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By William Ramos Vázquez | April 29, 2024
This article examines the recent Court of Appeals decision that addresses whether the plaintiff was engaged in the type of "repairing" activity that is covered by Labor Law §240(1). The case should be of interest to practitioners for the implications of the specific holding. However, it also provides a broader lesson on stare decisis.
12 minute read
By Casey Alan Coyle and Michael Libuser | April 29, 2024
The fight is over legislation that prohibits the Pennsylvania Department of Revenue (the department), the administrator of the lottery, from offering products that "simulate casino-style lottery games" as part of the iLottery program. The Pennsylvania Supreme Court recently construed the meaning of that phrase in Greenwood Gaming & Entertainment v. Department of Revenue.
9 minute read
By Allison Dunn | April 26, 2024
"A registered nurse may be qualified to attest that breach of applicable standards of nursing care for preventing and treating decubitus ulcers proximately caused the plaintiff's ulcer injury," Judge Donald E. Beachley wrote on behalf of the court.
5 minute read
By Brian Lee | April 26, 2024
The Appellate Division, Third Department acknowledged that the officer, at a minimum, had a "tangible connection" in helping evacuate the court building near the World Trade Center.
2 minute read
By Stephen A. Miller and Pamela Dorian | April 26, 2024
A pair of cases before the U.S. Supreme Court will shape the future of social media content. Both cases—Moody v. NetChoice and NetChoice v. Paxton—present novel questions about the free speech protections available to social media platforms under the First Amendment.
4 minute read
By Riley Brennan | April 26, 2024
"We are pleased that the Appellate Court applied the innocent insured doctrine to the misappropriation exclusion in this hard-fought litigation. We hope that this ruling will protect innocent insureds, like our client, in the future," said Dana's attorneys, Joseph Bosco and Costa Diamond of LaRose & Bosco, in Oak Park, Illinois.
4 minute read
By Martin Flumenbaum and Brad S. Karp | April 26, 2024
In 'Citizens United to Protect Our Neighborhoods, et al., v. Village of Chestnut Ridge', the Second Circuit considered whether the district court properly dismissed plaintiffs' complaint for lack of subject matter jurisdiction on the basis that plaintiffs lacked constitutional standing.
8 minute read
By Brian Lee | April 25, 2024
Chief Judge Rowan Wilson said that he has told appellate division jurists to simply send the court a case if he or she believes that it is worthy, and not worry about burdening the court's docket.
5 minute read
By Aleeza Furman | April 25, 2024
The defendant claimed that the case "hinges on a fundamental constitutional issue that has implications far beyond the professional liability context: whether a trial court can prioritize run-of-the-mill, non-constitutional scheduling concerns over a litigant's constitutional right to freely exercise his religious beliefs."
4 minute read
By Alex Anteau | April 24, 2024
"Peach County never had a Certificate of Need case presented to them beforehand, and yet that judge is trying to decide whether to look at what the hearing officer said was dispositive," the appellants argued.
6 minute read
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