LATEST SUMMARIES

CONTRACTS, INSURANCE LAW
• Panasia Estates, Inc. v. Hudson Ins. Co.

CONTRACTS, INSURANCE LAW, REMEDIES
• Bi-Economy Market, Inc. v. Harleysville Ins. Co. of New York

CRIMINAL LAW & PROCEDURE, EVIDENCE
• People v. Rawlins

CRIMINAL LAW & PROCEDURE, SENTENCING
• People v. Leon

LATEST SUMMARIES

CONTRACTS, INSURANCE LAW
Panasia Estates, Inc. v. Hudson Ins. Co., No. 15
In an action alleging breach of insurance contract, denial of part of defendant's motion to dismiss claims for consquential damages is affirmed as an insured may recover foreseeable damages, beyond the limits of its policy, for breach of a duty to investigate, bargain for and settle claims in good faith. Read more...

CONTRACTS, INSURANCE LAW, REMEDIES
Bi-Economy Market, Inc. v. Harleysville Ins. Co. of New York, No. 14
In this action by insured against insurer for breach of a commercial property insurance contract, the insured can assert a claim for consequential damages. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE
People v. Rawlins, No. 6, 7
DNA and latent fingerprint comparison reports prepared by nontestifying experts are not "testimonial" statements within the meaning of Crawford v. Washington 541 U.S. 36 (2004). Read more...

CRIMINAL LAW & PROCEDURE, SENTENCING
People v. Leon, No. 8
Conviction arising out of sexual abuse of a 13-year-old and adjudication of defendant as a persistent violent felony offender upon a finding that defendant had previously been convicted of two violent felonies are affirmed over defendant's claims that: 1) Crawford v. Washington applies at a predicate sentencing hearing, both as a matter of his Sixth Amendment right to be confronted with the witnesses against him, and by operation of CPL 400.15(7)(a); and 2) in light of his challenge to being the same person identified in an earlier conviction, the hearing court necessarily made a finding of fact beyond the sole permissible fact of prior convictions in violation of Apprendi v. New Jersey. Read more...