By Massimo F. D'Angelo and Gregory Wong | February 22, 2024
If used appropriately, a CPLR 3213 motion for summary judgment in lieu of complaint is a useful tool that can provide a landlord with an accelerated money judgment against a guarantor without the need to engage in costly and time-consuming formal pleadings, lengthy discovery, and other motion practice.
8 minute read
By Riley Brennan | February 21, 2024
In a dissent, Sixth Circuit Judge Ransey Guy Cole Jr. shared that he believed that a reasonable jury could find that the Lexington Police Department's reasons for terminating a Black police officer who provided confidential department communications to activists protesting police brutality were pretextual.
6 minute read
By Avalon Zoppo | February 21, 2024
"Fair use is a notoriously difficult and fact-specific analysis, and the Supreme Court's decision in Warhol did little to un-complicate it," said copyright attorney Cindy Gierhart.
6 minute read
By Alex Anteau | February 21, 2024
"Litigation strategy can be much debated among lawyers," Leonard's attorneys, former Supreme Court Justice Keith Blackwell, Steven Collins and Meredith Kingsley of Alston & Bird, wrote in their appellee brief. "That leaves even seasoned litigators open to second-guessing, especially when their decisions are viewed in hindsight after an adverse ruling."
3 minute read
By Cedra Mayfield | February 21, 2024
"'Competent substantial evidence' is a deferential [standard] that does not permit the commissioner to reweigh the evidence, judge the credibility of witnesses, or substitute his judgment on factual issues for that of the hearing officer based on the commissioner's expertise," read the Supreme Court of Georgia opinion.
7 minute read
By Ross Todd | February 21, 2024
"We are error-correcting courts," said Florida appellate Judge Morris Silberman. "Appellate lawyers know what appellate judges need to make a decision that is based on the law."
4 minute read
By Alex Anteau | February 20, 2024
"Changing this law is going to change not just staffing companies, but how physicians are able to practice if they have issues in their personal life, how pilots practice despite having issues in their personal lives," said defendant-appellee counsel Sarah Kazemian of Hall Booth Smith.
5 minute read
By Andrew Denney | February 20, 2024
The decision comes several months after the high court denied cert for similar challenges to rent stabilization brought by the landlord groups Community Housing Improvement Program and the Rent Stabilization Association.
3 minute read
By Andrew Denney | February 20, 2024
The decision comes several months after the high court denied cert for similar challenges to rent stabilization brought by the landlord groups Community Housing Improvement Program and the Rent Stabilization Association.
3 minute read
By Lisa Willis | February 20, 2024
As the case returns to the lower court without the punitive damages claim, the ruling is a cautionary tale for businesses and individuals alike about the legal foundations of their negotiations and the evidentiary standards required for punitive damages in Florida's courts.
5 minute read
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Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement
