Trial court held that art appraiser/dealer did not have duty to reveal its prior interest in Gauguin’s Paysage Aux Trois Arbres and in the absence of such a duty its allegedly inflated valuation of the painting could not sustain a cause of action.
Monthly Archives: September 2007
NJ Superior Court dismisses emotional distress suit resulting from "inhumane" deposition.
The plaintiffs in an underlying wrongful death medical malpractice claim were questioned at their deposition as to whether they were involved in the baby’s death — ostensibly because the baby’s autopsy revealed a subarachnoid brain hemorrhage a common sign of shaken baby syndrome. They allege that these questions caused them emotional distress and they commenced a lawsuit against the defense attorney who asked the questions. The trial court dismissed the suit on the grounds that the questions were directly related to the litigation.
http://www.law.com/jsp/law/LawArticleFriendly.jsp?id=1190624581292
NY’s Second Department addresses value of future pain and suffering award.
Court ruled that plaintiff’s estate was entitled to collect future pain and suffering award awarded by a jury even though the plaintiff died one day after verdict.
http://www.law.com/jsp/law/LawArticleFriendly.jsp?id=1190365388545
NY Court of Appeals addresses high low agreements.
Court holds that whenever a plaintiff and a defendant enter into a high-low agreement in a multi-defendant action which requires the agreeing defendant to remain a party to the litigation, the parties must disclose the existence of that agreement and its terms to the court and the non-agreeing defendant(s).
PA Superior Court holds that civil jury trial requires 12 jurors.
Under Rule 1007.1(c), 12 jurors are mandated unless a fewer number is consented to, 10 of whom must agree on the verdict. An 8 member jury requires 7/8 for a verdict.
NY’s First Department rules that SDNY has exclusive jurisdiction over WTC claims.
The decision focuses on the federal pre-emption doctrine as applied to both “any statute-of-limitations arguments or arguments addressed to the sufficiency of the pleadings”.
http://www.courts.state.ny.us/reporter/3dseries/2007/2007_06810.htm
PA Superior Court addresses effectiveness of recreational liability waiver.
Court in Wang v. Whitehall upholds release because of plaintiff’s particularized statement of intent to release resort from liability resulting from risks inherent to snow-boarding. Decision from PA Supreme Court on this very issue is expected this fall.
NY federal court addresses e-discovery obligations.
Two important points in this decision bear mention. First, producing party (usually) bears costs of discovery. Second, December 2006 e-discovery obligations apply retroactively to demands issued before the rules went into effect.
http://www.law.com/jsp/law/LawArticleFriendly.jsp?id=1190192576781
NY’s First Department clarifies law of sidewalk liability.
In this decision, the First Department clarified that neither trees nor tree wells are part of the sidewalk and as such § 7-210 does not apply.
http://www.courts.state.ny.us/reporter/3dseries/2007/2007_06577.htm
Mt. Sinai WTC findings called into question.
NYT calls into question validity of Mt. Sinai findings in respect of
9/11 clean-up workers who allege exposure to toxins. According to
Times, the extent and scope of the injuries may be grossly inflated.
http://www.nytimes.com/2007/09/07/nyregion/07sinai.html?_r=1&hp&oref=slogin