By Brian Lee | March 3, 2023
The New York State Bar Association said that the record-keeping requirement has no basis in the enabling legislation and creates significant challenges for New York attorneys.
By Brian Lee | February 23, 2023
The new law doesn't provide specific consequences, nor does it provide safe harbors, which means lawyers are left to look at existing case law concerning mistakes made by a notary public.
New York Law Journal | Expert Opinion
By Benjamin Rosenberg, Matthew Mazur, and Brian Kulp | February 21, 2023
The Sentencing Guidelines have always presented novel constitutional and interpretive issues. One issue that has recently divided the lower courts is how much deference to afford to the Sentencing Commission's commentary interpreting the Sentencing Guidelines. The Supreme Court answered this question nearly 30 years ago in Stinson v. United States, but Stinson is now on shaky ground.
By ALM Staff | February 6, 2023
This ruling was selected and summarized by the New York Law Journal's decisions editors.
By ALM Staff | January 24, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
By Andrew Denney | January 17, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
By Jason Grant | July 25, 2022
A New York appeals court on Thursday upheld an administrative ruling that said a group of Buffalo teachers and their union engaged in "an unlawful strike" when they called in sick the day after a school melee happened and a nonstudent combatant yelled out, "I'm coming tomorrow with a gun to shoot up this ... f****** school" and "[i]f you show up to work tomorrow, you're going to all die."
New York Law Journal | Analysis
By Gregory V. Serio | June 16, 2022
As critical a step is as taking the oath, the filing of that oath in the appropriate office and within a specific time is equally as vital to make it official. The issue of appropriately filing an oath of office became the focus of a rare piece of legislation, discussed here.
New York Law Journal | Analysis
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | May 23, 2022
In 'Ferreira v. City of Binghamton', the Court of Appeals addressed the applicability of the special duty rule to a case brought by a person shot by police during a no-knock entry of a residence. Even though all seven judges agreed that the plaintiff should be allowed to recover, the case produced two sharply divided opinions and augured further such divisions in future cases.
By Jason Grant | May 19, 2022
A preamble to the new rule, which heavily amends the Commercial Division's Rule 11 on discovery, states that "it is important that counsel's discovery requests, including depositions, are both proportional and reasonable in light of the complexity of the case and the amount of proof that is required for the cause of action."
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