New York Law Journal | Analysis
By Thomas R. Newman and Steven J. Ahmuty Jr. | May 2, 2023
Like those of her predecessors, Judge Lisa A. LeCour's report is full of information that will be of interest not only to appellate practitioners and dedicated court watchers, but to anyone seeking to learn about the role and operation of our state's highest tribunal at a time when the governor's appointment of a new Chief Judge and an Associate Judge has been a much-publicized matter of public interest and debate.
New York Law Journal | Analysis
By Martin A. Schwartz | May 1, 2023
The U.S. Court of Appeals for the Seventh Circuit's recent decision in Moran v. Calumet City illustrates some of the obstacles Section 1983 Brady plaintiffs have to overcome.
By Jason Grant | April 28, 2023
The New Jersey Division of Gaming Enforcement should first decide a gambler's claim that his craps-table dice had been "tampered" with, before a court rules on the Golden Nugget casino's lawsuit against the gambler, ruled the Appellate Division, First Department.
By Brian Lee | April 27, 2023
But in a companion case, the high court ruled that a student has assumed the risk inherent in a basketball rebounding drill.
By Jason Grant | April 26, 2023
"After the motion court dismissed this action without prejudice, to be restored with an affidavit of merit, plaintiff immediately hired and paid an expert to opine on the merits of the case," but that "plaintiff lost contact with that expert, and then the COVID-19 pandemic occurred," said the Appellate Division, First Department court in its opinion.
New York Law Journal | Analysis
By William J. Harrington, Annie Railton and Roland Chang | April 26, 2023
At the heart of the development is a question about the meaning of a 2010 legislative change, when Congress said that the FCA applies to claims for items or services "resulting from" illegal remuneration paid for health care referrals in violation of the Anti-Kickback Statute (AKS).
By Brian Lee | April 25, 2023
In Cordero v. Transamerica Annuity Service, the appellant, a former New Yorker, won a nearly seven-figure structured settlement for childhood lead poisoning, but then sold it to a procession of factoring companies for less than a third of its worth.
By Brian Lee | April 25, 2023
New York's highest court, as arbiter of an MLB revenue-sharing agreement, said a payment to the D.C.-based team would stand.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | April 25, 2023
In Rynasko v. New York University, 63 F.4th 186 (2nd Cir. 2023), the U.S. Court of Appeals for the Second Circuit potentially revived a putative class action against NYU seeking a partial refund of tuition fees due to NYU's response to the COVID pandemic.
By Brad Kutner | April 24, 2023
Two cases present a circuit split on whether officials' social media use constitutes state action, triggering First Amendment protections for their critics.
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