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Rick Borstein has posted more details on his site, Acrobat for Legal Professionals.
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BANKING LAW, BANKRUPTCY LAW, CIVIL PROCEDURE, DISPUTE RESOLUTION & ARBITRATION, ETHICS & PROFESSIONAL RESPONSIBILITY, INJURY AND TORT LAW, SECURITIES LAW
AG Capital Funding Partners v. State Street Bank and Trust Co., No. 114
In an action alleging breach of contract, violation of federal Trust Indenture Act, breach of fiduciary duty, and negligence based on defendant’s alleged failure to deliver debt transaction registration statements required to secure a debt, the court of appeals finds that: 1) plaintiffs’ contract and Trust Indenture Act claims were barred by a release previously executed by plaintiffs as part of a bankruptcy settlement and that no fiduciary duties existed; however; 2) because negligence claims were not barred by the release and there were issues of fact as to whether defendant owed and violated a duty of care, plaintiffs’ cause of action for negligence is reinstated.
CIVIL PROCEDURE, CORPORATION & ENTERPRISE LAW, JUDGMENT ENFORCEMENT
Landau, P.C. v. LaRossa, Mitchell & Ross, No. 99
A judgment dismissing a complaint without prejudice on the basis of a corporation’s lack of capacity does not have res judicata effect on a subsequent action brought by the corporation’s successor.
CORP. GOVERNANCE, CORPORATION & ENTERPRISE LAW, ETHICS & PROFESSIONAL RESPONSIBILITY, SECURITIES LAW
People v. Grasso, No. 120
In an action charging defendant Richard Grasso, former chairman and CEO of a public corporation, with receiving excessive compensation from NYSE, judgment for defendant is affirmed where: 1) each of the challenged causes of action sought to ascribe defendant’s liability based on the mere “size” of his compensation package; however; 2) the legislature’s specifically enacted statute requires more to overcome the hurdles of the business judgment defense.
CRIMINAL LAW & PROCEDURE
People v. Baret, No. 123
Guilty plea to drug related-offenses is affirmed where were no grounds to support defendant’s allegation that that his plea was involuntary as a result of being threatened by his co-defendant.
CRIMINAL LAW & PROCEDURE
People v. Montilla, No. 116
When the Penal Law does not define a particular term, it is presumed that the term should be given its precise and well settled legal meaning in the state’s jurisprudence, and thus borrowing the Criminal Procedure Law’s definition of a “conviction” to give meaning to the word “convicted” in Penal Law is justified.
ETHICS & PROFESSIONAL RESPONSIBILITY, INJURY AND TORT LAW
Marmelstein v. Kehillat New Hempstead: The Rav Aron Jofen Cmty. Synagogue, No. 115
In an action for breach of fiduciary duty against a cleric-defendant premised on his alleged inducement of a consenting sexual relationship which lasted for over 3 years, the court of appeals finds no breach of fiduciary duty when: 1) plaintiff had only shown that she was deceived by the cleric, not that she was vulnerable as to surrender her will and capacity to determine her own best interest; and 2) in absence of a prima facie showing of a fiduciary obligation owed by defendant, no cause of action can be maintained for an extended voluntary sexual affair between consenting adults, even if plaintiff could prove that her acquiescence was obtained through lies, manipulation, or other morally opprobrious conduct.
FOOD & BEVERAGES, LABOR & EMPLOYMENT LAW
Morales v. D & A Food Serv., No. 117
Summary judgment for defendant is reversed where: 1) plaintiff made a prima facie showing of entitlement to judgment as a matter of law on a Labor Code section 240(1) claim; and 2) nothing supported defendant’s contention of lacking the sufficient nexus with plaintiff for liability under section 240(1).
ADMINISTRATIVE LAW, COMMERCIAL LAW, CONTRACTS, PUBLIC UTILITIES, WHOLESALE
Morgan Stanley Capital Group Inc. v. Pub. Util. Dist. No. 1 of Snohomish County, No. 06-1457
In a case involving wholesale-energy contracts and the Mobile-Sierra doctrine under which the FERC must presume that the rate set out in a freely negotiated wholesale-energy contract meets the “just and reasonable” requirement imposed by law, judgment granting petitions for review of FERC decisions upholding certain contracts is affirmed where: 1) contrary to the Ninth Circuit’s view, the FERC was required to apply the Mobile-Sierra presumption in evaluating the contracts in this case and the FERC may abrogate a valid contract only if it harms the public interest; 2) the Ninth Circuit’s “zone of reasonableness” test, used to evaluate a buyer’s rate-challenge, fails to accord an adequate level of protection to contracts; but 3) nevertheless, two flaws in the FERC’s analysis provided alternate grounds for affirmance.
CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE
Dist. of Columbia v. Heller, No. 07-290
The District of Columbia’s prohibition on the possession of usable handguns in the home violates the Second Amendment to the Constitution, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense. The Second Amendment protects an individual’s right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.
CONSTITUTIONAL LAW, ELECTIONS, GOVERNMENT LAW
Davis v. Fed. Elec. Comm’n, No. 07-320
In the context of federal election law provisions that, under certain circumstances, impose different campaign contribution limits on candidates competing for the same congressional seat, the Court rules that sections 319(a) and (b) of the Bipartisan Campaign Reform Act of 2002 (BCRA) violate the First Amendment.
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