Siegel's Practice Review - June 2012 Headlines & Topics


June, 2012

Overview of topics...

LEAD NOTE:

New York County's Function as Processor of Other Counties' Uncontested Matrimonial Actions?

GENERAL PRACTICE:

Court Finds Electronic Signatures Acceptable
Facilitating Claims of Foreign Plaintiffs (Illegal Immigrants) for On-the-Job Injuries Sustained in NY
Directed Verdict for P Must Await Conclusion of D's Case Even If It's "Improbable" That D Can Prevail
Court Refuses Service by Facebook as Too Unreliable; Instead Directs Service by Publication in Series of Local Newspapers
Court Reviews Grounds on Which No-Fault Insurer May Legitimately Object to Claim Based on Doubts About Plaintiff/Assignee's Corporate Status

BACKLOG ITEMS:

Action in Which P Served D with Only Summons and Notice (No Complaint) Is Preserved Because Complaint Had Been Filed
If There Was Jurisdictional Basis for Removal to Federal Court and Remand Was Based Only on "Abstention" Doctrine, Award of Attorneys' Fees to Plaintiffs Is Not Warranted

ARTICLE HEADLINES

Feature Article

NEW YORK COUNTY'S FUNCTION AS GENERAL PROCESSOR OF MARITAL ACTIONS?
Court Changes Venue to Suffolk County on D's Motion; Says Could Not Do So Sua Sponte

General Practice Points

ELECTRONIC SIGNATURES
Court Finds Electronic Signatures Acceptable

TESTIMONY TAKEN ABROAD
Court Facilitates Claims of Foreign Plaintiffs (Illegal Immigrants) for On-the-Job Injuries Sustained in NY

DIRECTED VERDICT
Directed Verdict for P Must Await Conclusion of D's Case Even If It's "Improbable" That D Can Prevail

SERVICE VIA FACEBOOK?
Court Refuses Service by Facebook as Too Unreliable; Instead Directs Service by Publication in Series of Local Newspapers

NO-FAULT LAW
Court Reviews Grounds on Which No-Fault Insurer May Legitimately Object to Claim Based on Doubts About Plaintiff/Assignee's Corporate Status

Backlog Items:

CARELESS SERVICE
Action of P, Serving Foreign D with Only Summons and Notice After Properly Filing Summons and Complaint, Is Preserved by Court

FEDERAL REMAND PROCEEDINGS
If There Was Jurisdictional Basis for Removal to Federal Court and Remand Was Based Only on "Abstention" Doctrine, Award of Attorneys' Fees to Plaintiffs Is Not Warranted