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      Number 123

May 2002
 

Overview of topics...

Lead Note:

  • DEPARTMENTAL DISPUTE: SECOND DEPARTMENT HOLDS THAT SUMMARY JUDGMENT ON LIABILITY IN PERSONAL INJURY CASE DOES NOT ESTABLISH "SERIOUS INJURY" TO SUPPORT COURT ACTION

General Practice:

  • New Letter of Engagement Rule Is Amended to Include Insurers, Clarify Notice re Arbitration, and Exclude Extrastate Cases
  • Federal Court Allows Email Service; Can a New York Court?
  • Where Trial Counsel Fails to Show or Get Substitute After Much Indulgence, Court Imposes Heavy Sanctions But Keeps Case Alive
  • Policies of Federal Civil Rights Statute May Deny Nonsettling Tortfeasor Reduction for Settlement Made by Other Tortfeasor
  • Court Discusses Role of Telephone Testimony by Witness That Party Could Have But Didn't Depose

Backlog Items:

  • In Suit Against Wholly Unliable Husband, No Relation Back Will Be Allowed to Preserve Claim Against Owner/Driver Wife
  • What Are the Parties' Obligations When Only One of Two Defendants Defaults in a Tort Case? Returning D's Late Answer Is Not the Answer
  • Reminder About Steps Needed to Add Party to Pending Action
  • Motion to "Renew" Based on Change in Law, While Not Strictly Time Limited, Can't Be Used to Revive Concluded Case

 ARTICLE HEADLINES


FEATURE ARTICLE:
DEPARTMENTAL DISPUTE: SECOND DEPARTMENT HOLDS THAT SUMMARY JUDGMENT ON LIABILITY IN PERSONAL INJURY CASE DOES NOT ESTABLISH "SERIOUS INJURY" TO SUPPORT COURT ACTION

GENERAL PRACTICE

LETTER OF ENGAGEMENT RULE:

New Rule, Which Just Took Effect March 4, 2002, Is Amended to Include Insurers, Clarify Notice re Arbitration, and Exclude Cases of Extrtastate Representation

SERVICE OF SUMMONS BY EMAIL?:
Federal Court Allows Email Service on Foreign Defendant; Can That Be Done in New York Practice?

"PREVIOUS ENGAGEMENT" WOES:
Where Trial Counsel Fails to Show or Get Substitute After Much Indulgence, Court Imposes Heavy Sanctions But Keeps Case Alive


 

TORT SETTLEMENTS:
Policies of Federal Civil Rights Statute May Deny Nonsettling Tortfeasor Reduction for Settlement Made by Other Tortfeasor

TELEPHONE DEPOSITIONS:
Court Discusses Role of Telephone Testimony by Witness That Party Could Have But Didn't Depose


BACKLOG ITEMS

RELATION BACK DOCTRINE:
In Suit Against Wholly Unliable Husband, No Relation Back Will Be Allowed for Claim Against Owner/Driver Wife



 

TAKING DEFAULT JUDGMENT:
What Are the Parties' Obligations When Only One of Two Defendants Defaults in a Tort Case? Simply Returning D's Late Answer Is Not the Answer

ADDING PARTIES:
Reminder About Steps Needed to Add Party to Pending Action

EXPLOITING CHANGE IN LAW?:
Motion to "Renew" Based on Change in Law, While Not Strictly Time Limited, Can't Be Used to Revive Concluded Case


         
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