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By Elliott Scheinberg | May 7, 2024
Elliott Scheinberg makes an amendment to his recent Appellate Practice column, "Weight of Evidence, Preservation, Third Department Joins Second, Fourth (and First)," which the New York Law Journal published on May 1, 2024.
3 minute read
By Brian J. Shoot | May 7, 2024
In his Construction Accident Litigation column, Brian J. Shoot focuses on a single Court of Appeals ruling, 'Bazdaric v. Almah Partners', and the two issues that were presented in that case.
14 minute read
By Amanda Bronstad | May 7, 2024
In a May 4 opening brief before the U.S. Court of Appeals for the Ninth Circuit, objectors said that the Facebook settlement over the Cambridge Analytica scandal discounted the statutory claims of 253 million class members by more than 99.7%.
4 minute read
By Colleen Murphy | May 6, 2024
"The scope of the rule will cause countless victims and witnesses to surrender their protected right to speak freely about harassment and discrimination," Chief Justice Stuart Rabner said. "Although we acknowledge the state's good-faith representations that the regulation can be narrowed, we cannot rely on them to uphold the rule."
5 minute read
By Avalon Zoppo | May 6, 2024
It's a simple tool that can save time and energy for multitasking attorneys and help pro se litigants who might especially struggle with learning complex procedural rules, said Clerk of Court Chris Wolpert.
4 minute read
By Colleen Murphy | May 6, 2024
"In a ruling from the bench, Judge Hurd concluded that 'at the end of the day it's not a question of admissibility, it's a question of is it reasonably calculated to lead to the discovery of admissible evidence under Rule 4:10- 2," the opinion said.
4 minute read
By Cliff Rieders | May 6, 2024
The relation back component of Federal Rule of Civil Procedure 15(c) is like a sword of Damocles. Whether a plaintiff in good faith can file an amended complaint pursuant to Rule 15(c), which relates back to the time before the statute of limitations expired, can be the difference between the "life and death" for an action of malpractice versus a good night's sleep and no worries for the filling attorney.
10 minute read
By Colleen Murphy | May 3, 2024
"If we had the 'Ferreira' conference, which this court says is a 'backstop,' this would not have happened," said Christina Vassiliou Harvey of Lomurro Munson, who served as pro bono counsel to the plaintiff. "We would have avoided all of this if there was just a conference and an explanation."
6 minute read
By Cynthia Feathers | May 3, 2024
A discussion of the common threshold pitfalls to avoid under the Family Court Act, as well as under CPLR provisions that apply to Family Court cases and appeals pursuant to Family Ct Act §§165 (a) and 1118. It suggests seven questions counsel should consider upon entry of an adverse order in Family Court.
19 minute read
By Alex Anteau | May 2, 2024
Defendant-appellant counsel Matt Friedlander said waiving the Civil Practice Statute was "a legally inert proclamation … like Michael Scott standing up and saying 'I declare bankruptcy.' It's funny, but it doesn't mean anything."
5 minute read
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