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March 16, 2021 | New York Law Journal

Follow-up on 'Riddle of State Actor Status'

The Supreme Court's long-standing precedent has never classified private foster care agencies as state actors. In fact, the most analogous Supreme Court holding in 'Rendell-Baker v. Kohn', reached the opposite result.
4 minute read
March 05, 2021 | New York Law Journal

The Riddle of State Actor Status for Private Foster Care Agencies

For the last 15 years, the courts in this Circuit have consistently split on a focused question: are private foster care agencies state actors for purpose of 42 U.S.C. §1983 liability? The district courts have the task of reconciling two Second Circuit decisions from the 1970s, finding state actor status, with 40 years of subsequent Supreme Court precedent that dictates the opposite answer.
15 minute read
March 02, 2021 | New York Law Journal

Motions for Permission To Appeal to the Court of Appeals

The Appellate Division has just ruled in your favor but a tenacious adversary has elected to file a motion for permission to appeal to the Court of Appeals to seek one last bite at the apple. In their Appellate Practice column, Thomas Newman and Steven Ahmuty Jr. discuss the ins and outs surrounding these motions including threshold issues, errors to avoid and drafting considerations.
11 minute read
January 05, 2021 | New York Law Journal

Creative Use of Dissenting Opinions

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss notable dissents from important cases, writing that although a dissent has no precedential effect, if creatively used it can lessen the impact of an adverse authority and enhance a party's chances of success.
6 minute read
November 13, 2020 | New York Law Journal

The Punitive 'Failure To Take Responsibility' Trope Must Be Entirely Policed Out of Tort Actions for Compensatory Damages

In this article the author's focus on the most insidious and all-too-prevalent improper summation trope: the plaintiff's attack based on the defendant's purported "failure to take responsibility."
13 minute read
November 03, 2020 | New York Law Journal

Stare Decisis in Federal and State Courts

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. provide a refresher on stare decisis principles as described in various cases and sources.
8 minute read
October 19, 2020 | New York Law Journal

The Bar's Most Common Repeated Mistakes in Applying CPLR 5501(c)

Timothy Capowski, Jonathan Shaub and Jennifer Graw write: "The largest impediment to accurately valuing cases arises from the myth that the Appellate Division is endorsing larger and larger awards, thereby signaling an abandonment of anything but lip-service to CPLR 5501(c). There is no such trend."
16 minute read
September 28, 2020 | New York Law Journal

When a Pattern Jury Instruction Contrary to New York Law Arrogates the Law

PJI 2:320 Versus the Court of Appeals' Seminal Decision in 'McDougald v. Garber'
13 minute read
September 21, 2020 | New York Law Journal

When Dicta Runs Amok: Untangling PJI 2:320

Imagine a common scenario: A wrongful death case where the decedent leaves behind a spouse, two children, and a third adult child from a prior marriage…
8 minute read
September 01, 2020 | New York Law Journal

Overlapping Resolved and Unresolved Claims Bar Rule 54(b) Appeal

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss the issue of appellate jurisdiction is always open for consideration by a reviewing court, even if no party has raised it.
8 minute read

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