Updated 08/07/01
Barker, Infancy Toll; Long-Arm Jurisdiction, N.Y.L.J., 2/16/00. A look at electronic and telephone long-arm jurisdiction, and the discoverability of accident reports.
Barker, Fiduciary Shield; Jurisdiction for Corporate Agent, N.Y.L.J., 1/19/00. A look at two Court of Appeals cases, which seem to differ on whether there is a fiduciary shield doctrine in New York.
Barker, Video Surveillance; Service by Mail, N.Y.L.J., 12/20/99. An examination of developments on the video surveillance front (which comes first, the deposition or the tape?), and a look at service by mail pursuant to Civil Practice Law and Rules §312-a.
Barker, More on Medical Experts, N.Y.L.J., 11/15/99. A look at a provision of the CPLR that protects the names of expert witnesses in medical malpractice cases.
Barker, Res Judicata and Collateral Estoppel; Settlement Agreements, N.Y.L.J., 9/20/99. There are seemingly endless permutations giving rise to claim and issue preclusion questions, as this review of a recent Court of Appeals decision shows.
Capra, State of Mind in the New York Court of Appeals, N.Y.L.J., 9/10/99. "In the recent case, People v. James (1999 WL 444267), the New York Court of Appeals undertook an extensive analysis into the hearsay exception for statements relating to a declarant's state of mind. The Court, in affirming a conviction for perjury, took an expansive view of the exception, potentially weakening the well-established protections against the use of out-of-court statements. . . ."
Barker, NEW YORK PRACTICE, The Borrowing Statute, N.Y.L.J. 8/16/99. CPLR Section 202, which determines which state's statute of limitations applies when a New Yorker is injuried in another state, recently received an interesting interpretation from the NY Court of Appeals.
Moore & Gaier, Medical Malpractice: Structured Judgments Under CPLR Article 50-A, N.Y.L.J. 8/3/99. A guide to the complicated Civil Practice Law and Rules Article 50-A, which requires that future damages in medical malpractice actions in excess of $250,000 be paid in the form of an annuity, pursuant to a structured judgment.
'Dead Man's Statute' Dusted Off in Bitter Estate Dispute, N.Y.L.J. 7/20/99- The Dead Man's Statute emerged as a pivotal issue in a bitter estate battle between former spouses last week, when an upstate judge ruled the estate executrix could testify about her conversations with the decedent, but her ex-husband could not.
Judge Prohibits Doctor's Deposition , N.Y.L.J. 7/19/99 - A doctor who treated a New Jersey Transit railroad engineer whose train derailed may not be forced to testify in suits stemming from the accident, a Staten Island Supreme Court judge has ruled, finding the physician-patient privilege survives even the death of the patient.
Balter and Simone, Sanctions for Frivolous Conduct During Civil Litigation, New York State Bar Journal, Sept/Oct 1998, Vol. 70, No. 6.
Wicks & Penzer, Is It Safe? New CPLR Section Says E-Mail Communications Retain Evidentiary Privilege - but Ethidcal Obligations to Keep Client Secrets May Require Safeguards, NYLJ 8/17/98
Sokol & Andriola, TECH TRENDS, E-Mail Adds Twists, Raises Questions, Regarding Privilege, NYLJ 4/13/98
Lipshie, PERSPECTIVE, New Law Brings Drastic Changes, NYLJ 9/3/97. Explores effects of recent amendment to CPLR 306-b and points out some of the unanticipated, far reaching changes of the new law.
Farrel, Hearsay, The New York and Federal Rules of Evidence: What's the Difference?, Touro Law Review, 1994
Salken, A Brief Look at New York's Efforts to Codify its Law of Evidence, Touro Law Review, Fall 1994
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