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MCLE Online Library Browse Page
FREE Articles and Forms from the Massachusetts CLE site. These articles and forms are part of the MCLE online library. For ten (10) days they are accessible for free, then regular charges apply.
While much of the material is Massachusetts-specific, a significant portion is not; e.g., extensive bankruptcy materials, estate planning and supplemental needs trusts, bankruptcy and domestic relations.
Scroll down to the bottom of the page to see articles.
LinkedIn: Discussion: The New York State Bar Association
CJ is BLOGGING FOR THE BAR. Please check it out...
My Blog is called "REASONABLE DOUBT" (link below) and is about my experiences starting a 2nd career as a lawyer & now trying to find a job.
The page is still under construction at the NYS Bar Association but I can & will begin to repond to all comments immediately.
My first post is titled "Believing in the Face of Reasonable Doubt - Part I." Thanks very much & I look forward to hearing from you.
http://nysbar.com/blogs/ReasonableDoubt/
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The first post is very well-written. It seems not much has changed in 30 plus years, since we were where she is now. I'm already interested in reading more and following CJ' career. Post more soonest!!
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CRIMINAL LAW & PROCEDURE
People v. Gomez, No. 119
Defendant's drug conviction is reversed where the state did not sustain its initial burden of establishing that its search of Defendant's vehicle constituted a valid inventory search, and thus Defendant's motion to suppress should have been granted.
CRIMINAL LAW & PROCEDURE
People v. Buchanan, No. 101
Defendant's murder conviction is reversed where the trial court required Defendant to wear a stun belt during trial, and a stun belt may not be used to restrain a defendant in a criminal case without a finding of specific facts justifying the use of such a restraint.
DISPUTE RESOLUTION & ARBITRATION, INJURY AND TORT LAW, INSURANCE LAW
People v. Coventry First LLC, No. 115
In an enforcement action by the state claiming that Defendant life settlement providers concealed commissions to brokers, who persuaded their clients to accept Defendants' offers, the denial of Defendants' motion to dismiss or compel arbitration is affirmed where: 1) the state was not bound by arbitration agreements signed by Defendants' clients; and 2) the complaint stated a claim that Defendants knew that the life settlement brokers' conduct constituted a breach of fiduciary duty.
INJURY AND TORT LAW
Butler v. Gloversville, No. 116
In a personal injury action claiming that Defendants failed to use a recommended ground cover at a playground they operated, summary judgment for Defendants is reversed where Defendants presented insufficient scientific evidence to show that Plaintiff's injury would have occurred even with the recommended equipment.
PROPERTY LAW & REAL ESTATE
Buffalo Crushed Stone Inc. v. Cheektowaga, No. 118
In an action seeking a declaration that town zoning ordinances did not apply to Plaintiff's quarry due to prior nonconforming use, the trial court's order exempting portions of Plaintiff's property from the ordinances is modified where Plaintiff had manifested its intent to mine certain parcels long before the ordinances at issue.
BANKING LAW, GOVERNMENT LAW
Cuomo v. Clearing House Ass'n., L.L.C., No. 08–453
In an action claiming that certain state fair-lending laws were preempted by the National Bank Act (NBA) and accompanying regulations, an injunction in favor of Plaintiffs is affirmed in part, where the state's threatened issuance of executive subpoenas was an improper exercise of "supervisory power". However, the judgment is reversed in part where a federal regulation purporting to pre-empt state law enforcement is not a reasonable interpretation of the NBA.
CIVIL RIGHTS, CONSTITUTIONAL LAW, GOVERNMENT LAW, LABOR & EMPLOYMENT LAW
Ricci v. DeStefano, No. 07–1428
In a Title VII action claiming that a city discriminated against white firefighter candidates for a promotion by discarding their test results based on a statistical racial disparity, summary judgment for Defendants is reversed where the city's action in discarding the tests violated Title VII, because a threshold showing of a significant statistical disparity is far from a strong basis in evidence that the city would have been liable under Title VII had it certified the test results.
task.fm - a personal digital assistant
Create reminders using natural language e.g "meeting with bob at 3pm" email, sms and voice calls
Reminders can be sent out via email (free), sms (pay), voice calls (pay) or all three
task.fm is also a simple to-do list manager. Create reminders for individual tasks works right from email. Never leave your inbox! Just send an email to reminder@task.fm and they will process it
Stonewall Riot Police Reports, June 28, 1969 - OutHistory
Seven pages of NYPD records reproduced on OutHistory.org were obtained in May 2009 by Jonathan Ned Katz, Director of the website, in consultation with historian David Carter, and two additional pages reproduced were obtained in 1988 by the late Michael Scherker, under the New York State Freedom of Information Law.
For the first time, in the seven documents obtained by Katz, the names of those arrested are not blacked out, providing the public and historians with important new evidence about the rebellion's participants. None of the nine NYPD reports made available on OutHistory.org have earlier been published.
Rental Car Magic is a rental car rate search service. They do not rent cars and have no affiliations with any rental car agency.
They use a customized search process to maximize the use of special promotions and discounts in combination with standard rates to produce savings. These special rates are often hard to find and restricted to specific groups,certain days, dates, locations or vehicle types. However, when properly applied, these discounts can result in very significant rate reductions.
You tell them where, when and what type of rental car you're looking for. They'll search special discounts and promotion to find you the lowest rate which matches your needs. You make the rental reservation with the details that they provide to you.
The site, which charges $14.95 to $49.95, sends back a quote in a day or two.
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Hat Tip to NYTIMES Practical Traveler.
CONSTITUTIONAL LAW, GOVERNMENT LAW
Parkhouse v. Stringer, No. 111
In a motion to quash a government subpoena seeking information regarding false statements allegedly made by Petitioner at a public hearing, the denial of the motion is affirmed, where the First Amendment did not protect Petitioner's misstatement of the content of letters written by public officials.
EDUCATION LAW, GOVERNMENT LAW
New York Charter Schs. Ass'n. v. DiNapoli, No. 108
In an action challenging the State Comptroller's authority to conduct academic performance audits of charter schools, judgment for Defendants is reversed, where the legislature violated Article V, Section 1 of the state constitution when it assigned and directed the comptroller to audit charter schools.
INJURY AND TORT LAW, INSURANCE LAW, LANDLORD TENANT LAW
Kassis v. Ohio Cas. Ins. Co., No. 117
In an action seeking indemnification from an insurer regarding a slip and fall personal injury action, judgment for Defendant is reversed where a landlord is an additional insured under an insurance policy obtained by his tenant, such that the insurer is obligated to defend and indemnify the landlord in an underlying personal injury lawsuit.
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INJURY AND TORT LAW, INSURANCE LAW, TRANSPORTATION
Central Mut. Ins. Co. v. Bemiss, No. 113
In an action to stay an arbitration regarding Plaintiff-Insurer's obligation to settle a personal injury claim, judgment for Defendant is affirmed where consent-to-settle and subrogation-protection provisions in the supplementary uninsured/underinsured endorsement in an automobile liability insurance policy remain in force when an insured has exhausted the available policy limits of a single tortfeasor in a multi-tortfeasor accident.
ADMINISTRATIVE LAW, ADMIRALTY, INJURY AND TORT LAW, REMEDIES
Atlantic Sounding Co., Inc. v. Townsend, No. 08–214
In an action based on Defendant's alleged refusal to pay maintenance and cure to Plaintiff for injuries he suffered while working on Defendant's tugboat, the District Court's order holding that punitive damages were available is affirmed where punitive damages for the willful and wanton disregard of the maintenance and cure obligation remain available as a matter of general maritime law.
CIVIL PROCEDURE, EDUCATION LAW
Horne v. Flores, No. 08–289
In a motion by state legislators to purge the District Court's contempt order holding that the state was providing inadequate English Language-Learner instruction in the school district at issue, the denial of the motion is reversed, where the lower courts did not engage in the proper analysis under Fed. R. Civ. P. 60(b)(5), because they did not analyze whether changed circumstances warranted reexamination of the original judgment.
CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE, EDUCATION LAW
Safford Unified Sch. Dist. No. 1. v. Redding, No. 08-479
In a 42 U.S.C. section 1983 action alleging an unlawful search of a student, the denial of summary judgment based on qualified immunity is affirmed where the search of Plaintiff's underwear violated the Fourth Amendment because the facts did not give school officials reasonable suspicion to search her underwear.
CRIMINAL LAW & PROCEDURE, EVIDENCE
Melendez-Diaz v. Mass., No. 07–591
Defendant's drug conviction is reversed, where the trial court's admission of the prosecution's certificates by laboratory analysts, stating that material seized by police and connected to Defendant was cocaine of a certain quantity, violated petitioner's Sixth Amendment right to confront the witnesses against him.
Top 20 iPhone Apps for Busy Attorneys : The Mac Lawyer
POSTED ON JUNE 24, 2009 BY J. BENJAMIN STEVENS
There are many good iPhone Apps out there and maybe so many that you're overwhelmed and unsure where to start looking at them. If that applies to you, consider this list of "Top 20 iPhone Apps for Busy Attorneys" as a starting point and see if any of these will be helpful to you:
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BANKRUPTCY LAW, COMMERCIAL LAW, TRANSPORTATION
Reiber v. GMAC, LLC, No. 109
The Court of Appeals answered a certified question from the United States Court of Appeals for the Second Circuit as follows: The portion of an automobile retail installment sale attributable to a trade-in vehicle's 'negative equity' is a part of the 'purchase money obligation' arising from the purchase of a new car, as defined under New York's Uniform Commercial Code.
BANKRUPTCY LAW, CONTRACTS
MHR Capital Ptnrs. LP v. Presstek, Inc., No. 114
In a breach of contract action, judgment for Defendant is affirmed where Defendant's obligation to perform under the stock purchase agreement at issue did not arise because an express condition precedent was not fulfilled.
CIVIL PROCEDURE, HEALTH LAW, INJURY AND TORT LAW
Bazakos v. Lewis, No. 112
In a medical negligence action, the dismissal of the complaint is reversed, where the applicable statute of limitations was two and one-half years, because a claim for negligently performing an independent medical examination is a claim for malpractice and thus governed by CPLR section 214-a.
CRIMINAL LAW & PROCEDURE
People v. Almeter, No. 84
Defendant's trespass conviction is reversed where Defendant was unaware that each of his charged offenses was being tried to a separate fact finder until the trial was nearly over, and a defendant should not be required to guess who the fact finder is at his or her trial.
By Jeff Storey
June 23, 2009
Legalizing same-sex marriage is the only way to achieve full equality for gay and lesbian couples, the New York State Bar Association's policy-making body has concluded, abandoning a menu of legislative options it offered only four years ago.
The bar group's House of Delegates, meeting in Cooperstown on Saturday, overwhelmingly endorsed an amendment to the Domestic Relations Law "to allow same-sex couples to marry and to recognize their marriages if contracted elsewhere." The LGBT Committee's report is posted at nylj.com
Read the State Bar's proposed resolution, and Report and Recommendationon Marriage Rights for Same-Sex Couples
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Read full article with historical background..
Do the iPhone 3GS and Palm Pre have what it takes to topple Blackberry as a lawyer’s smartphone? On this edition of the Kennedy-Mighell Report, co-hosts, Dennis Kennedy and Tom Mighell take a look at all three devices - hardware, software, functionalities and services - to compare.
ADMINISTRATIVE LAW, EDUCATION LAW
Forest Grove Sch. Dist. v. T.A., No. 08–305
In an action challenging a hearing officer's order reimbursing fees paid by Plaintiff's parents for his special education program under the Individuals with Disabilities in Education Act (IDEA), the award is affirmed where IDEA authorizes reimbursement for private special-education services when a public school fails to provide a free appropriate public education and the private-school placement is appropriate, regardless of whether the child previously received special-education services through the public school.
ADMINISTRATIVE LAW, ENVIRONMENTAL LAW, WATER LAW
Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, No. 07–984
In an action against the Army Corps of Engineers challenging the Corps' grant of a permit to a mining company to discharge waste materials, summary judgment for Defendant is affirmed where the Corps, not the EPA, had the authority to permit the discharge, and the Corps' interpretation of Clean Water Act regulations was entitled to deference.
CIVIL RIGHTS, ELECTIONS, GOVERNMENT LAW
Northwest Austin Mun. Utility Dist. No. 1. v. Holder, No. 08–322
In an action seeking relief under the "bailout" provision in Section 4(a) of the Voting Rights Act, which allows a "political subdivision" to be released from the preclearance requirements if certain conditions are met, the dismissal of the complaint is reversed where the Act must be interpreted to permit all political subdivisions, including Plaintiff district, to seek to bail out from the preclearance requirements.
ALBANY, NY (06/22/2009)(readMedia)-- The New York State Bar Association released a new report outlining a comprehensive plan to help solo and small firm practitioners - the largest and fastest growing segment of its membership. The report, authored by the Special Committee on Solo and Small Firm Practice, was adopted by the House of Delegates, the decision- and policy-making body of the Association, at its June 20 meeting in Cooperstown.
The Special Committee, chaired by Past President Robert L. Ostertag (Ostertag O'Leary and Barrett, Poughkeepsie) and established in August 2008 by Immediate Past President, Bernice K. Leber (Arent Fox LLP, New York City), was charged with making a thorough study of the issues and challenges that confront solo practitioners and small firms in New York.
Committee members, working in four sub-committees, also reviewed the quality, accessibility and level of awareness of existing State Bar programs designed to assist solo practitioners and small firms. They recommended new programs, benefits, resources and services that should be developed to help these practitioners and their firms.
"One of my priorities over the next year as president is to make sure the State Bar offers programs and services that are relevant and helpful to our members, particularly as they struggle in these tough economic times. With more than 64 percent of our members now working in firms of 20 or fewer attorneys, these initiatives will bring value to the growing majority of our membership," said State Bar President Michael E. Getnick (Getnick Livingston Atkinson & Priore, LLP, Utica and of counsel to Getnick & Getnick, New York City). "I want to thank Bernice Leber and Robert Ostertag for their leadership on this critical issue."
For a full copy of the New York State Bar Association Special Committee on Solo and Small Firm Practice's report, go to www.nysba.org/SSFReport.
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BANKRUPTCY LAW, CIVIL PROCEDURE, INJURY AND TORT LAW, PRODUCT LIABILITY
Travelers Indemn. Co. v. Bailey, No. 08–295
In objections to a settlement of tort claims against the insurer of an asbestos manufacturer, the Court of Appeals' order sustaining the objections is reversed where the terms of a prior injunction issued in bankruptcy proceedings regarding the manufacturer barred direct actions against Defendant, and the finality of the Bankruptcy Court's orders generally stood in the way of challenging their enforceability.
CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE, EVIDENCE
District Attorney's Office for the Third Judicial Circuit v. Osborne, No. 08–6
In a 42 U.S.C. section 1983 action seeking the evidence used to convict Defendant of sexual assault for the purposes of DNA testing, summary judgment for Plaintiff is reversed where, assuming Plaintiff's claims could be pursued using Section 1983, he had no constitutional right to obtain post-conviction access to the State's evidence for DNA testing.
CRIMINAL LAW & PROCEDURE, SECURITIES LAW, WHITE COLLAR CRIME
Yeager v. US, No. 08–67
In an appeal from the District Court's order denying Defendant's motion to dismiss his wire fraud indictment on Double Jeopardy grounds, the order is reversed where an apparent inconsistency between a jury's verdict of acquittal on some counts and its failure to return a verdict on other counts does not affect the acquittals' preclusive force under the Double Jeopardy Clause.
LABOR & EMPLOYMENT LAW
Gross v. FBL Fin. Servs., Inc., No. 08–441
In an Age Discrimination in Employment Act (ADEA) action claiming a wrongful demotion, judgment for Plaintiff is reversed where a plaintiff bringing an ADEA disparate-treatment claim must prove, by a preponderance of the evidence, that age was the "but-for" cause of the challenged adverse employment action.
Law Practice Management Tip of the Week
Tip of the Week is presented by Joel Rose and is a complementary feature of the New York State Bar Association's Law Practice Management resources.
Joel A. Rose is a Certified Management Consultant and President of Joel A. Rose & Associates, Inc., management consultants to the legal profession, Cherry Hill, New Jersey.
Mr. Rose calls upon 38 years of experience consulting with private law firms. His firm performs consulting assignments in law firm management and organization, strategic and financial planning, lawyer compensation, the feasibility of mergers and acquisitions and marketing of legal services.
Songbird - Open Source Music Player
Songbird is an open-source customizable music player that's under active development.
It supports integration with the iTunes Store, mashTape, Last.fm Radio, and concert tickets.
Songbird is non-proprietary and cross-platform (Mac, Windows, and Linux).