Motion practice.

Practice point: Collateral estoppel bars relitigation in a state action an issue that has been decided  in a federal action in which there was a full and fair opportunity to litigate.

Students should note that the doctrine does not apply if the federal court's determination was based on the adequacy of the pleadings and did not go to the merits.

Case: Lexjac, LLC  v. Beckerman, NY Slip Op 03074 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Corporations.

Motion practice.

Practice point: In New York there is no wrongful life cause of action.

Students should note that there is a cause of action alleging a breach of a duty owed to prospective parents, based on the expense of raising a child born with a disability.

Case: Klein v. Bialer, NY Slip Op 03072 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Motion practice.

Motion practice.

Practice point: A process server's affidavit is prima facie evidence of proper service, pursuant to CPLR 308(4).

Students should note that the unsubstantiated denial of receipt does not rebut that showing.

Case: Irwin Mtge. Corp. v. Devis, NY Slip Op 03070(2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Torts.

Family Law.

Practice point: When a judgment of divorce is granted on a party's default, there should be an inquest on the economic issues.

Students should note that if the defaulting party has appeared, the inquest should be scheduled with notice to the defaulting party in the manner directed by the court.

Case: Hwang v. Tam, NY Slip Op 03069 (2d Dept. 2010)

Here is the opinion.

Monday's issue: Motion practice.

Motion practice.

Practice point: The method of service provided for in an order to show cause is jurisdictional, and strict compliance is required.

Students should note that if a party has not appeared by an attorney, service must be on the party, pursuant to CPLR 2103(c).

Case: City of New York v. Miller, NY Slip Op 03059 (2d Dept. 2010)

Here is the opionion.

Tomorrow's issue: Family Law.

Motion practice.

Practice point: A defendant may forfeit the right to arbitrate by participating in discovery  without asserting the right to arbitration.

Students should note that defendant does not waive arbitration by serving an answer if it  includes an affirmative defense that the dispute should be determined by arbitration.

Case:  Byrnes v. Castaldi, NY Slip Op 03055 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Motion practice.

Motion practice.

Practice point: A party's time to move to renew or reargue an order pursuant to CPLR 2221 does not begin to run until it is served with notice of entry of the order.

Students should note that where an order affects a party's rights, the successful moving party must serve it on the adverse party.

Case: Garcia v. City of New York, NY Slip Op 03033 (1st Dept. 2010)

Here is the opinion.

 Tomorrow's issue: Motion practice.

Motion practice.

Practice point: If there are common questions of law or fact, a motion to consolidate or for a joint trial, pursuant to CPLR 602(a), will be granted, absent a showing of prejudice to a substantial right of the opposing party.

Students should note that where the actions have been commenced in different counties, the trial will be in the county where venue of the first-commenced action currently lies.

Case: Whiteman v. Parsons Transp. Group of N.Y., Inc., NY Slip Op 02944 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Motion practice.

Corporations.

Practice point: A corporation is independent of its owners, who are not personally liable for its obligations.

Students should note that persons may incorporate for the express purpose of limiting their liability.

Case:  Superior Transcribing Serv., LLC v. Paul, NY Slip Op 02942 (2d Dept. 2010)

Here is the opinion.

Monday's issue: Motion practice.

Attorney-client relations.

Practice point: The attorney-client privilege extends to communications of an agent of either attorney or client, such as defense counsel's forensic accounting consultant.

Students should note that the attorney work product privilege extends to experts retained as consultants to assist with the case.

Case: Hudson Ins. Co. v. Oppenheim, NY Slip Op 02871 (1st Dept. 2010)

Here is the opinion.

Tomorrow's issue: Corporations.

Motion practice.

Practice point: A motion to renew is intended to bring to the court's attention new or additional facts that were unknown to movant at the time of the original motion.

Students should note that renewal may be granted at the court's discretion, in the interest of justice, even on facts that were known to movant.

Case:  Eddine v. Federated Dept. Stores, Inc., NY Slip Op 02868 (1st Dept. 2010)

Here is the opinion.

Tomorrow's issue: Attorney-client relations.