaratory judgment action to establish non-infringement. The court will review a decision from the U.S. Court of Appeals for the Federal Circuit. In Medtronic, Inc. v. Boston Scientific Corp., the Federal Circuit decided that the […]
Supreme Court: Decision clarifies bankruptcy discharge standard
The U.S. Supreme Court has clarified that proof of malicious intent is not required to prevent the bankruptcy discharge of a debt that arose from a trustee’s self-dealing. “Where actual knowledge of wrongdoing is lacking, we consider conduct as equivalent if the fiduciary ‘consciously disregards’ (or is willfully blind to) ‘a substantial and unjustifiable risk’ […]
Attorney wins client verdict of $130M
Defense attorneys were having a good laugh back in 2009. The snickering was over the story of a well-known medical malpractice lawyer who lost his case after turning down an $8 million settlement offer. But no one’s laughing now. Manhattan lawyer Thomas A. Moore turned initial defeat in a birth injury case into the second-largest […]
Bankruptcy stay violated by car repo
A car lender willfully violated the automatic stay in a Chapter 13 case by failing to return a repossessed vehicle to the debtor promptly after receiving notice of his bankruptcy petition, the U.S. Court of Appeals for the Second Circuit ruled in affirming judgment, Weber v. SEFCU, no. 12-1632-bk (May 8). The defendant held a […]
Lawmakers look to ban arbitration
Senator Al Franken, D-Minn., has reintroduced a bill that would prohibit the enforcement of mandatory arbitration clauses against employees and consumers. The Arbitration Fairness Act of 2013, introduced this month as S. 878, provides that “no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of an employment dispute, consumer dispute, antitrust […]
Court of Appeals deals with roaming cow
When a non-local imagines New York state, it’s hard not to think of New York City with its millions of people crammed among towering concrete and steel boxes. But anyone who has actually driven through the state, or lives here, knows the landscape is dotted with farms — thousands of them. That’s why it seems […]
Commentary: Court erases commuter’s $7.7M slip-and-fall verdict
A New Jersey court on Thursday overturned a $7.7 million award to a commuter who slipped on wet floor mats at a train station outside New York City, rejecting the notion that the regional transit authority had a heightened duty of care. “Because plaintiff was injured while walking through a corridor and not while riding […]
Gov’t won’t appeal ruling on graphic cigarette warnings
Department of Justice has decided not to appeal a court decision striking down the Food and Drug Administration’s new graphic warnings on cigarette packages on First Amendment grounds. “The Solicitor General has determined … not to seek [U.S.] Supreme Court review of the First Amendment issues at this time,” wrote U.S. Attorney General Eric H. […]
Case Digests
- Court of Appeals – Speedy trial: People v. Justice A.
- Fourth Department – Traffic stop: People v. McMillon
- Second Circuit – Fair Labor Standards Act: Abbott v. Comme Des Garcons, Ltd.
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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