Siegel's Practice Review - July 2012 Headlines & Topics


July, 2012

Overview of topics...

LEAD NOTE:

Restraint Fails Because Garnishee Owed Debtor Nothing; Divided Court Upholds Garnishee's "Prepayment" Deal with Debtor, Leaving Nothing for Creditor to Get At

GENERAL PRACTICE:

Bringing No-Fault Divorce Action Held Okay Even Though Fault Action Is Still Pending
Non-Party to Contract Containing Arbitration Clause Can't Be Compelled to Arbitrate Despite Relationship of Disputes
Court Refuses Nunc Pro Tunc Substitution of Proper Affirmation for Defective One in Foreclosure Action
Broker Impleaded by Owner Into Foreclosure Action Has No Right to Participate in Settlement Conference
District Judge Comments on Magistrate's Review of "ESI Protocol" Drawn Up to Assist Document Discovery
How Is "Electronic Signature" Converted onto Paper?

BACKLOG ITEMS:

Only Written Statement by Plaintiff That More Than $75,000 Is Involved Can Start Federal 30-Day Period for Defendant to Remove Diversity Case; Oral Statement Can't
Second Summary Judgment Motion Okay When Based on Claim of "Serious Injury" and First One (Which Was Denied) Merely Showed Issues of Fact on Liability

ARTICLE HEADLINES

Feature Article

RESTRAINT FAILS BECAUSE GARNISHEE OWED DEBTOR NOTHING
Divided Court Upholds Garnishee's "Prepayment" Deal with Debtor, Leaving Nothing for Creditor to Get At

General Practice Points

NO-FAULT DIVORCE
Bringing No-Fault Divorce Action Held Okay Even Though Fault Action Is Still Pending

COMPELLING ARBITRATION
Non-Party to Contract Containing Arbitration Clause Can't Be Compelled to Arbitrate Despite Relationship of Disputes

RESIDENTIAL MORTGAGE FORECLOSURE
Court Refuses Nunc Pro Tunc Substitution of Proper Affirmation for Defective One

RESIDENTIAL MORTGAGE FORECLOSURE
Broker Impleaded by Owner Into Foreclosure Action Has No Right to Participate in Settlement Conference

USE OF PREDICTIVE CODING
District Judge Comments on Magistrate's Review of "ESI Protocol" Drawn Up to Assist Document Discovery

ELECTRONIC SIGNATURES
How Is "Electronic Signature" Converted onto Paper?

Backlog Items:

REMOVAL TO FEDERAL COURT
Only Written Statement by Plaintiff That More Than $75,000 Is Involved Can Start Federal 30-Day Period for Defendant to Remove Diversity Case; Oral Statement Can't

MULTIPLE SUMMARY JUDGMENT MOTIONS
Second Summary Judgment Motion Okay When Based on Claim of "Serious Injury" and First One (Which Was Denied) Merely Showed Issues of Fact on Liability