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dan-m. clark

dan-m. clark

October 24, 2019 | New York Law Journal

Court of Appeals Judges Question Whether Buffalo Lawfully Denied Lawyers to Cop Sued Over Excessive Force

That video appeared to show the officer push an individual onto the hood of a car, and then onto the ground. The officer is then seen striking him with his baton several times after initially hitting him with his knee.

By Dan M. Clark

6 minute read

October 24, 2019 | New York Law Journal

NY Lawmakers Revive Discussions to Repeal Law Shielding Police Personnel Records

During her testimony, Eric Garner's mother reacted to news that Daniel Pantaleo, the officer who was fired this year over Garner's death, had filed a lawsuit late Wednesday against the NYPD to get his job back.

By Dan M. Clark

7 minute read

October 24, 2019 | New York Law Journal

Landlords Denied 'Out-of-Possession' Exemption From Liability for Sidewalk Injury

The litigation is the result of an incident from more than a decade ago, when Xiang Fu He slipped and fell on ice in front of where he worked on Flushing Avenue in Brooklyn.

By Dan M. Clark

5 minute read

October 23, 2019 | New York Law Journal

Mark Lebovitch, Partner at Bernstein Litowitz, Is NYLJ's Attorney of the Year

Lebovitch is the attorney behind several high-profile cases involving the rights of shareholders, like one against Fox News over claims of sexual harassment and discrimination at the network.

By Dan M. Clark

3 minute read

October 23, 2019 | New York Law Journal

Breadth of Appeal Waivers During Plea Agreements Reviewed by NY Court of Appeals

One of the attorneys who appeared before the Court of Appeals on the issue Wednesday argued that the waivers amounted to "hoodwinking" defendants, and should be invalidated by the high court if misleading information is included.

By Dan M. Clark

7 minute read

October 22, 2019 | New York Law Journal

Charges Reduced for 'Mailbox Fishing' Defendant for Lack of Evidence, High Court Rules

Prosecutors from the Bronx District Attorney's Office indicted Omar Deleon on charges of attempting to steal more than $3,000, but lacked the evidence to do so, the Court of Appeals said.

By Dan M. Clark

5 minute read

October 22, 2019 | New York Law Journal

NY Regulator's Lawsuit Derails Federal Push to Charter Fintech Companies

Division of Financial Services Superintendent Linda Lacewell said the court's decision to invalidate the regulation will allow certain companies to be more stringently regulated by state officials.

By Dan M. Clark

5 minute read

October 22, 2019 | New York Law Journal

Tenants' Class Action Alleging Landlords Overcharged Rent Can Continue, Court of Appeals Rules

The court's three dissenting judges, meanwhile, argued that the majority's decision could diminish the power of trial courts in New York to prevent abuse of the class action process.

By Dan M. Clark

7 minute read

October 22, 2019 | New York Law Journal

Court of Appeals Grants New Murder Trial Based on Juror's Text Messages

"We agree that the extensiveness and egregiousness of the disregard, deception, and dissembling occurring here leave no alternative but to reverse the judgment of conviction and remit for a new trial and compel us to affirm publicly the importance of juror honesty," the decision said.

By Dan M. Clark

7 minute read

October 21, 2019 | New York Law Journal

NY State Courts to Host High School Students to Boost Diversity in Legal Profession

The Franklin H. Williams Judicial Commission, a statewide panel tasked with promoting racial and and ethnic fairness in state courts, expects the event to be the first of many.

By Dan M. Clark

3 minute read