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September, 2004
 

Overview of topics...

Lead Note:

FIRST MAJOR N.Y. CASE ON ELECTRONIC DISCOVERY REVIEWS PROBLEMS OF RETRIEVING STORED DATA, SHOWS HOW TECHNOLOGY CAN DIG OUT SUPPOSEDLY ERASED DATA, AND DISCUSSES WHO PAYS THE COSTS

Special Note:

  • May Service of Process Be Made in Courthouse? (Page 2)
  • Can Confidentiality Be Secured by Starting Action with CPLR 305(b) Notice Instead of Complaint?

General Practice:

  • Contract Claim Against Architect Is Found to Be Essentially Malpractice and Barred After Three Years
  • Case Shows That Virtually Intentional Conduct Is Needed for Punitive Damages
  • Physician's Affidavit Needed on Motion to Amend Personal Injury Complaint to Add Wrongful Death; Death Certificate Won't Do
  • Federal Advisory Committee Publishes Proposed Rules on Electronic Discovery; Calls for Comment

Backlog Items :

  • Though Driver of Jury Bus Is Subject to Tort Suit in Supreme Court, Juror Commissioner, as Bus Owner, Is Suable Only in Court of Claims
  • Is Motion to Reargue Deemed Timely While Appeal Is Pending?

 


 ARTICLE HEADLINES


FEATURE ARTICLE:

FIRST MAJOR N.Y. CASE ON ELECTRONIC DISCOVERY REVIEWS PROBLEMS OF RETRIEVING STORED DATA, SHOWS HOW TECHNOLOGY CAN DIG OUT SUPPOSEDLY ERASED DATA, AND DISCUSSES WHO PAYS THE COSTS

Special Note:

MAY SERVICE OF PROCESS BE MADE IN COURTHOUSE?

KEEPING COMPLAINT CONFIDENTIAL?
By Starting Action with CPLR 305(b) Notice Instead of Complaint, Need Later-Served Complaint Be Filed?

 

 


General Practice Points:

CLAIM AGAINST ARCHITECT
Contract Claim Against Architect Is Found to Be Essentially Malpractice and Barred After Three Years

PUNITIVE DAMAGES
Case Shows That Virtually Intentional Conduct Is Needed for Punitive Damages

AMENDMENT TO ADD CLAIM
Physician's Affidavit Needed on Motion to Amend Personal Injury Complaint to Add Wrongful Death; Death Certificate Won't Do

 

 


MORE ON E-DISCOVERY
Federal Advisory Committee Publishes Proposed Rules on Electronic Discovery; Calls for Comment

Backlog Items:

COURT OF CLAIMS JURISDICTION
Though Driver of Jury Bus Is Subject to Tort Suit in Supreme Court, Juror Commissioner, as Bus Owner, Is Suable Only in Court of Claims

TIME TO MOVE TO REARGUE
Is Motion to Reargue Deemed Timely While Appeal Is Pending?

 

         
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