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Door Opened to Adverse Possession Claims
Joshua E. Kimerling, a partner at Cuddy & Feder LLP, writes that, while the doctrine of adverse possession may not be a favored means of procuring title, it is quite important to real estate litigators. One of the threshold elements in adverse possession is the "claim of right." But recently the importance of such a claim has been greatly diminished, if not eviscerated, by the New York Court of Appeals.
The City of New York v. Mickalis Pawn Shop, LLC, 08-4804-cv
Publication Date: 2011-05-06 Practice Area: Civil Practice
Industry: Court: U.S. Court of Appeals, Second Circuit Judge: Before: Sack and Wesley, C.JJ, and Eaton, Judge.** Attorneys: For plaintiff: Frederick a. Brodie (Kenneth W. Taber, of counsel), Pillsbury Winthrop Shaw Pittman, LLP, New York, N.Y.; Eric Proshansky, Assistant Corporation Counsel (Richard J. Costa, Ari Biernoff, of counsel), for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, N.Y., for Plaintiff-Appellee City of New York. For defendant: Justin S. Kahn, Kahn Law Firm, Charleston, S.C., for Defendant-Appellant Mickalis Pawn Shop, LLC. John f. Renzulli (Scott C. Allan, of counsel), Renzulli Law Firm, LLP, White Plains, N.Y., for Defendant-Appellant Adventure Outdoors, Inc. Case number: 08-4804-cv
Cite as: The City of New York v. Mickalis Pawn Shop, LLC, 08-4804-cv, NYLJ 1202493061134, at *1 (2d Cir., Decided May 4, 2011)Before: Sack and Wesley, C.JJ, and
Employment Arbitration: Courts Safeguard Employee Rights
The law governing arbitration of employment disputes has undergone a remarkable evolution. At the beginning of the 1990's, the Supreme Court in Gilmer v. Interstate/Johnson Lane Corp. endorsed mandatory arbitration to resolve age discrimination claims. Federal courts are now recognizing, however, that arbitration sometimes favors employers unfairly. Judges have started to issue rulings intended to ensure that arbitration is in fact the neutral forum originally contemplated by the Supreme Court.Pro Bono Contributions to New Jersey Legal Services Programs
Notice to the bar.Environmental Law: A New Formula For Chemical Regulation?
Title I of the Toxic Substances Control Act (TSCA) sets forth the process through which "new" chemical substances are introduced into commerce, and provides for testing and evaluation of existing chemical substances under certain circumstances. TSCA's general chemical regulatory framework is criticized by the environmental community for "grandfathering" existing chemical substances without testing, and for requiring that the Environmental Protection Agency clear high hurdles before taking action with respect to existing chemical substances.FTC Provides Primer On 'Green' Paint Marketing
In recent settlements concerning paints marketed as VOC-free, the FTC showed that it will focus on consumer desires and expectations specific to the product type in question in assessing environmental marketing claims.TRENDING STORIES
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