Thursday, May 23, 2013
The Second Circuit has certified two questions to the New York Court of Appeals. The questions are:
(1) May a court issue a turnover order pursuant to N.Y. CPLR § 5225(b) to an entity that does not have actual possession or custody of a debtor’s assets, but whose subsidiary might have possession or custody of such assets?
(2) If the answer to the above question is in the affirmative, what factual considerations
should a court take into account in determining whether the issuance of such an order is
The decision in Commonwealth of the Northern Marina Islands v. Canadian Imperial Bank of Commerce can be found here.
If a fire insurance policy contains (1) a provision allowing reimbursement of replacement costs only after the property was replaced and requiring the property to be replaced "as soon as reasonably possible after the loss"; and (2) a provision requiring an insured to bring suit within two years after the loss; is an insured covered for replacement costs if the insured property cannot reasonably be replaced within two years?
The decision is Executive Plaza, LLC v. Peerless Insurance Co. can be found here.
Monday, May 13, 2013
demonstrating that the appeal is meritorious. Indeed, it does not even mention the merits of the appeal, an important factor in determining whether reinstatement of an appeal is appropriate. " This is another "don't let this happen to you" case.
The decision in RLI Insurance Co. v. JDJ Marine, Inc. can be found here.
Tuesday, May 07, 2013
(1) Under New York law, may a current or former longtime heavy
smoker who has not been diagnosed with a smoking-related disease, and who
is not under investigation by a physician for such a suspected disease, pursue
an independent equitable cause of action for medical monitoring for such a
(2) If New York recognizes such an independent cause of action for
(A) What are the elements of that cause of action?
(B) What is the applicable statute of limitations, and when does
that cause of action accrue?
The decision in Caronia v. Philip Morris USA, Inc. can be found here.