By Brian Lee | April 20, 2023
The high court's two most liberal judges, including newly-confirmed Chief Judge Rowan Wilson, dissented.
By Andrew Denney | April 18, 2023
In court filings, the city has argued that its joint-bidding guidelines can prevent projects from getting bogged down with "prolonged delays caused by contractors seeking to maximize profits through separate negotiations with private utility companies."
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | April 18, 2023
In their New York Court of Appeals Roundup, Neuner and Russell review the six-member Court of Appeals' recent 4-2 decision in which the court reversed the conviction of a criminal defendant in light of the People's largely unexplained four-year delay in filing an indictment.
New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | April 17, 2023
Following motions to compel arbitration, Judge Engelmayer held in Yost that the EFAA does not invalidate an arbitration agreement unless the plaintiff pleads a cognizable sexual harassment claim that is sufficient to survive a Rule 12(b)(6) motion to dismiss. Judge Engelmayer further held in Johnson that that if a plaintiff pleads a cognizable sexual harassment claim, the EFAA precludes arbitration of all claims in the case, not just the sexual harassment claim, writes contributors Edward M. Spiro and Christopher B. Harwood.
By Brian Lee | April 13, 2023
A Texas-based restaurant group is asking New York to lean against the majority of states and open the door for coverage of COVID business losses.
By Jason Grant | March 31, 2023
The appeals court said it was "readily apparent" a judge had tossed out the lawsuit based on a mediator documenting "egregious" behavior by plaintiff's nonparty representative, but that "plaintiff was never apprised of any ADR rule" that she'd purportedly broken, and she wasn't "given any opportunity to refute or otherwise respond to the allegations in the mediator's email."
New York Law Journal | Analysis
By Christopher R. Theobalt and Timothy R. Capowski | March 31, 2023
The actual rule is that set out in 22 NYCRR Section 202.42(a), which instructs that, "judges are encouraged to order a bifurcated trial of the issues of liability and damages in any action for personal injury where it appears that bifurcation may assist in a clarification or simplification of issues and a fair and more expeditious resolution of the action." Thus, bifurcation is the rule nowhere but is the highly encouraged policy everywhere—even in the First Department.
By Christine Charnosky | March 30, 2023
The Appellate Division, First Department has denied Yeshiva University's motion for leave to appeal a ruling requiring the school to allow undergraduate Pride Alliance students to form a club on campus.
By Jason Grant | March 29, 2023
A spokesperson for Chairman James Dolan's Madison Square Garden Entertainment Corp., which last summer put in place the controversial blacklist policy, said Tuesday, "We are very pleased with today's appellate ruling."
By Amanda Bronstad | March 24, 2023
At least two petitions for a writ of certiorari are pending before the U.S. Supreme Court over incentive awards, which compensate class representatives for their added time and work.
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