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Parks Real Estate V. St. Paul Fire And Marine Insurance Co., 472 F. 3d 33 - Court Of Appeals, 2nd Circuit 2006, Roger J. Miner '56

Circuit Court Opinions

Plaintiffs-appellants Parks Real Estate Purchasing Group, Parks Associates Real Estate, Inc., Parks & Associates Real Estate Ltd., Parks Associates Real Estate, Mazal Group, LLC, Newmark & Company Real Estate (collectively, "Parks") appeal from a summary judgment entered in the United States District Court for the Southern District of New York (Preska, J.). The action was brought to recover under a first-party property insurance contract (the "Policy") between Parks and defendant-appellee St. Paul Fire and Marine Insurance Company ("St.Paul"). Among the properties insured by the Policy was a building at 90-100 John Street in New York City (the "Building" or "Property"). …

Fernandez V. Chertoff, 471 F. 3d 45 - Court Of Appeals, 2nd Circuit 2006, Roger J. Miner '56

Circuit Court Opinions

Plaintiff-appellant Edwin F. Fernandez ("Fernandez") appeals from a judgment of the United States District Court for the Eastern District of New York (Gleeson, J.) dismissing his Complaint against defendant-appellee Michael Chertoff, as Secretary of the Department of Homeland Security ("Department"), for failure to state a claim upon which relief can be granted. Fernandez, who is of Puerto Rican ethnicity, commenced this action pro se under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII"), alleging employment discrimination on account of his race, sex, and national origin after the Department denied his …

Hepatitis C In Prisons: Evolving Toward Decency Through Adequate Medical Care And Public Health Reform, Andrew Brunsden

Articles & Chapters

Hepatitis C (HCV) in prisons is a public health crisis tied to current drug policy's emphasis on the mass incarceration of drug users. Prison policy acts as a barrier to HCV care by limiting medical care for the infected, especially drug users, and by inhibiting public health measures addressing the epidemic. This Comment argues that courts mistakenly limit prisoners' Eighth Amendment right to basic medical care when they defer to prisons that apply HCV policies as categorical rules of treatment. Where current standards of care mandate individualized patient evaluation for treatment, prison policies that eschew this principle exhibit deliberate indifference …

Willful Infringement, New York Law School

Institute for Information Law and Policy at NYLS (Event Posters)

Date: November 29, 2006

Time: 1 p.m.-2 p.m.

Room A700

Letter To Clerk Of Court Re: Walter Roache, Roger J. Miner '56

Correspondence

No abstract provided.

Central States Southeast V. Merck-Medco, 504 F. 3d 229 - Court Of Appeals, 2nd Circuit 2007, Roger J. Miner '56

Circuit Court Opinions

These appeals challenge the District Court's approval of an amended settlement agreement (the "Settlement Agreement") reached in a class action lawsuit brought against defendant-counter-claimant-appellee Merck-Medco Managed Care, L.L.C., a/k/a Medco Health Solutions, Inc., and its former parent company, Merck & Co., Inc. (collectively, "Medco"), by a plaintiff class of employee welfare benefit plans (the "Plaintiffs"). Plaintiffs, the trustees and beneficiaries of various employee welfare benefit plans, brought this action alleging that Medco breached its fiduciary duty under the Employee Retirement Income Security Act of 1974 ("ERISA") by failing to act in their best interest in its capacity as a pharmaceutical …

Design Strategy, Inc. V. Davis, 469 F. 3d 284, Roger J. Miner '56

Circuit Court Opinions

Plaintiff-counter-defendant-appellant Design Strategies, Inc. ("Design") appeals from a judgment entered in the United States District Court for the Southern District of New York (Marrero, J.). The action arises out of the alleged diversion of a corporate opportunity by defendant-counterclaimant-appellee Marc E. Davis ("Davis") during the course of his employment with Design. According to Design, the corporate opportunity was diverted to defendant-appellee Info Technologies Web Solutions ("IT Web"), with the collusion of defendants-appellees Info Technologies, Inc. ("Infotech") and John Goullet ("Goullet"), Chief Executive Officer of both Infotech and IT Web (collectively, the "IT Defendants"). Davis was employed by IT Web …

An Analysis Of The Public Safety & Homeland Security Benefits Of An Interoperable Nationwide Emergency Communications Network At 700 Mhz Built By A Public-Private Partnership, Dr. Alan Pearce

Media Law and Policy

No abstract provided.

De Novo, Vol 4, No. 1, Fall 2006, New York Law School

Student Newspapers

No abstract provided.

Access To Global Telecommunications: A Comparative Discussion Of The Extraterritorial Legal Issues Confronting The Telecommunications Relay Service, Joshua Pila

Media Law and Policy

No abstract provided.

Table Of Contents, New York Law School

Media Law and Policy

No abstract provided.

Synthetic Competition, Douglas H. Ginsburg

Media Law and Policy

No abstract provided.

Clearing The Air: Deconstructing The Myths And Misconceptions About Buying Broadcast Stations, Erwin G. Krasnow

Media Law and Policy

No abstract provided.

The International Review | 2006 Fall, Michael Rhee

The International Review Newsletter

No Investigation of Coalition Forces in Iraq

Bolivia: A Lot of Gas for Partial Takeover?

More Limits on Conducting the “War on Terror”?

Enforcing Your Right to Contact a Consulate?

More Scrutiny for Foreign Investors?

Programmers to Receive Benefits

A Lumbering Trade Dispute Ends

Antartica a Foreign Country? It Depends.

Tracking Your Cybersteps in Europe

Insult Laws Still Threatening Basic Liberties?

Lack of Hospitality in Mexico City?

Global Trade Talks Suspended

Membership Obligations v. Arab-Israeli Conflict

New Human Rights Body and Its Membership

United Nations: Curbing the Right to Bear Arms?

Human Trafficking Concerns

Giving Security to Securities

Touch a …

Zelnik V. Fashion Institute Of Technology, 464 F. 3d 217, Roger J. Miner '56

Circuit Court Opinions

Plaintiff-appellant Martin Zelnik ("Zelnik") appeals from a summary judgment entered in the United States District Court for the Southern District of New York (Swain, J.) in favor of defendants-appellees, Fashion Institute of Technology, State University of New York ("FIT"), and the President of FIT, Dr. Joyce Brown ("Brown"). Zelnik brought this action to remedy alleged deprivations of the right of free speech, the right of free association, and the right to petition the government for redress of grievances. The alleged deprivations were pleaded in claims made pursuant to 42 U.S.C. § 1983; the First and Fourteenth Amendments to the …

Field Day, Llc V. County Of Suffolk, 463 F. 3d 167 - Court Of Appeals, 2nd Circuit 2006, Roger J. Miner '56

Circuit Court Opinions

These consolidated interlocutory appeals and cross-appeal arise from two orders of the United States District Court for the Eastern District of New York (Hurley, J.) in an action brought against state, county, town, and individual public officer defendants, pursuant to 42 U.S.C. § 1983, alleging violations of First Amendment free speech rights. The underlying action arises from the failure by the county defendants to grant a permit to plaintiff concert promoters to hold a two-day concert festival in a public park. The complaint asserts both "facial" and "as applied" constitutional challenges. The first order, dated September 30, 2005:(i) declared …

Us V. Massey, 461 F. 3d 177 - Court Of Appeals, 2nd Circuit 2006, Roger J. Miner '56

Circuit Court Opinions

Judge Miner's concurring opinion begins on page 180.

Ancient Greece’S Death Penalty Dilemma And Its Influence On Modern Society, Robert Blecker

Other Publications

No abstract provided.

Beth Israel Medical Center V. Horizon Blue Cross And Blue Shield Of New Jersey Inc., Court Of Appeals, 2nd Circuit 2006, Roger J. Miner '56

Circuit Court Opinions

Plaintiffs-appellants appeal from a summary judgment entered October 20, 2004, in the United States District Court for the Eastern District of New York (Amon, J.) dismissing their claims for breach of contract, breach of a third-party contract, unjust enrichment, and engaging in a pattern of deceptive practices in an action brought to secure reimbursement for hospital services rendered. The District Court dismissed plaintiffs' claims for breach of contract after determining that (i) NEW YORK PUBLIC HEALTH LAW § 2807-c completely abrogated the parties' pre-existing written contracts; (ii) all parties were performing under implied-in-fact contracts; (iii) those implied-in-fact contracts were illegal …

Globalnet Financial. Com V. Frank Crystal & Co., 449 F. 3d 377 - Court Of Appeals, 2nd Circuit 2006, Roger J. Miner '56

Circuit Court Opinions

Plaintiff-appellant GlobalNet Financial.com, Inc. ("GlobalNet") appeals from a summary judgment entered in the United States District Court for the Southern District of New York (Sweet, J.) in favor of defendant-appellee Frank Crystal & Co., Inc. ("Crystal"). The action was brought against Crystal, an insurance broker, to recover damages arising from Crystal's failure to transmit insurance cancellation notices to GlobalNet. The District Court determined that (i) New York law should apply to GlobalNet's contract claims; (ii) New York law should apply to GlobalNet's tort claims; and (iii) having applied New York law, Crystal was entitled to judgment as a matter …

Sidney Shainwald Public Interest Lecture: The Honorable Stephen G. Breyer, Associate Justice, United States Supreme Court, New York Law School

Sidney Shainwald Public Interest Lecture

No abstract provided.

2006 Commencement Program, New York Law School

Commencement Programs

To view online, click here.

Us V. Temple, 447 F. 3d 130 - Court Of Appeals, 2nd Circuit 2006, Roger J. Miner '56

Circuit Court Opinions

Defendant-appellant Eva C. Temple appeals from a judgment of the United States District Court for the Southern District of New York (Chin, J.) insofar as it adjudicates her, in accordance with a jury verdict of conviction, guilty of forcibly assaulting, resisting, or impeding an officer of the United States engaged in official duties, in violation of 18 U.S.C. § 111. 132*132 The government cross appeals from the same judgment insofar as it grants Temple's motion for a judgment of acquittal following her conviction by the same jury for willfully oppressing a person under color of law while acting in …

Kissing The Blarney Stone: A Practical Guide To Structuring Partnership Agreements And Limited Liability Company Operating Agreements In Light Of The Section 1446 Regulation, Alan Appel, Michael J.A. Karlin

Articles & Chapters

No abstract provided.

Baker V. The Home Depot, 445 F. 3d 541 - Court Of Appeals, 2nd Circuit 2006, Roger J. Miner '56

Circuit Court Opinions

Plaintiff-Appellant Bradley Baker ("Baker") appeals pro se from a summary judgment entered in the United States District Court for the Western District of New York (Telesca, J.) in favor of Defendant-Appellee The Home Depot ("Home Depot"). Invoking the provisions of Title VII of the Civil Rights Act of 1964 ("Title VII"), Baker brought the action giving rise to this appeal to redress alleged religious discrimination in his employment by Home Depot. According to his complaint, Baker claims that Home Depot discriminated against him for refusing to work on Sundays. The District Court found that Home Depot's offer to Baker …

Sista V. Cdc Ixis North America, Inc., Court Of Appeals, 2nd Circuit 2006, Roger J. Miner '56

Circuit Court Opinions

Plaintiff-appellant-cross-appellee appeals from a judgment entered in the United States District Court for the Southern District of New York (Daniels, J.) granting summary judgment to all defendants-appellees-cross-appellants, (i) dismissing his claim for employment discrimination under the Americans with Disabilities Act, the District Court having determined that he did not establish a prima facie case of discrimination and that defendants had a legitimate nondiscriminatory basis for dismissing him; (ii) dismissing his claim for violation of the Family and Medical Leave Act, the District Court having determined that he (a) had not stated a claim on which relief could be granted and …

Table Of Contents, New York Law School

Media Law and Policy

No abstract provided.

Analog And Digital Must-Carry Obligations Of Cable And Satellite Television Operators In The United States, Rob Frieden

Media Law and Policy

No abstract provided.

Introduction: To Have Or Not To Have-Must-Carry Rules, New York Law School

Media Law and Policy

No abstract provided.

Glossary, New York Law School

Media Law and Policy

No abstract provided.