New York Law Journal | Commentary
By Carmen D. Caruso | March 28, 2024
As former President Donald Trump gears up for appeal of the civil judgment against him, trial lawyer Carmen Caruso assess the potential issues and arguments.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | March 27, 2024
In 'Behrens v. JPMorgan Chase Bank N.A.', the Second Circuit addressed a question of first impression in the circuit: whether a district court is required to exercise subject-matter jurisdiction where it exists, even if it is invoked belatedly.
By Emily Saul | March 25, 2024
The decision from the Appellate Division, First Department came as New York Attorney General Letitia James was poised to begin seizing the former president's assets. Trump has 10 days to secure a $175 million bond.
By Emily Saul | March 20, 2024
"As far as the court can infer, sureties may have refused to accept defendants' specific holdings as collateral because using Mr. Trump's real estate will generally need 'a property appraisal' and his holdings are not nearly as valuable as defendants claim," wrote Senior Assistant Solicitor General Dennis Fan.
By Brian Lee | March 20, 2024
The decision in an appeal filed by Latham & Watkins attorneys including ex-New York Chief Judge Jonathan Lippman, is not final, but an important step toward possible reform.
By Jane Wester | March 19, 2024
The three-judge panel of Circuit Judges John M. Walker Jr., William Nardini and Steven Menashi affirmed Liman's judgment in a 12-page summary order issued just two weeks after oral arguments.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | March 19, 2024
The Court of Appeals recently clarified that insurance policies providing coverage for "direct physical loss or damage" to an insured's premises do not apply to business interruption losses sustained as a result of COVID-19 absent some actual, material alteration to those premises or a complete and persistent dispossession from the premises.
By Brian Lee | March 18, 2024
In one of a number of key lawsuits to watch against Waste Management of New York, the Appellate Division, Fourth Department issued an unsigned memorandum decision in favor of the trash collector on March 15, reversing a lower court judge's ruling.
By Emily Saul | March 18, 2024
The former president needs to post a bond covering the entire judgment by next week, or the New York Attorney General can begin seizing his assets. His lawyers want an appeals court to stay execution.
New York Law Journal | Analysis
By Elliott Scheinberg | March 15, 2024
This article discusses 'Johnson v. Johnson', which remedied such a concern even though the attorney for the child did not appeal from the order, as well as an understanding of aggrievement, CPLR 551, as it relates to nonparties and to nonappealing parties is instructive.
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In Memoriam: Richard "Dick" K. DeScherer (1944-2024) We mourn the loss of our friend and former partner and Co-Chairman, Richard "Dick" K. DeScherer. Dick was a member of Willkie Farr & Gallagher LLP for more than 24 years. He was the consummate business lawyer, wonderful colleague and true friend. He joined the Bloomberg organization in 2012, a client for whom he had served as their principal legal advisor since their inception, and later was appointed as a member of their board. Dick's knowledge and experience were unparalleled, as evidenced by appointment to leadership and board positions at numerous well-respected organizations. He was deeply involved in civic and community engagements through his work with the S.L.E. (Lupus) Foundation, Lupus Research Institute, United Hospital Fund of New York, Lincoln Center for the Performing Arts, National Dance institute, and Baryshnikov Dance Foundation, among others. He received an LL.M. in Taxation from New York University in 1970, a J.D. from Georgetown University Law Center in 1969, and a B.A. from the University of Virginia in 1966. He was a member of the American Bar Association, the New York State Bar Association and the Association of the Bar of the City of New York. We offer our sincerest condolences to his family, including his wife Jennie, son Christopher and wife Amanda, daughter Kate, and grandchildren Emmett, Serena, George, Emily and Madeline. We will remember Dick with the utmost respect, admiration and affection. His loss will be felt by his many friends and colleagues at Willkie, and by all those whose lives he touched.
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