New York Law Journal | Analysis
By Susan J. Kohlmann | May 1, 2024
What can lawyers do about disinformation? What they do best: Speak! The sentiment among our panel was that while our national politics seem toxic, there tends to be more of a sense of community and willingness to reach across the partisan divide on the local level.
New York Law Journal | Analysis
By Gerald J. Whalen | May 1, 2024
Regardless of their judicial philosophy, judges want very much to reach a just result in each case. In this way, we endeavor to fulfill our obligation to work toward the most equitable interpretation of the law, and to allow the voices of democracy to be fairly heard.
New York Law Journal | Analysis
By Dianne T. Renwick | May 1, 2024
We will pursue our mission of creating the next generation of engaged citizens by educating students on how our laws are implemented, expanding their understanding of our judicial system, and exposing them to career opportunities in the courts.
New York Law Journal | Analysis
By Thomas R. Newman and Steven J. Ahmuty Jr. | April 30, 2024
We are encouraged by, and very grateful for, Chief Judge Wilson's expressed "hope that, in coming years, we will receive even more civil motions and criminal leave applications, and that we will have the opportunity to decide even more appeals."
New York Law Journal | Analysis
By Samuel Estreicher and Peter Rawlings | April 30, 2024
A pending Second Circuit case will likely decide whether employers facing a preliminary injunction proceeding brought by the National Labor Relations Board can obtain court-sanctioned discovery from rank-and-file employees of their views of the "chilling effect" of particular employer actions on their willingness to support the union seeking to organize them.
New York Law Journal | Analysis
By William Ramos Vázquez | April 29, 2024
This article examines the recent Court of Appeals decision that addresses whether the plaintiff was engaged in the type of "repairing" activity that is covered by Labor Law §240(1). The case should be of interest to practitioners for the implications of the specific holding. However, it also provides a broader lesson on stare decisis.
New York Law Journal | Analysis
By Katherine B. Forrest | April 29, 2024
If you are wondering what the next big thing in AI is, it's AI agents. No doubt about it. Their capabilities are exciting, a little scary and essentially unknown. For legal practitioners, the issues that AI agents raise are complex.
New York Law Journal | Analysis
By Jeremy A. Cohen | April 29, 2024
The Court of Appeals recently took up successor jurisdiction for the first time. In response to a question certified to it by the Second Circuit, the court held that an entity that acquires all of another entity's liabilities and assets also inherits the selling entity's jurisdictional status.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | April 26, 2024
In 'Citizens United to Protect Our Neighborhoods, et al., v. Village of Chestnut Ridge', the Second Circuit considered whether the district court properly dismissed plaintiffs' complaint for lack of subject matter jurisdiction on the basis that plaintiffs lacked constitutional standing.
New York Law Journal | Analysis
By Elisa Reiter, Daniel Pollack and Jeffrey C. Siegel | April 25, 2024
According to a survey sponsored by the OJJDP, 1 in 15 children are exposed to intimate partner violence each year; 90% of them are eyewitnesses to domestic violence incidents. From a legal perspective, are there some approaches and strategies to keep in mind when the alleged perpetrator is the "new parent" and the eyewitness is their stepchild rather than biological child?
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