New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | June 27, 2023
In an unanimous opinion authored by Circuit Judge Richard Sullivan and joined by Circuit Judges Amalya Kearse and John Walker, the court determined the CFPB's funding structure was not constitutionally deficient under either doctrine.
By Brian Lee | June 26, 2023
It would be similar to the way the Second Circuit certifies questions to the state court, Chief Judge Rowan Wilson said in a podcast interview.
By Jason Grant | June 26, 2023
The lower court wrongly inserted an "unwritten category of cases," namely proceedings that may include arguments implicating documents filed under seal, into New York's "statutory exception" to the rule that court proceedings should be open to the public, an appeals panel said.
New York Law Journal | Analysis
By Katryna L. Kristoferson and David Paul Horowitz | June 26, 2023
Many of us recall learning about the assumption of risk doctrine in law school, while others learned about it in practice. Whether in New York state or federal courts applying New York law, the doctrine today is limited to "athletic and recreational activities."
New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | June 23, 2023
Attorneys need to exercise some degree of caution in initial client consultations, or face the risk of a disqualification motion if the attorney is engaged on behalf of another party in a related matter.
By Jason Grant | June 21, 2023
"With her extensive experience and diverse background, I'm confident that Justice Renwick will bring honor and integrity to New York State's judiciary and serve New Yorkers with fairness and impartiality," said Gov. Hochul.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | June 16, 2023
In Scurry v. New York City Housing Authority and Estate of Murphy v. New York City Housing Authority, the court ruled in cases from the Appellate Division, Second Department and Appellate Division, First Department, respectively, that intentional attacks on the respective decedents were not an independent intervening cause that broke the proximate causal nexus between the New York City Housing Authority's (NYCHA) alleged negligence in failing to adequately safeguard the premises and the decedents' deaths.
By Jason Grant | June 14, 2023
Bailey's "statements, which concern a landlord/tenant dispute between a large real estate developer and a sole holdout tenant [represented by Bailey], constituted comments and an exercise of free speech in connection with an issue of public interest," said an Appellate Division, First Department panel.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | June 14, 2023
In this update, Thomas J. Hall and Judith A. Archer examine recent Commercial Division decisions addressing some of the factors that can render an instrument too complex, the payment obligation too conditional, or the sum due too uncertain to qualify for Section 3213 relief.
By Brian Lee | June 13, 2023
The Court of Appeals' majority rejected the music producer's contention that he was not famous enough to be deemed a public figure.
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