Index
October 06, 2005
Everything contained in this issue in an easy-to-follow format.
A Possible Need to Amend CPLR ' 6501
October 06, 2005
A recent decision of the Supreme Court, N.Y. County, in a landlord-tenant dispute has highlighted the extreme difficulty facing an owner when a notice of pendency is filed against its realty in an action arguably affecting the title to, possession, use or enjoyment of, the owner's real property, CPLR ' 6501.
Real Property Law
October 06, 2005
Writ Of Assistance Upheld As to Non-Parties in Foreclosure Action Citibank, N.A. v. Plagakis NYLJ 8/15/05, p. 32, col. 1 AppDiv, Second Dept (memorandum…
Development
October 06, 2005
Recent rulings of importance to your practice.
Practice Tip: New Federal Rules for Electronic Discovery May Become Effective in 2006
October 05, 2005
In June 2005, the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States approved comprehensive amendments to the Federal Rules of Civil Procedure regarding discovery of electronically stored information ('ESI'). These amendments were next presented to the Judicial Conference on Sept. 20, 2005 and then to the U.S. Supreme Court and Congress. In their present forms, the amendments would become effective as of Dec. 1, 2006. These e-discovery rule amendments include changes to FRCP Rules 16, 26, 33, 34, 37, and 45, and focus on five areas: 1) early attention to e-discovery issues, 2) discovery of ESI that is not reasonably accessible, 3) procedure for asserting privilege after production, 4) interrogatories and requests for production of ESI, and 5) sanctions and a safe harbor for certain lost ESI.
Wisconsin State Compensation Caps Held Unconstitutional
October 05, 2005
Doctors in Wisconsin and in other states are not the only ones worried about the Wisconsin Supreme Court's recent decision invalidating caps on noneconomic damages in medical malpractice cases in that state. Patient advocates, insurers and other business group representatives are also very concerned that the strides they've made in reigning in malpractice insurance premiums are in jeopardy.
In the Aftermath of Katrina
October 05, 2005
In the aftermath of Hurricane Katrina, people from all walks of life and from all corners of the world want to reach out to do what they can to help the victims of this unfathomable disaster. Schoolchildren are raising pennies to help those in need while relief organizations send supplies from all regions of the country. On the ground where this disaster struck in Louisiana and Mississippi, however, thousands of caring individuals have been providing emergency first aid and medical care to their neighbors in need. When licensed health care workers respond to the urgent needs of the hurricane's victims, what kinds of liability might they be opening themselves up to?
