November 27, 2024 | New York Law Journal
The American Disabilities Act, Sovereign Immunity and Individual LiabilityThe authors write "The ADA prohibits discrimination against individuals with disabilities. Title I of the ADA prohibits employment discrimination against qualified individuals with disabilities by employers—including private employers, state and local governments, employment agencies and labor unions—with 15 or more employees."
By Martin Flumenbaum and Brad S. Karp
7 minute read
November 20, 2024 | New York Law Journal
A Website Is Not a 'Place.' What Took So Long To Get This Right?Two recent decisions holding that stand-alone websites are not places of public accommodation subject to the protections of Title III of the Americans with Disabilities Act have reopened a legal issue that many considered settled in the Southern District of New York. This potential trend provides hope for e-commerce businesses facing nuisance website accessibility lawsuits.
By Martin S. Krezalek
10 minute read
October 30, 2024 | New York Law Journal
Clarifying Parens Patriae Standing"the U.S. Court of Appeals for the Second Circuit addressed when a state can establish standing pursuant to the parens patriae doctrine, and, in particular, the contours of the requirement that a state show that there has been an injury to a substantial segment of the state's population."
By By: MARTIN FLUMENBAUM, BRAD S. KARP and ALEXI POLDEN
6 minute read
October 23, 2024 | New York Law Journal
The Supreme Court Revisits Retaliatory ArrestsMartin Schwartz discusses the legal landscape for individuals challenging the constitutionality of what they believe to be a retaliatory arrest.
By Martin A. Schwartz
12 minute read
September 25, 2024 | New York Law Journal
The Second Circuit in the Supreme CourtWith the U.S. Supreme Court beginning its October Term 2024 in the coming weeks, we conduct our 40th annual review of the performance of the U.S. Court of Appeals for the Second Circuit in the Supreme Court during the past term.
By Martin Flumenbaum and Brad S. Karp
8 minute read
September 06, 2024 | Daily Report Online
Teen Charged in Barrow School Shooting and His Father to Stay in Custody After HearingsThe 14-year-old suspect in a shooting that killed four people at a Georgia high school and his father will stay in custody after back-to-back court hearings Friday morning where their lawyers declined to seek bail.
By Jeff Amy and Jeff Martin | The Associated Press
5 minute read
August 30, 2024 | New York Law Journal
The Supreme Court Malicious Prosecution Decision"Section 1983 authorizes a claim for relief only for violations of federally protected rights, not state law rights," writes Martin A. Schwartz.
By Martin A. Schwartz
9 minute read
August 29, 2024 | New York Law Journal
Resolving an Open Question on Diversity Jurisdiction"The Second Circuit's holding that state domicile is relevant to the diversity jurisdiction analysis in cases involving an unincorporated association with permanent resident members resolves a disagreement among district courts on this question," write Martin Flumenbaum and Brad S. Karp.
By Martin Flumenbaum and Brad S. Karp
8 minute read
August 28, 2024 | The Legal Intelligencer
To Protect Pa.'s Tech Economy, We Must Rein in the FTC's Antitrust ActivismWe have the exciting opportunity to continue growing Pennsylvania's technology sector. However, the FTC's current approach to antitrust enforcement and disregard for longstanding agency standards threatens to undermine the future of this critical industry.
By Megan Martin
4 minute read
July 29, 2024 | New York Law Journal
Asylum: The Sufficiency of Death Threats in Proving Past Persecution"Going forward, it will behoove asylum applicants and their counsel to present evidence of these aggravating circumstances when seeking asylum," write Paul Weiss' Martin Flumenbaum and Brad S. Karp.
By Martin Flumenbaum and Brad S. Karp
8 minute read