Sunday, January 6, 2013

Rakofsky Case ? The Sanctions Motions ? New York Personal Injury ...

This is an update on the matter of Rakofsky v. Internet. Your familiarity with the facts will be assumed, but if you need a primer, you can read through the various posts tagged Rakofsky. There are 13 motions to dismiss that are pending. Or you can use the Google.

As previously noted, I am both a defendant and local counsel. Since I am counsel, I won?t add substantive commentary to the filings since I don?t like to use this blog to discuss pending matters.

In November, the American Bar Association moved for sanctions. That motion is currently returnable January 17, 2013. Returnable, in this case, simply means that is the day for final submissions. There won?t be oral argument on that, or any other matter, unless the judge specifically asks for it.

This is the ABA submission and Rakofsky opposition:

ABA-Affirmirmation-Harris

ABA-MemoOfLaw

Rakofsky Opposition

Our group of 35 defendants, represented by Marc Randazza, just made our own motion, also returnable January 17th. These are the filings so far:

Turkewitz Affidavit

MemoOfLaw (Randazza)

Exhibit A ? Transcript of June 28, 2012 hearing on motions to dismiss

Exhibit B ? Letter Judge Hagler July 1 ? Rakofsky letter explaining why negligence claim was not duplicative of defamation claim

Exhibit C January 3, 2012 order, denying plaintiffs? motion as ?incomprehensible?

Exhibit D Marc Randazza?s June 17, 2011 reply affidavit in support of his motion for pro hac vice admission and extension of time

Exhibit E The April 1, 2011 transcript in United States v. Deaner, Criminal Action No. 2008-CF1-30325 (D.C. Superior Ct.)

Exhibit F The March 31, 2011 transcript in United States v. Deaner, Criminal Action No. 2008-CF1-30325 (D.C. Superior Ct.)

Exhibit G Joseph Rakofsky?s March 31, 2011 Facebook status update, which reads ?1st-Degree Murder?MISTRIAL!?

Exhibit H Redacted copy of October 6, 2010 e-mail to an investigator in the Deaner case, wherein Rakofsky uses the word ?trick? (commonly referenced as the ?trick e-mail?)

Exhibit I Rakofsky?s June 9, 2011 e-mail to Michael Doudna, submitted as an exhibit to Doudna?s motion to dismiss and motion for sanctions

Exhibit J Rakofsky web ads from Connecticut, Washington DC and New Jersey

Exhibit K ? Summons and complaint; amended summons and amended complaint

If/when there are other filing on these motions, they will be added to this post.

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Source: http://www.newyorkpersonalinjuryattorneyblog.com/2013/01/rakofsky-case-the-sanctions-motions.html

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Sri Lanka fight but Australia ahead ? Cricket News Roundup ? Part 1 ...

Sri Lanka fight but Australia ahead ? Cricket News Roundup ? Part 1 ? January 5, 2013

Australia cemented their footings on the third and final Test against Sri Lanka by restricting the tourists to 225 for 7 ? an overall lead of 87 ? at stumps on Day 3, at the Sydney Cricket Ground.

The Aussies resumed from their overnight score of 342 for 6, and added 90 more to the total before skipper Michael Clarke made the declaration call. Matthew Wade did the bulk of the scoring, and consequently reached a deserved century.

In reply, the Lankans lost Tillakaratne Dilshan early on but opener Dimuth Karunaratne (85) and skipper Mahela Jayawardene(60) offered hope by standing in an appreciable 108-run partnership. However, the wicket of the former instigated a decline in their fortunes, with no other batter, apart from Dinesh Chandimal (22*), getting beyond 20.

South African Test skipper, Graeme Smith, praised the resilience of his team after they routed New Zealand by an innings margin during the recently concluded opening Test at Cape Town.

After dismissing the Black Caps on an embarrassing 45 in the first innings, the Proteas piled on the runs and took a comprehensive 302-run lead. Despite the resistance shown by the Kiwi batters in the second outing, the Proteas still came up trumps, wining the contest inside three days.

Having upset the likes of England and Australia over the past six months, Smith was keen to admire the team?s mental strength. "There is resilience in the squad. We've been under big pressure. We've fought back from tough positions and we've worked our backsides off to get back into games. Then, when we've had that opportunity, we've driven a bus through the door," Smith said.

South African pacer, Vernon Philander, is a doubt for the team?s upcoming second Test against New Zealand after aggravating his hamstring injury during the recent victory at Cape Town.

Philander, who picked seven scalps in the match, felt pain in his left leg and left the bowling after finishing his final spell on Day 3. Team manager, Mohammed Moosajee, said that the injury is not a big concern but will be assessed accordingly before deciding whether to include Philander for the second Test, which begins on January 11.

"With Tests so close together, management may not want to risk playing Vernon but we also don't want to take a call too early," Moosajee said.

Source: http://blogs.bettor.com/Sri-Lanka-fight-but-Australia-ahead-Cricket-News-Roundup-Part-1-January-5,-2013-a212673

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Friday, January 4, 2013

What is New York State Workers Compensation Insurance?

new york state workers compensation insuranceNew York State workers compensation insurance came about in 1914 as a result of legislation passed by the New York State Legislature.

Today NY business owners understand that workers compensation insurance is just part of doing business when you have employees.

When you have employees (and in some cases independent contractors are considered employees for workers comp purposes) New York State workers compensation insurance is required by law.

Watch the video to learn more:

The employer is required to pay for the workers compensation insurance and employees cannot, by New York State law, be required to contribute to the cost of the insurance policy.

Most NY insurance carriers offer workers compensation insurance for most industries. ?However, certain high-risk industries are serviced only by the New York State Insurance Fund or NYSIF.

If you have any doubt as whether or not you should have a?workmans comp insurance?policy give us a call at?(518) 456-6688?and one of our NY business insurance specialists will be happy to help you make that determination based on your unique situation.

You can also?click here?to contact us via email.

{This video is part of series on?New York State Insurance Questions. ?Every week new videos are added addressing the insurance questions of NY business owners in an easy to digest manner. ?You can subscribe to these videos?here}

Source: http://www.murraygrp.com/new-york-state-workers-compensation-insurance/

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Thursday, January 3, 2013

HTC says licensing agreement with Apple will lead to better devices in 2013

HTC Apple Patent AgreementHTC

Apple (AAPL) and HTC (2498) signed a 10-year licensing agreement in November that covered all current, pending and future patents and ended the ongoing litigation between the two companies. It has been estimated that the company will pay Apple between $6 and $8 for every Android device shipped, however HTC CEO Peter Chao refuted the claim. Regardless of how much is being spent, HTC China president Ray Yam believes the deal will begin to benefit the company in 2013.

[More from BGR: ?iPhone 5S? to reportedly launch by June with multiple color options and two different display sizes]

?The settlement with Apple will start to pay off next year, and the fourth quarter of this year is still going at a set pace,? the executive said in an interview with the Economic Observer of China, according to Focus Taiwan. ?The biggest benefit to us is that we can put more energy into innovation, which is more important than anything else for a technology company.?

[More from BGR: Nokia predicted to abandon mobile business, sell assets to Microsoft and Huawei in 2013]

Yam notes that HTC has wasted too many resources on lawsuits with Apple in the past and that the company is now encouraging employees to ?take broader steps? when creating new and better products. The executive revealed that HTC has adjusted its product, sales and marketing strategies for 2013 in the wake of the settlement. He said that many of the company?s projects are now proceeding at a faster rate and it has also changed the way it negotiates with its telecom partners.

While the settlement will ensure that HTC?s devices will remain on sale in the U.S. and other markets, the company must still find a way to increase its dwindling market share as its?struggles continue.

This article was originally published by BGR

Source: http://news.yahoo.com/htc-says-licensing-agreement-apple-lead-better-devices-162558920.html

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