Findlaw Case Summaries: New York Court of Appeals. March 26, 2009.

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March 26, 2009
People v. Bauman, No. 38
The dismissal of an indictment for depraved indifference assault is affirmed, where one count of the indictment charged eleven acts over an eight-month period and thus violated N.Y. Crim. Proc. Law 200.30(1)’s requirement that each count of an indictment charge only one offense

Kendall v. Employee Retirement Plan of Avon Prods., No. 07-4203 In an ERISA class action, district court’s grant of plaintiff’s motion to dismiss is affirmed where plaintiff lacks the constitutional standing to assert that the plan administrator breached a fiduciary duty or that the plan violates ERISA, as she can cannot show any individualized harm from a direct injury or an injury-in-fact.

US v. Memorial Sloan-Kettering Cancer Ctr., No. 07-0926 In an action involving the FICA tax exemption for students, district court judgment is vacated where the district courts erred in ruling as a matter of law that medical residents are categorically ineligible for the FICA tax exemption for students, as the question of whether a medical resident qualifies for the student exclusion is a separate factual inquiry that must be reviewed on remand. The district court ruling that the monies paid by defendant to medical residents are not scholarships is affirmed.

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