By Allison Dunn | July 21, 2023
According to U.S. Magistrate Judge A. David Copperthite's report and recommendation, he recommended the court award the plaintiffs $1.05 million—$437,819.54 in attorney fees and $613,053.44 in costs. Judge Julie R. Rubin followed that recommendation, according to an order in favor of Keyes filed July 11 in U.S. District Court for the District of Maryland.
By Brian Lee | July 20, 2023
The Third Department decision said a trial court should have dismissed claims of negligence and negligent hiring, retention and supervision relative that had been leveled against Warren County, where the plaintiff was placed in a foster home in the late 1970s.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | July 18, 2023
In Moore Charitable Foundation v. PJT Partners, the Court of Appeals considered the scope of an employer's duty of supervision over its employee and whether a complaint sufficiently alleged that an employer was on notice of its employee's propensity to commit fraud before the employee caused injury to the plaintiff. I
New York Law Journal | Analysis
By Julie Simeone and Andrew Kirschenbaum | July 13, 2023
Recently, in Hardy v. Olé Mexican Foods, the U.S. Court of Appeals for the Second Circuit revisited Mantikas in a summary order, shedding light on when and how lower courts should apply the principles articulated therein—while leaving some issues open for future litigation.
By Brian Lee | July 11, 2023
Yonkers didn't have term limits prior to 1994.
By Brian Lee | July 6, 2023
The organizations' pro bono legal team is fighting to annul the "Host Family Homes" program because they say it omits important legal protections for children.
By Jason Grant | July 5, 2023
"In addition to the measures that the court imposed—precluding defendants from presenting documents that they failed to timely produce during discovery and precluding them from offering evidence pertaining to interrogatories that they failed to answer—plaintiffs are also entitled to an adverse inference charge, to be formulated by the trial judge," wrote the appellate panel.
New York Law Journal | Analysis
By Thomas R. Newman and Steven J. Ahmuty Jr. | July 3, 2023
Because the Appellate Division has the power to review both "questions of law and questions of fact," as well as questions involving the exercise of judicial discretion, that court has inherent power to consider a point raised for the first time on appeal in "the interest of justice."
By Andrew Goldenberg | June 30, 2023
A discussion of the recent NY Court of Appeals decision Gottwald v. Sebert, including the implications it has on the retroactive application of the 2020 amendments to New York's anti-SLAPP statute.
New York Law Journal | Analysis
By Martin A. Schwartz | June 30, 2023
Although damages cannot truly make a wrongfully convicted and incarcerated person whole, the law does the best it can do with financial compensation. The financial stakes in these cases are great.
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