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MEDICAL MALPRACTICE - Baran v. Swift

TRIAL ORDER - Plaintiff’s counsel only learned over time that drug administered by defendant doctor could be dangerous. Therefore court would allow amending complaint to include punitive damages, and defendant may move to strike them once discovery was complete. (Sup. Ct., New York County)

DEFAMATION - Blit v. Savitt Law Firm PLLC

DECISION/ORDER - Although defamation defendant did not respond to complaint, default judgment would not issue. Statements made in court are privileged, and accusation of shakedown by plaintiff did not rise “beyond all possible bounds of decency.” (N.Y.)

New York Decision Roundup - December 11, 2012

This daily roundup provides links to summaries of the latest New York state and federal court decisions.

COURT WIRE: JUST FILED

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Bernard Madoff, escorted from court. January 5, 2009. REUTERS Lucas Jackson

Madoff victims can file insurance claims only for actual losses: appeals court

12/11/2012

The Appellate Division, First Department, held that the losses shown on Madoff's fraudulent account statements could not be claimed.

Tourists on a hop-on, hop-off bus. REUTERS Lucas Jackson

Hop-on, hop-off tour buses sued in NY for monopoly

12/11/2012

According to the suit filed in Manhattan federal court, Twin America, a joint venture of former rivals Coach USA and City Sights, violates competition laws and should be dissolved.

An apartment complex in New York, file photo. REUTERS Lucas Jackson

Owner can deregulate units after tax benefits expire: appeals court

12/11/2012

A New York appeals court found that the owners of an apartment building who received tax breaks can deregulate rent-stabilized units after J-51 tax benefits have expired.

Credit cards, file. REUTERS Stelios Varias

Appeal of $7.2 bln card-fee settlement deferred

12/11/2012

In a brief order, the 2nd Circuit denied The Home Depot's request for expedited arguments and a decision on its appeal.

HSBC, file. REUTERS Olivia Harris

HSBC to pay record $1.9 bln fine in money laundering case

12/11/2012

The deferred prosecution agreement with the DOJ could yield new information about a failure at the bank to police transactions linked to Mexico, sources said.

Dominique Strauss-Kahn outside his Paris apartment, Dec. 10 2012. REUTERS Gonzalo Fuentes

Strauss-Kahn, hotel maid settle civil lawsuit over alleged attack

12/10/2012

Details of the settlement between the former IMF chief and Nafissatou Diallo, including the amount of any damages, will not be made public.

HSBC REUTERS Denis Balibouse

Breakingviews: Criminal charges aren't corporate death sentences

12/11/2012

The demise of Arthur Andersen made prosecutors skittish about indicting the likes of HSBC, but new research suggests convictions don't cause company failures.

U.S. and Argentine banknotes, file. REUTERS Enrique Marcarian

Analysis: Argentina debt case weakens incentives to settle

12/11/2012

The battle revives the threat that holdouts will stall future debt restructurings.

State Supreme Court, 320 Jay St. Brooklyn. REUTERS Chip East

New York Hasidic counselor found guilty of child sexual abuse

12/11/2012

Nechemya Weberman faces 117 years behind bars after being convicted of abusing a young female patient.


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