By Avalon Zoppo | July 30, 2023
Among the challenges have already been brought against public accommodation laws is an appeal pending in the U.S. Court of Appeals for the Second Circuit in which appeal brought on behalf of a Christian wedding photographer Emilee Carpenter against New York's statute.
By Mordecai Geisler | July 25, 2023
Issues surrounding defamation law have been fixtures in the daily news cycle recently. An inescapable part of such cases are anti-SLAPP (Strategic Lawsuit Against Public Participation) statutes that have been passed across the country. New York federal courts, like federal courts around the nation, have had to grapple with the procedural applicability of anti-SLAPP statutes promulgated under state law.
By Jane Wester | July 24, 2023
Both subpoenas arose from a lawsuit filed by one of Cuomo's accusers, a New York state trooper who served as part of his protective detail.
New York Law Journal | Commentary|Expert Opinion
By Philip M. Berkowitz and Johane Severin | July 19, 2023
The Supreme Court's recent ruling in Students for Fair Admissions v. Harvard outlaws consideration of race in university admissions. The decision overturns years of precedent permitting race to be a factor in a holistic admissions process. The decision inaccurately equates diversity efforts with historic racism against Blacks, and unfortunately promises to further divide the nation concerning the value of diversity.
New York Law Journal | Commentary|Expert Opinion
By William M. Pinzler | July 17, 2023
In 303 Creative LLC et al, v. Aubrey Elenis, the Supreme Court, for the first time in its history, grants a business, open to the public, the right to refuse to serve members of a protected class. Courts regularly review and challenge assertions of innocence (or mitigation) in criminal cases based on claims of sincere religious belief. Courts do not undertake such reviews in civil cases. If courts challenged assertions of sincere religious belief, would they have been upheld?
By Brian Lee | July 13, 2023
Third Department Justices Stan Pritzker and John C. Egan Jr. dissented on grounds they found the matter untimely.
By ALM Staff | July 11, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
By Peter Brown | July 10, 2023
On June 30, 2023, the Supreme Court in 303 Creative LLC v. Elenis allowed a website design company to refuse services to gay couples seeking design services for creating wedding websites. The decision by Justice Neil Gorsuch ruled that First Amendment rights of free speech limited the reach of public accommodations laws. The impact of this decision goes far beyond the rights of a small computer design firm.
By Emily Saul | July 6, 2023
Cosby's defense attorney Jennifer Bonjean argues that the ASA violates due process under both New York state law and the United States Constitution, as well as the Ex Post Facto clause.
By ALM Staff | June 27, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
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