By ALM Staff | February 14, 2024
This ruling was selected and summarized by the New York Law Journal's decision editors.
New York Law Journal | Analysis
By Elliott Scheinberg | February 13, 2024
The legal universe is coated in general rules and principles but, as well known, general principles and rules have their individualized specific exceptions. This article examines such instances in appellate procedure.
New York Law Journal | Analysis
By Thomas Kissane and John Moore | February 8, 2024
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Kiyo A. Matsumoto denied defendant's motion to withdraw his guilty plea and dismiss the indictment charging him as a felon in possession. Judge Frederic Block dismissed an action for a declaration holding New York's ban on assault weapons unconstitutional. Magistrate Judge Lee G. Dunst granted a motion to disqualify counsel.
By Casey Laffey, Ian Turetsky, Zachary Kaye and Samantha Arnold | February 7, 2024
A recent decision from the Commercial Division of the Supreme Court of State of New York, "Tsung Tsin Ass'n, Inc. v. Tian Xiang Zhu," underscores the importance of litigants' adherence to the rules of discovery and court orders, and the serious consequences they can face for failing to do so. This article summarizes the decision and offers guidance as to best practices in light of it.
By Amanda Bronstad | February 6, 2024
The Advisory Committee on Civil Rules on Tuesday heard public comments on its proposed Federal Rule of Civil Procedure 16.1, the first rule governing multidistrict litigation.
By ALM Staff | February 1, 2024
Retired U.S. District Judge Shira Scheindlin was in attendance at a Jan. 30 event hosted by the City University of New York School of Law to mark the 10-year anniversary of her ruling in Floyd v. City of New York.
By Emily Saul | January 31, 2024
The U.S. Second Circuit Court of Appeals on Tuesday referred lawyer Jae Lee to a grievance panel for the conduct.
New York Law Journal | Commentary
By David. H. Moskowitz | January 31, 2024
The two Donald Trump civil lawsuits in New York provide useful lessons about litigation when it comes to anonymous juries and unanimous verdicts, and how the defense should operate when they are losing a case.
New York Law Journal | Analysis
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | January 22, 2024
The doctrine of relation back has generated a substantial body of case law. It was recently re-examined at the end of 2023 by the Court of Appeals in 'Nemeth v. K-Tooling', resulting in important clarification of ambiguities in the three-pronged analysis which have arisen over time.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | January 16, 2024
In 'People v. Butler', the Court of Appeals recently decided an issue of first impression concerning the use of police dogs to detect the presence of illegal drugs on a suspect's body. In a unanimous opinion, it ruled that the use of a narcotics-detecting dog to sniff a suspect's body for evidence of a crime constitutes a search for purposes of the Fourth Amendment.
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