New York Law Journal | Best Practices|Expert Opinion
By Matthew A. Feigin | December 18, 2023
A New York State statute goes into effect Jan. 1 which will allow the use of affirmations rather than sworn affidavits in civil litigation. This article discusses the statute, along with the apparently unintended effect of changing the necessary form of affirmations.
New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | December 18, 2023
Although some courts have concluded that indemnification and contribution claims are available for claims arising under a federal statute only if the statute expressly or impliedly provides for them, other courts have addressed the issue by conducting a traditional preemption analysis. The Second Circuit has not addressed the issue, and district courts within the circuit have taken both approaches. District Judge Jed S. Rakoff of the Southern District of New York recently addressed this issue in the context of the Trafficking Victims Protection Act.
By Riley Brennan | December 14, 2023
This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be the first to know about new suits in your region, practice area or client sector.
By Brian Lee | December 14, 2023
An attorney for a New York consumer-protection advocacy coalition asked lawmakers to advance a fifth proposal, the Consumer and Small Business Protection Act, which didn't make it out of committee.
By Emily Saul | December 14, 2023
In the Thursday decision, the appellate court stated that the issue did not rise to the "extraordinary remedy" requested.
By Brian Lee | December 14, 2023
Justice Joseph A. Capella has been presiding in Bronx County Supreme Court's Medical Malpractice Part. He has been a jurist since 2004.
New York Law Journal | Analysis
By Preet Bharara and Joe Zabel | December 12, 2023
The Foreign Agents Registration Act, a formerly obscure federal law designed to help the government monitor foreign influence in the United States, is obscure no longer. But even as criminal FARA enforcement has increased, there is little meaningful civil enforcement of the law. The absence of a real civil enforcement option when FARA violations are less severe unduly distorts decision-making in favor of criminal enforcement.
By Emily Saul | December 7, 2023
A New York State appeals court said attorneys with the city's Law Department employed a "less than prudent litigation tactic" by delaying resolution of a lawsuit brought by an NYPD officer who says his partner shot him in the foot during a 911 call, but that the attorneys' "conduct was not so egregious as to be frivolous,"
By Emily Saul | December 6, 2023
A team of lawyers from Emery Celli Brinckerhoff Abady Ward & Maazel and Proman Law continue attempts to collect the judgment in favor of plaintiff Haleigh Breest.
By Emily Saul | December 5, 2023
The Association of Surrogate's and Supreme Court Reporters Within the City of New York (ASSCR) filed a grievance with UCS on behalf of court reporter Randy Berkowitz, whose court part assignment was changed following his interaction with Trump at his Manhattan criminal court arraignment on April 4.
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