New York Law Journal | Analysis
By Evan H. Krinick | November 2, 2017
In his Insurance Fraud column, Evan H. Krinick writes: Unless resolved by the Appellate Division or by the New York Court of Appeals, or clarified by the legislature or the Department of Financial Services, the Appellate Term split will make it difficult for automobile insurers to accurately calculate premium rates for no-fault coverage or to know which claims of health care providers they should pay.
New York Law Journal | Analysis
By Adam J. Safer | November 2, 2017
In this Outside Counsel article, Adam J. Safer writes: For at least the last decade courts have wrestled with whether the “no deduction” language of §193 prohibits the complete failure to pay wages or more narrowly prohibits only more limited subtractions from wages other than those specified in the statute. Because of the statutory remedies available under the Labor Law, the resolution of this issue is not academic and has been heavily litigated.
New York Law Journal | Analysis
By Martin A. Schwartz | November 2, 2017
In his Section 1983 Litigation column, Martin A. Schwartz explains how a series of decisions by the U.S. Supreme Court has brought us to the point that even the most blatantly unconstitutional conduct by prosecutors is frequently not redressable under §1983.
New York Law Journal | Analysis
By Bill Maguire, Terence Healy and Valerie Cahan | November 1, 2017
In this Outside Counsel article, Bill Maguire, Terence Healy and Valerie Cahan write: The impacts of 'Kokesh' in SEC enforcement proceedings are significant and will unfold quickly in the coming years.
New York Law Journal | Analysis
By William F. Johnson | November 1, 2017
In his Corporate Crime column, William F. Johnson writes: As the season changes to fall, and baseball playoffs and football dominate sports headlines, the home field advantage has proven important once again. But in the regulatory litigation game, it appears that even a home field advantage cannot help the Securities and Exchange Commission consistently win its enforcement trials in administrative proceedings.
New York Law Journal | Analysis
By Adam R. Shaw | November 1, 2017
In his Northern District Roundup, Adam R. Shaw discusses recent decisions that revisited personal jurisdiction issues since the U.S. Supreme Court's 'Daimler AG v. Bauman' changed the landscape.
New York Law Journal | Analysis
By Timothy M. Tippins | November 1, 2017
In his Matrimonial Practice column, Timothy M. Tippins discusses 'L.M.L. v. H.T.N.', which involved an application for interim exclusive possession of the marital residence. The decision substantially recasts one of the traditional standards governing the grant of such relief.
New York Law Journal | Analysis
By Paul Shechtman | October 31, 2017
In this Outside Counsel column, Paul Shechtman writes: If Congress ever summons the will to reform the federal criminal law, §1028A should be among the first provisions it deletes.
New York Law Journal | Analysis
By Eva Talel | October 31, 2017
In her Cooperatives and Condominiums column, Eva Talel discusses recent New York City legislation which imposes on residential landlords and boards the obligation to adopt a smoking policy within one-year, and federal legislation which requires public housing agencies to implement a smoke-free policy banning the use of prohibited tobacco products in public housing apartments and adjacent outdoor space by mid-2018. She also provides guidance to boards and managers as to how to establish the required policy and also limit the proliferation of SHS in co-op and condominium buildings.
New York Law Journal | Analysis
By Richard H. Weisberg | October 31, 2017
Richard H. Weisberg discusses several recent cases in New York that have adjudicated the parental rights, if any, of a same-sex partner who formally neither plans the conception of nor adopts a child brought into the relationship by the other partner.
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