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By Leo K. Barnes Jr.* Last month we addressed the transformation of a criminal court plea or guilty verdict into civil court liability, relying upon collateral estoppel. This month we take a step back. Assume that [...] By Leo K. Barnes Jr.* Introduction For civil counsel engaged to right criminal wrongs committed by a Corporation’s former officer or employee, the frustration of the delays incident to a parallel criminal proceeding can nonetheless ultimately bear fruit [...] By Leo K. Barnes Jr.* The adage “money isn’t everything” has particular significance for injunction applications. A January 2011 decision by Eastern District Judge Nicholas Garaufis reminds counsel that no matter how solid a liability and damages [...] By: Leo K. Barnes Jr. In a recent column, we addressed recent Appellate Division authority concerning the ultimate sanction for failure to disclose, a CPLR 3126 Order striking a pleading. In December, the Court of Appeals issued Gibbs v. St. Barnabas Hospital, 2010 N.Y. Slip. Op. 09198 (2010) [...] By: Leo K. Barnes Jr. In two opinions issued on the same day this spring, the First and Second Departments continued a trend of affirming trial court rulings striking pleadings pursuant to CPLR 3126 once a willful failure to disclose is documented. Although the result is severe, both the [...] By: Leo K. Barnes Jr.* With Plaintiffs seeking to maximize a source of recovery and Defendants seeking to minimize the same, discovery in commercial matters may focus upon the liability of an individual shareholder for a claim asserted against a corporation. Plaintiffs are quick to name shareholders as defendants [...] By: Leo K. Barnes Jr.* A recent mid-winter decision from Central Islip Eastern District Judge Sandra Feuerstein provides a stark reminder to counsel for Plaintiffs to scrutinize documentation annexed as exhibits to a Complaint as the same may later haunt the Plaintiff as a basis for dismissal. In Levista Inc. v. Ranbaxy Pharmaceuticals Inc., [...] By: Leo K. Barnes Jr.* Many initial pleadings in the Commercial Division are accompanied by an Order to Show Cause seeking to enjoin something, by virtue of an application for a preliminary injunction and, possibly, a temporary restraining order until the preliminary injunction application is resolved. Ultimately an application is resolved either by a [...] By: Leo K. Barnes Jr.* In mid September, approximately 30 practitioners, several Justices and Court personnel participated in the inaugural training session for the Suffolk County’s Commercial Division Mediation Program. The training, which consisted of 24 hours over three days, was presented by Simeon Baum, Esq. and Stephen Hochman, Esq., conducted at the Suffolk [...] |
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