By Brian Lee | June 8, 2023
Presiding Justice Elizabeth Garry noted the court was had the task of "inferring" what the Court of Appeals decision meant by its silence on the lifespan of a remedial plan.
By Jason Grant | June 8, 2023
A state appeals court Thursday rejected an ex-Bronx-prosecutor-turned-defense-attorney's effort to compel FOIL request information tied to all Bronx ADAs at his old office who've committed "misconduct" during Bronx District Attorney Darcel Clark's tenure.
Connecticut Law Tribune | News
By Emily Cousins | June 6, 2023
"The plaintiffs had standing when they sued for sex discrimination, leaving two issues for the en banc court to resolve," John Bursch said. "First, whether this case is mooted by plaintiffs' and intervenors' graduation, and second, whether plaintiffs' damages are barred by [Pennhurst State School and Hospital v. Halderman]."
By Avalon Zoppo | June 1, 2023
The decision "opens the door to other boundary-pushing components of restructuring plan(s)," law professor says.
New York Law Journal | Analysis
By Elliott Scheinberg | May 25, 2023
Henry v. New Jersey Transit, with a profound dissent by Chief Judge Rowan Wilson, brings the issue of preservation of constitutional issues on appeal to the Court of Appeals to the forefront.
By Jason Grant | May 24, 2023
It was unclear when Hochul will appoint one of the recommended candidates to the key state appellate position, according to a source who said that three candidates had been interviewed by the First Department Judicial Screening Committee.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | May 24, 2023
In United States v. Lewis, the U.S. Court of Appeals for the Second Circuit addressed whether the Fourth Amendment's protections against unreasonable search and seizure extends to the warrantless search of a shared back porch of a multiunit dwelling.
By Brian Lee | May 23, 2023
Chief Judge Rowan Wilson wrote that landlords in New York "have a common-law duty to take minimal precautions to protect tenants from foreseeable harm, including a third party's foreseeable criminal conduct."
By Jason Grant | May 22, 2023
The Appellate Division, First Department court indicated the defamation bar was high under state law for "matters of legitimate public concern." It explained that the former high-ranking Gawker editor hadn't cleared the bar in a complaint that contends The Daily Beast's article about her "destroyed" her career and made her "essentially unemployable."
By Brian Lee | May 19, 2023
The decision appears to continue to expand college and universities' liability under the CVA, as the Fourth Department last year declined to dismiss Syracuse University from CVA lawsuits.
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