Siegel's Practice Review - May 2012 Headlines & Topics


May, 2012

Overview of topics...

LEAD NOTE:

Collecting Judgment from Garnishee in Federal Action: Because Federal Practice Has No "Special Proceeding", Ordinary Action Must Be Used

SPECIAL NOTE:

"Robo-Testimony": Court Denies Claim Because It Doubts Veracity of Credit Card Company Employee in Rote Attesting to Foundational Papers in Innumerable Actions

GENERAL PRACTICE:

Client's Seeking De Novo Review of Attorneys' Fees Award in Wrong Court Forfeits Review
If Law Authorizes Arbitrators to Subpoena Witnesses -- as New York Law Does -- AAA Rules Allow Them to Do So Sua Sponte
Oath Taken Before U.S. Vice Consul at Embassy in Foreign Country Does Not Need Certificate of Authentication

BACKLOG ITEMS:

Factors That Count in Determining Whether Court Should Dismiss Third-Party Claim as Discretionary Matter
No Attorneys' Fees May Be Awarded in Arbitration Unless So Provided in Agreement
Federal District Court Action Seen as Attempt to Review State Court Judgment Is Dismissed Under "Rooker-Feldman" Doctrine
Post-Judgment Subpoenas Served on Foreign Bank's New York Branch Require Bank to Furnish Data Emanating from Other Branches as Well

ARTICLE HEADLINES

Feature Article

COLLECTING JUDGMENT FROM GARNISHEE IN FEDERAL ACTION
Because Federal Practice Has No "Special Proceeding", Ordinary Action Must Be Used

Special Note:

"ROBO-TESTIMONY""GOOD CAUSE" VERSUS "INTEREST OF JUSTICE"
Court Denies Claim Because It Doubts Veracity of Credit Card Company Employee in Rote Attesting to Foundational Papers in Innumerable Actions

General Practice Points:

ARBITRATING FEE DISPUTES
Client's Seeking De Novo Review of Attorneys' Fees Award in Wrong Court Forfeits Review

ARBITRATORS' POWERS
If Law Authorizes Arbitrators to Subpoena Witnesses -- as New York Law Does -- AAA Rules Allow Them to Do So Sua Sponte

OATHS TAKEN ABROAD
Oath Taken Before U.S. Vice Consul at Embassy in Foreign Country Does Not Need Certificate of Authentication

Backlog Items:

DELAYED THIRD-PARTY CLAIM
Factors That Count in Determining Whether Court Should Dismiss Third-Party Claim as Discretionary Matter

ATTORNEYS' FEES
No Attorneys' Fees May Be Awarded in Arbitration Unless So Provided in Agreement

"ROOKER-FELDMAN" DOCTRINE
Federal District Court Action Is Dismissed Because Seen as Attempt to Review State Court Judgment

ENFORCEMENT SUBPOENAS
Post-Judgment Subpoenas Served on Foreign Bank's New York Branch Require Bank to Furnish Data Emanating from Other Branches as Well