law of the case new york

• Policing Within the Law: A Case Study of the New York City Police Department

Shane reviews by John Eterno.

• FBI Law Enforcement Bulletin
• Vol. 75 Nbr. 3, March 2006

• New York's Out-of-State Attorney Law Struck Down

Earlier this month, New York's 150 year-old law requiring out-of- state attorneys to have a physical presence in the state to practice law was declared unconstitutional by Northern District of New York Judge Lawrence E. Kahn in the case of Schoenefeld v. State of New York. Section 470 (of the Judiciary Law) discriminates against nonresident attorneys by requiring them to maintain offices in- state even though resident attorneys are not required to do the same," Judge Kahn wrote in agreeing with the plaintiff, a New Jersey- based solo practitioner. "Most importantly, under Section 470, nonresident attorneys bear a significant competitive cost that resident attorneys do not. ...

• Daily Record (Rochester, NY)
• October 12, 2011

• Notice: Ninth Circuit Rule 36-3 Provides that Dispositions Other Than Opinions or Orders Designated for Publication Are Not Precedential and Should Not Be Cited Except When Relevant Under the Doctrines of Law of the Case, Res Judicata, or Collateral Estoppel. At & T Corp., a New York Corporation, Plaintiff-Appellee, v. Fleming and Berkley, a Limited Partnership; and Frederick J. Fleming, an Individual, Defendants-Appellants., 131 F.3d 145 (9th Cir. 1997)

Appeal from the United States District Court for the Central District of California, No. CV-94-6024-GHK; George H. King, District Judge, Presiding. B...

• Federal Circuits

• Notice: Ninth Circuit Rule 36-3 Provides that Dispositions Other Than Opinions or Orders Designated for Publication Are Not Precedential and Should Not Be Cited Except When Relevant Under the Doctrines of Law of the Case, Res Judicata, or Collateral Estoppel. Fidata Trust Company New York, a New York Corporation, Colson Services Corp., a New York Corporation, Plaintiffs-Appellants, v. Community First Federal Savings and Loan, a Washington Corporation, Pacific First Financial Group, a Washington Corporation, Pacific First Bank, a Washington Corporation, Federal Savings and Loan Insurance Corporation, as Trustee for Community First Federal Savings and Loan, Defendants-Appellees., 946 F.2d 898 (9th Cir. 1991)

Before WALLACE, Chief Judge, and HUG and RYMER, Circuit Judges. MEMORANDUM* Fidata Trust Company N...

• Federal Circuits

• Same-Sex Marriage Recognized in N.Y. Probate Case

A same-sex marriage valid under Canadian law must be recognized in a state probate case disposing of one of the spouse's assets, a New York appellate court has ruled in affirming judgment. The defendant and the decedent were married in Canada, which recognizes same-sex marriages. The plaintiff is the brother of the decedent.

• Lawyers USA
• March 08, 2011

• Unpublished Disposition Notice: Sixth Circuit Rule 24(C) States that Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Sixth Circuit. New York Life Insurance Company, and New York Life Insurance and Annuity Corp., Plaintiffs-Appellees, v. John F. Gamble, Defendant-Appellant, Vernon F. Gamble, Jr., Defendant., 884 F.2d 1392 (6th Cir. 1989)

Before NATHANIEL R. JONES and ALAN E. NORRIS, Circuit Judges, and RICHARD B. McQUADE, District Judge.*...

• Federal Circuits

• Appropriation Art Back in Court: Hear Fair Use Case

The latest in a line of decisions interpreting what constitutes fair use under copyright law came from the Southern District of New York in March in the case of Cariou v. Prince and is now on appeal to the Second Circuit Court of Appeals. The decision by U.S. District Court Judge Deborah A. Batts found well-known appropriation artist/painter Richard Prince could not claim fair use of photographs he used in paintings displayed at the Gagosian Gallery from photographer Patrick Cariou. Prince claimed his work constituted original expression, but Judge Batts disagreed.

• Daily Record (Rochester, NY)
• May 27, 2011

• Notice: Ninth Circuit Rule 36-3 Provides that Dispositions Other Than Opinions or Orders Designated for Publication Are Not Precedential and Should Not Be Cited Except When Relevant Under the Doctrines of Law of the Case, Res Judicata, or Collateral Estoppel. United States, for the Use and Benefit of a New York Corporation, Fischbach & Moore, Plaintiff-Appellee, v. Leeth Construction, Inc., Defendant, and Clark R. Powell; Thomas S. Rhoades, Defendants-Appellants., 988 F.2d 126 (9th Cir. 1993)

Appeal from the United States District Court for the Central District of California, CV-90-0046-G; Earl B. Gilliam, District Judge, Presiding. C.D.Ca...

• Federal Circuits

• Notice: Ninth Circuit Rule 36-3 Provides that Dispositions Other Than Opinions or Orders Designated for Publication Are Not Precedential and Should Not Be Cited Except When Relevant Under the Doctrines of Law of the Case, Res Judicata, or Collateral Estoppel. 680 Fifth Avenue Associates, a New York Limited Partnership, By Its General Partner, 680 Realty Partners, a New York Limited Partnership; 54Th and Fifth Land Partners, a New Jersey Limited Partnership, By Its General Partner, 54Th Estate Corporation, a New Jersey Corporation, Plaintiffs-Appellants, v. Prudential Securities, Inc., a Delaware Corporation; Prudential Securities Group, Inc., a Delaware Corporation; Prudential-Bache Properties, Inc., a Delaware Corporation; American Capital Partners, a Texas General Partnership; Callaway Interests, Inc., a Texas Corporation; Carnegie Realty Holding Corporation, a Delaware Corporation; Tcap Corporation, A/K/a American Century Service Corporation, a Texas Corporation; and Summit Savings Association, a Texas..., 46 F.3d 1145 (9th Cir. 1995)

Before: D.W. NELSON, NORRIS, and BOGGS,* Circuit Judges. MEMORANDUM...

• Federal Circuits

• Unpublished Disposition Notice: Seventh Circuit Rule 53(B)(2) States Unpublished Orders Shall Not Be Cited or Used as Precedent Except To Support a Claim of Res Judicata, Collateral Estoppel or Law of the Case in Any Federal Court Within the Circuit. Anabel Mccutcheon, Plaintiff-Appellant, v. New York Stock Exchange Arbitration Commission, Et Al., Defendants-Appellees. in the Matter of Anabel Mccutcheon, Plaintiff-Appellant., 937 F.2d 610 (7th Cir. 1991)

Before CUDAHY, EASTERBROOK and RIPPLE, Circuit Judges. ORDER Anabel McCutcheon filed a suit in the district court alleging, as nearly as can be disce...

• Federal Circuits