New York Law Journal | Analysis
By Christopher Boehning and Daniel J. Toal | April 1, 2024
In a recent decision, the Ninth Circuit clarified and affirmed the use of Rule 37(e) as the standard for imposing sanctions for the loss of ESI and upheld the dismissal of a plaintiff's employment discrimination case as a sanction for intentional spoliation of text messages.
New York Law Journal | Analysis
By Barry Kamins | April 1, 2024
Recently, a judge in the Eastern District of New York announced a new legal standard for probable cause in gun cases in New York. Essentially, the court concluded that a significant increase in lawfully possessed guns in New York City has altered the probable cause equation in these cases. The government is seeking reconsideration of that ruling.
By ALM Staff | April 1, 2024
This ruling was selected and summarized by the New York Law Journal's decision editors.
By Avalon Zoppo | March 31, 2024
The question could affect a recent influx of lawsuits against corporate diversity initiatives where conservative groups have sued on behalf of anonymous members, said employment lawyer Jason Schwartz.
By Emily Saul | March 29, 2024
Trump's lawyers say prosecutors are misinterpreting the order.
By Andrew Denney | March 29, 2024
Testimony on the "science of grooming" by a forensic psychologist, who had also testified in Ghislaine Maxwell's criminal case, was a key part of the trial, attorneys said.
New York Law Journal | Commentary
By Carmen D. Caruso | March 28, 2024
As former President Donald Trump gears up for appeal of the civil judgment against him, trial lawyer Carmen Caruso assess the potential issues and arguments.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | March 27, 2024
In 'Behrens v. JPMorgan Chase Bank N.A.', the Second Circuit addressed a question of first impression in the circuit: whether a district court is required to exercise subject-matter jurisdiction where it exists, even if it is invoked belatedly.
By Emily Saul | March 20, 2024
"As far as the court can infer, sureties may have refused to accept defendants' specific holdings as collateral because using Mr. Trump's real estate will generally need 'a property appraisal' and his holdings are not nearly as valuable as defendants claim," wrote Senior Assistant Solicitor General Dennis Fan.
New York Law Journal | Commentary
By Joshua Wurtzel | March 20, 2024
Donald Trump's lawyers recently filed a brief before the First Department claiming that securing a bond to stay enforcement of the $454 million entered against him in the Attorney General's fraud suit is a "practical impossibility." So what happens if he can't post a bond?
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