Wednesday, December 29, 2004

New York DMV head defends tough rules against immigrants

After 9/11, New York DMV has taken the lead in cracking down on fraudulantly obtained drivers licenses. The Daily News, in a confusingly written article, quotes DMV Commissioner Raymond Martinez, who defends his agency's anti-fraud tactics. Immigrant groups have been opposed to the new measures because they have the effect of harming immigrants who may not have a valid social security number from obtaining a license. more...>

Tuesday, December 28, 2004

Does legal history affect a country's economy?

Malaysia and Indonisia are two Asian nations that share a common backround. They are similar in terms of geography, religion and they speak the same language. However, the citizens of Malaysia are three times more prosperous. The Malaysian legal system, like the US, is based on English common law. As a Dutch colony, the Indonisian legal system is premised on French civil law. Are countries based on English common law more economically successful than those based on French civil law? more...>

Monday, December 27, 2004

New laws for the new year.

Even though it was one of the least productive years for the New York State legislature, dozens of new laws will take effect on the first day of the new year. Among the new state laws are a hike in the minimum wage and slight cut in the personal income tax. more...>

Thursday, December 23, 2004

Manipulators or straight shooters?

According to the blawg Uncivil Litigator, there are two types of lawyers: manipulators and straight shooters. The manipulators, practice their trade with dishonesty and lack of decency. more...>

Wednesday, December 22, 2004

The best new legal websites of 2004

Robert Ambrogi of Lawsites lists a roundup of the best of 2004 non-blog legal websites.

Tuesday, December 21, 2004

Legal believe it or not?

The New York Daily News lists a few strange lawsuits brought against the City of New York. Here is their list: "The case of the one eyed driver," "The case of the crooked car buyer," and "The case of the 16-year old shooting." more...>

Monday, December 20, 2004

Profile of Michael Cardozo

After filing a lawsuit against the City of the NewYork, an answer is usually filed on behalf of Michael Cardozo, General Counsel. But who is he and what exactly does he do? more...>

Friday, December 17, 2004

Personal Injury lawsuits against tire makers gaining traction

Auto accidents allegedly caused by tire-separation have been at issue in an increasing number of lawsuits. The suits allege that tires over six years old, even if they have not been used, could cause a fatal accident due to degredation of the treads. more...>

Thursday, December 16, 2004

Trial Lawyers battle it out over Fen-Phen lawsuits

The conservative daily, The New York Sun, reports on a fee dispute between two personal injury law firms over referral fees. Following a large Fen-Phen settlement, Parker & Waichman and Napoli Bern are duking it out. It may come as a surprise that the Sun casts the two law firms as greedy trial lawyers. more...>

Wednesday, December 15, 2004

Drafting Enforceable Sales Commission Plans

Looking to hire an employee on commission? Before drafting a contract, you should be aware of these tips.

Monday, December 13, 2004

City Bar latest to support No-Fault Divorce

The New York Times reported on November 30, 2004 about the effect of New York State's current divorce law, which requires one party to be "at fault" before a divorce may be granted. New York may be the only state that does not allow no-fault divorce.

Today, the Association of the Bar of the City of New York has urged legislators to ammend state law to allow "no fault" divorce. more...>

Friday, December 10, 2004

The Palsgraf family curse

Upon entering law school, one of the first cases taught in torts class is Palsgraf v. Long Island Railroad. The case involves an explosion that occurred at the LIRR's Jamaica Station and illustrates the theory of duty and proximate causation. Since the case has been decided in 1924, the Palsgraf family has been subject to numerous accidents. Is the Palsgraf family cursed? more...>

Thursday, December 09, 2004

Kosher Party Lawsuit

Thankfully the New York Post, in an exclusive combining the talents of two reporters, tells us that an Orthodox Jew is suing his employer - claiming that he was not fed kosher food at a holiday party. Moshe Marc Cohen, a former supervisor at National Provident, a large finanicial firm, is suing his former employer for discrimination. more...>

Wednesday, December 08, 2004

New seat belt law to take effect in 2008

The United States will require car manufacturers to provide shoulder and lap belts in the center seat by 2008. more...>

Tuesday, December 07, 2004

New York State hit with $42 million dollar verdict

The State of New York has been hit with a $42 million dollar verdict in a tragic accident case. The Court of Claims, which usually sides with the State, refused to permit the State to present expert testimony because they neglected to follow the judges scheduling order. more...>

Is following procedure more important than finding the truth or is this proper result because the State blatantly disregarded a judges order?

Monday, December 06, 2004

Automakers lobby for limits on lawsuits

Automakers are the latest group calling for tort reform. Consumer groups, such as Public Citizen, are gearing up for a battle. more...>

Thursday, December 02, 2004

Widow faces deportation

Following the New York Time's lead on Monday, the Washington Post places a human face on deportation. The article focuses on a widow who faces deportation after her husband was killed in a car accident. more...>

Tort reform scorecard: both sides claim victory

Another assessment of the tort reform battle in the past election may be found here.
The final score - a virtual tie.