New York Law Journal | Analysis
By Vincent C. Lesch and Kevin Mahoney | April 9, 2024
This article focuses on one important maritime statute: the Death on the High Seas Act (DOHSA), including its all-important Commercial Aviation Exception. It also analyzes two unresolved procedural issues in DOHSA cases: whether and when they are removable to federal court and whether a DOHSA plaintiff has a right to a jury trial.
New York Law Journal | Analysis
By Alyx Pattison and Emily Tillett | April 5, 2024
Proactive commercial litigation and arbitration to recover significant damages have become more common. We are seeing businesses put in place additional measures to ensure that when they must litigate, they do so in the most efficient and effective manner for the organization. This article explores common themes and benefits.
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.
By Jane Wester | March 27, 2024
Carroll's attorneys at Kaplan Hecker & Fink argued that Trump's post-trial motions show that he regrets his decision to skip the first defamation trial involving E. Jean Carroll.
By Emily Saul | March 22, 2024
Gibson Dunn filed an Article 75 petition seeking a judgment in support of an arbitration agreement rendered in November.
New York Law Journal | Analysis
By John Lyddane | March 21, 2024
It is a broadly accepted principle of damages under New York tort law that no recovery should be allowed for losses in which the person injured could have prevented by reasonable effort. A review of the reported decisions on point reveals that issues of mitigation of damages are often litigated in architectural and legal malpractice cases, but less so in medical malpractice cases.
By Emily Saul | March 12, 2024
"This appeal concerns a purported $44 million scrivener's error," Associate Justice Jeffrey Oing of the Appellate Division, First Department wrote in the decision. "It also is a reminder that proofreading is an essential, indispensable tool in the drafting of contracts."
By Emily Saul | March 12, 2024
Former President Donald Trump has asked a full panel at the Appellate Division, First Department to press pause on collection while he appeals.
By Emily Saul | March 11, 2024
To this day, Cooper is harassed due to the images, some of which remain online. She testified that she was most recently contacted at work by someone who saw the content on the internet a week before trial.
By Emily Saul | March 8, 2024
Trump lawyer Alina Habba posted the bond just a day after U.S. District Judge Lewis Kaplan denied the defense bid to stay execution of the judgment.
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