By Scott Mollen | April 30, 2024
Scott Mollen discusses "U.S. Bank National Association v. Joerger," and "Atlantic Ctr. Fort Greene Assoc., LLC v. City of New York."
New York Law Journal | Analysis
By Thomas R. Newman and Steven J. Ahmuty Jr. | April 30, 2024
We are encouraged by, and very grateful for, Chief Judge Wilson's expressed "hope that, in coming years, we will receive even more civil motions and criminal leave applications, and that we will have the opportunity to decide even more appeals."
New York Law Journal | Analysis
By Samuel Estreicher and Peter Rawlings | April 30, 2024
A pending Second Circuit case will likely decide whether employers facing a preliminary injunction proceeding brought by the National Labor Relations Board can obtain court-sanctioned discovery from rank-and-file employees of their views of the "chilling effect" of particular employer actions on their willingness to support the union seeking to organize them.
New York Law Journal | Expert Opinion
By Bruce J. Bergman | April 30, 2024
In a continuation of his discussion on the efficacy of a plaintiff's nominal bid at a foreclosure sale, Bruce Bergman takes issue with the Third Department in its ruling in 'Wilmington Savings Fund Society FSB v. Oppitz.'
New York Law Journal | Expert Opinion
By David I. Faust | April 30, 2024
Wedding season is just around the corner, which is a good time to reconsider pre-nups. What are the origins of these agreements and why can they be so tricky for attorneys to negotiate? David I. Faust, partner at Gallet Dreyer & Berkey, explores the legal basis for pre-nups and cohabitation agreements and that, far from being cynical, they're a healthy way to build a solid foundation for a successful relationship.
New York Law Journal | Analysis
By William Ramos Vázquez | April 29, 2024
This article examines the recent Court of Appeals decision that addresses whether the plaintiff was engaged in the type of "repairing" activity that is covered by Labor Law §240(1). The case should be of interest to practitioners for the implications of the specific holding. However, it also provides a broader lesson on stare decisis.
New York Law Journal | Analysis
By Katherine B. Forrest | April 29, 2024
If you are wondering what the next big thing in AI is, it's AI agents. No doubt about it. Their capabilities are exciting, a little scary and essentially unknown. For legal practitioners, the issues that AI agents raise are complex.
New York Law Journal | Analysis
By Jeremy A. Cohen | April 29, 2024
The Court of Appeals recently took up successor jurisdiction for the first time. In response to a question certified to it by the Second Circuit, the court held that an entity that acquires all of another entity's liabilities and assets also inherits the selling entity's jurisdictional status.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | April 26, 2024
In 'Citizens United to Protect Our Neighborhoods, et al., v. Village of Chestnut Ridge', the Second Circuit considered whether the district court properly dismissed plaintiffs' complaint for lack of subject matter jurisdiction on the basis that plaintiffs lacked constitutional standing.
New York Law Journal | Expert Opinion
By Merril Sobie | April 26, 2024
To an observer, Family Court appears to be, with minor exception, similar to every judicial tribunal. However, the foundation, philosophy, and experiences of Family Court are unique.
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