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Stories and case digests on notable rulings and key issues, and how to navigate frequent problems, "warning stories" about what not to do
By Benjamin Tracy | April 4, 2024
A discussion of 1643 First LLC v. 1645 1st Ave. LLC, issued by the Appellate Division, First Department which attempts to reconcile conflicting decisions about a petitioner's obligation to reimburse a respondent's professional fees in a proceeding held pursuant to Section 881 of the RPAPL. The article analyzes the history of these fees including when they are needed and how counsel can avoid a trial court denying a professional fee reimbursement request.
7 minute read
By ALM Staff | April 4, 2024
This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
By Aleeza Furman | April 3, 2024
"What's at stake is the question of what the proper application of the forum non conveniens doctrine is and what it's going to be going forward," said David Senoff, a partner at First Law Strategy Group.
3 minute read
By Riley Brennan | April 3, 2024
"This poses a problem for Honda's attempt to 'dismiss' solely the allegations of recklessness throughout plaintiffs' complaint, as opposed to moving to dismiss the negligence claims (or any other claim) asserted against it wholesale," Gibson said.
4 minute read
By Andrew Lavoott Bluestone | April 3, 2024
The most important time limit in litigation is the date upon which the case becomes officially too old to commence. In some states there are statutes of repose, but in New York it is the statute of limitations that controls almost every aspect of litigation.
10 minute read
By Riley Brennan | April 2, 2024
This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide.
3 minute read
By Riley Brennan | April 2, 2024
This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide.
3 minute read
By Riley Brennan | April 2, 2024
As the plaintiffs alleged they were "evicted" from park due to their complaint of racial discrimination, they "sufficiently alleged that the act of being removed from the park by Kaman's interfered with their right to 'enjoy the fruits of a contractual relationship' arising out of their admission tickets to the park," U.S. Magistrate Judge Daryl F. Bloom wrote.
3 minute read
By Riley Brennan | April 1, 2024
"Simply put, a sales employee's commissions are one type of compensation, and overtime and Sunday pay are separate types of compensation that require employers to make additional payments to employees. By attempting to allocate amounts owed to its sales employees in commissions toward their overtime and Sunday premium draws, Jordan's did not provide its sales employees with separate and additional overtime and Sunday pay, thereby violating the overtime and Sunday pay statutes," Justice Serge Georges, Jr., said.
5 minute read
By Christopher Boehning and Daniel J. Toal | April 1, 2024
In a recent decision, the Ninth Circuit clarified and affirmed the use of Rule 37(e) as the standard for imposing sanctions for the loss of ESI and upheld the dismissal of a plaintiff's employment discrimination case as a sanction for intentional spoliation of text messages.
7 minute read
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