Litigation

This article focuses on whether an out-of-the-money unsecured creditor with an unliquidated claim has standing to object to a gift plan.

Article 78 proceedings between landowners and municipalities are a staple for New York's court system, often reaching the Appellate Division on disputes that seem insignificant to the outside observer.

Recent key rulings of importance.

Continuing last month's discussion of the appellate decisions in two cases concerned with the propriety of ex-parte physician interviews in the context of medical malpractice litigations.

Recent rulings of interest.

CHOICE OF DOMICILE
SINGLE PUBLICATION RULE
TRANSFORMATIVE USE DEFENSE

In cyberspace, the activities of ostensible rogue Web sites ' many attacking U.S. commercial interests or preying on our citizens in a variety of endeavors ' include copyright infringement, illegal gambling and pornography, to name a few. Web site domain seizures may be the 21st-century digital equivalent of 20th-Century gang busting police raids on the haunts of criminal organizations. In place of the remnants of destroyed contraband, a subsequent visitor to these targeted Web sites may instead confront a message left by court order, declaring that the site has been "taken down" for certain illegal activities.

Snow is melting, seed catalogs are arriving, and eyes have turned to Spring Training. Some baseball fans are also turning their attention to the U.S. District Court for the District of Columbia to follow the recent developments in U.S. v. Clemens. The indictment charges player Clemens with six counts: three counts of making false statements to Congress, two counts of perjury and one count of obstruction of Congress.