By Tom McParland | March 13, 2020
As OATH commissioner and city's top administrative judge, Kletter will oversee a central and independent court that adjudicates summonses issued by 25 different city enforcement agencies for alleged violations of law or city rules.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | March 12, 2020
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, report on a holding that New York's "recklessness" requirement for fourth-degree arson did not meet the more rigorous requirement of "purposefulness" for a "crime of violence" under the federal sentencing guidelines; a decision declining to dismiss claims of an antitrust conspiracy; and a decision granting in part and denying in part a motion for summary judgment by a plaintiff contesting the summary suspension of his right to represent taxi drivers before the City's OATH tribunal.
By Marcia Coyle | February 10, 2020
A judge on the U.S. Court of Appeals for the Federal Circuit said Alfred Procopio's case was the very sort of dispute Congress had in mind in the Equal Access to Justice Act. "The government's position here was plainly wrong," the judge said.
New York Law Journal | Analysis
By Michael Hoenig | December 6, 2019
In his Complex Litigation column, Michael Hoenig discusses the Supreme Court's decision in 'Kisor v. Wilkie', in which the court wrestled with the degree of deference courts must (or should) give to an agency's interpretation of its regulations.
By Marcia Coyle | November 21, 2019
"Two levels of the federal judiciary have upheld that subpoena as valid and enforceable," Douglas Letter, the House general counsel, told the justices in a new filing on Thursday.
By Michael Riccardi | November 6, 2019
The rule, which was scheduled to go into effect Nov. 22, was vacated as unconstitutional and adopted in violation of the Administrative Procedure Act.
New York Law Journal | Analysis
By Michael B. Gerrard and Edward McTiernan | November 6, 2019
Over the past several months both the Trump administration and courts in New York have attempted to strike a balance between the tendency of agencies to use guidance to expand their authority without the protections associated with notice and comment rulemaking. In their Environmental Law column Michael Gerrard and Edward McTiernan explore these recent developments and what they might mean as for the EPA and DEC.
By Cheryl Miller | August 14, 2019
Trump's plan will "keep the oldest and dirtiest of coal plants in the country on life support," Mary Nichols, chair of the California Air Resources Board, said Tuesday.
By C. Ryan Barber | August 1, 2019
Trump's suing New York and House Democrats in DC federal district court to block any disclosure of his state tax returns. His case tests New York's "Trust Act."
By C. Ryan Barber | July 29, 2019
Judge Carl Nichols, who joined the trial bench just a few weeks ago from Wilmer, faces what he called a "conundrum" in a dispute involving Trump's New York state taxes.
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