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September 14, 2023 | New York Law Journal

Certified Questions from the Appellate Division as a Tool for Bettering the Rule of Law

Rolando T. Acosta, former presiding justice of the Appellate Division, First Department, and Michael A. Fernández discuss the need to reform the certification process from the Departments of the Appellate Division to the Court of Appeals, and offer some specific proposals.
11 minute read
September 11, 2023 | Texas Lawyer

Paltry Settlement Offer Leads Wrongful Death Defendant to Face $12M Verdict

Plaintiffs' attorney Carlos Leon noted that New Mission can potentially be stuck with paying the full $12 million because of its refusal to make a good faith settlement offer.
5 minute read
September 11, 2023 | New York Law Journal

A Belated Tribute to 'My Judge,' Retired Presiding Justice Rolando T. Acosta

New York's chief administrative judge recounts his clerkship for Rolando Acosta, who retired from the bench earlier this year.
16 minute read
September 05, 2023 | New York Law Journal

A New Term at the Appellate Division, First Department

As the Manhattan-based midlevel appeals court looks ahead to a new term, its presiding justice reflects on her nascent tenure at its helm.
7 minute read
August 29, 2023 | New York Law Journal

Second Department Announces First-Ever All-Latino Panel for Upcoming Arguments

Oral arguments are scheduled to take place in the court's historic courtroom at 45 Monroe Place by Justice Betsy Barros, Helen Voutsinas, and Lourdes Ventura with Justice Hector LaSalle presiding.
2 minute read
Law Journal Press | Digital Book Connecticut Appellate Practice & Procedure, 8th Edition Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE View this Book

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August 21, 2023 | New York Law Journal

Decisions: Primary Assumption of Risk Doctrine, Relation Back Doctrine, Long Arm Jurisdiction and Arbitration

This piece summarizes several significant civil procedure decisions handed down by the New York Court of Appeals during its 2022–23 term, including an important one revisiting the primary assumption of risk doctrine. We also discuss decisions addressing the CPLR's relation back doctrine, long arm jurisdiction under CPLR 302, and a dispute between the Baltimore Orioles and Washington Nationals stemming from an arbitration conducted by Major League Baseball.
17 minute read
August 09, 2023 | New York Law Journal

Affinity Bar Groups Irked by NYSBA Email Exchange Over Decision Not to Attend Reception for Zayas

The NYSBA's hesitance to join in an honorary event "was related to mention of a 'Joint Bar Association'" that the statewide group wasn't aware of, its president said in a letter to several affinity bar leaders.
5 minute read
August 07, 2023 | New York Law Journal

Intimidation by Another Name: Attacking Judges With Good Government Rhetoric and the Chilling Effect on Judicial Independence

The authors of a recent report naming New York judges who are allegedly more likely to order pretrial detention for criminal defendants provided a rambling and highly defensive response to criticism of their work by former Appellate Division, First Department Presiding Justice Rolando Acosta and 12 judicial associations—and ignored the point that irresponsible criticism of judges has a chilling effect on judicial independence, a former president of both the New York State Bar Association and the New York County Lawyers' Association writes.
10 minute read
July 31, 2023 | New York Law Journal

Diverse Backgrounds Are Hallmark of New Class of 10 NY Appellate Division Justices

Six of the judges are in the state's two downstate appellate courts, while two each were added to courts in Albany and Buffalo.
5 minute read
July 24, 2023 | New York Law Journal

Studying Judicial Decision-Making Is Not 'Intimidation'

The authors of a controversial report naming a group of New York City judges who they claim are more likely than their peers to put criminal defendants in pretrial detention respond to criticism of their work published in the New York Law Journal.
16 minute read

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