NYSBA House of Delegates Meeting Webcast-4-04-09

NYSBA President Bernice K. Leber invites you to view the April 2009 House of Delegates Meeting Webcast.

The Webcast begins at 8:30 a.m. (EST) on Saturday, April 4, 2009 and you may access it at http://www.nysba.org/AprilHODWebcast.

Highlights of the meeting include reports from the Wrongful Convictions, Privacy, and Global Warming Task Forces. Informational reports from the Task Force on the State of Our Courthouses and the Special Committee on Solo and Small Firm Practice also are scheduled to be presented to the House.

We invite your feedback on the Webcast experience and encourage you to use the feedback link on the Webcast page.

FINDLAW: 03/31/09- Daily Opinion Summaries for U.S. Supreme Court

CRIMINAL LAW & PROCEDURE

Rivera v. Illinois, No. 07-9995
Provided that all jurors seated in a criminal case are qualified and unbiased, the Due Process Clause does not require automatic reversal of a conviction because of the trial court’s good-faith error in denying the defendant’s peremptory challenge to a juror. Defendant’s murder conviction is therefore affirmed.

GOVERNMENT LAW, INDIAN LAW, PROPERTY LAW & REAL ESTATE

Hawaii v. Office of Hawaiian Affairs, No. 07-1372
In an action to enjoin the sale of land owned by the State of Hawaii until final determination of native Hawaiians’ claims, the grant of the injunction is reversed, where the Apology Resolution did not strip Hawaii of its sovereign authority to alienate the lands the United States held in absolute fee and granted to the State upon its admission to the Union.

FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 3/31/09

ATTORNEY’S FEES, CONTRACTS, ETHICS & PROFESSIONAL RESPONSIBILITY

Samuel v. Druckman & Sinel, LLP, No. 39
In an action seeking a declaratory judgment that a fee-sharing agreement between lawyers was invalid, the Appellate Division’s order that Defendant referring attorney was not entitled to attorney’s fees awarded in connection with a judgment is reversed, where the plain terms of the agreement entitled Defendant to such fees.

CIVIL PROCEDURE, PROFESSIONAL MALPRACTICE

Duffy v. Vogel, No. 42
In Plaintiff’s appeal from judgment for Defendant in a medical malpractice trial in which the jury’s verdict was apparently contradictory, the trial court’s order denying Plaintiff’s request to poll the jury is reversed, where the denial of a request to poll the jury cannot be harmless error.
CRIMINAL LAW & PROCEDURE

People v. Kalin, No. 34
Defendant’s drug possession conviction is affirmed, where: 1) Defendant’s entry of a guilty plea forfeited his claim that the misdemeanor information was deficient; and 2) the information, in any event, adequately described the controlled substances at issue.

GOVERNMENT LAW, INJURY AND TORT LAW

McLean v. N.Y., No. 46
In an action for negligent supervision of a day care center by Defendant city, the denial of Defendant’s motion for summary judgment is reversed, where there was no special relationship between Plaintiff and the city that would permit a tort action.

GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE

10 East Realty, LLC v. Valley Stream, No. 32
In an Article 78 proceeding to annul a purchase-money mortgage in connection with the sale of municipal property to a private entity, judgment for Plaintiffs is reversed, where a purchase-money mortgage is not a “loan” under the Gift or Loan Clause of the New York Constitution.

INJURY AND TORT LAW, PRODUCT LIABILITY

Jaramillo v. Weyerhaeuser Co., No. 29
On a certified question from the U.S. Court of Appeals for the Second Circuit, the N.Y. Court of Appeals held that Defendant company that sold one of its used machines (itself purchased used) to a different company could not be held strictly liable for a workplace accident involving that machine, because Defendant was a casual seller.

Allison Shields: Using Social Networking to Build Your Law Practice

Lawyer Meltdown Newsletter – Using Social Networking to Build Your Law Practice

“Using Online Tools and Social Media to Build your Law Practice” is another excellent article from Allison Shields on her Lawyer Meltdown newsletter site. Allison breaks down the pros and cons of using social media to market your practice. She writes about solo and small firm lawyers, who report the results of their efforts.

eFileMyForms

Online 1099 Filing – eFile 1099s Online

You can now file your 2008 filings with eFileMyForms.

The deadline for 1099 & W-2 forms filed electronically is the end of March, 2009. eFileMyForms is an authorized IRS electronic filer, which can help you meet the deadline.
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Form 1099S can be filed through this service. Choose the “mail and efile” option for $3.49 per form.

FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 03/26/09

CIVIL PROCEDURE, COMMUNICATIONS LAW, CONTRACTS, INJURY AND TORT LAW

IDT Corp. v. Morgan Stanley Dean Witter & Co., No. 27
In an action for tortious interference with contract, the trial court’s order denying Defendant’s motion to dismiss the complaint is reversed, where Plaintiff’s claims were barred by the statute of limitations, with the exception of Plaintiff’s unjust enrichment claim, which was precluded by the parties’ written agreement.

CONTRACTS

Israel v. Chabra, No. 26
In response to a certified question from a federal court of appeals, the New York Court of Appeals held that, where the second of two conflicting provisions in a guaranty requires that any modification be in writing, N.Y. Gen’l. Obligations Law 15-301(1) does not alter the common-law rules of interpretation for determining which provision controls.
CRIMINAL LAW & PROCEDURE

People v. Bauman, No. 38
The dismissal of an indictment for depraved indifference assault is affirmed, where one count of the indictment charged eleven acts over an eight-month period and thus violated N.Y. Crim. Proc. Law 200.30(1)’s requirement that each count of an indictment charge only one offense.

EDUCATION LAW, ELECTIONS, INJURY AND TORT LAW

Shulman v. Hunderfund, No. 28
In a libel action by a public figure, the dismissal of the complaint is affirmed, where the record did not clearly and convincingly show that the statements in question were made with actual malice, because there was no showing that Defendant knew the statements to be false.

INJURY AND TORT LAW

Doe v. Roman Catholic Diocese of Rochester, No. 33
In a breach of fiduciary duty action based on sexual relations between a priest and parishioner, the complaint is ordered to be dismissed, where the bare allegation that Plaintiff was a “vulnerable congregant” was insufficient to establish that Plaintiff was particularly susceptible to Defendant priest’s influence.

FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 03/26/09

CRIMINAL LAW & PROCEDURE

People v. Bauman, No. 38
The dismissal of an indictment for depraved indifference assault is affirmed, where one count of the indictment charged eleven acts over an eight-month period and thus violated N.Y. Crim. Proc. Law 200.30(1)’s requirement that each count of an indictment charge only one offense.

Pet Airways

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With Pet Airways your pet will be flying in the main cabin, not in cargo. Pet Attendants will be caring for your pet’s needs. You can even monitor how your pet is doing.

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Coming soon…a potentially lucrative idea, which fills a need.

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Hat Tip to Tech Crunch.

FINDLAW: Daily Opinion Summaries for U.S. Supreme Court – 03/25/09

CRIMINAL LAW & PROCEDURE, SENTENCING

Puckett v. US, No. 07-9712
The plain-error test of Fed. R. Crim. P. 52(b), which instructs parties how to preserve claims of error, applies to a forfeited claim that the government failed to meet its obligations under a plea agreement, and applies in the usual fashion. Sentence for bank robbery is therefore affirmed.

FINDLAW: Daily Opinion Summaries for U.S. Supreme Court – 03/24/09

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS

Knowles v. Mirzayance, No. 07-1315
The District Court’s grant of Petitioner’s habeas petition is reversed, where, whether the state court’s denial of his ineffective assistance claim is reviewed under 28 U.S.C. section 2254(d)(1)’s standard or de novo, Petitioner failed to establish that his counsel’s performance was ineffective.