David B. Saxe

June 17, 2013 | Commercial Litigation Insider

It has become an acknowledged priority to make New York State courts a more appealing choice for complex commercial litigation. Chief Judge Jonathan Lippman made this priority clear in his 2012 State of the Judiciary message, asserting that "We must make sure that New York remains at the cutting edge of how commercial disputes are resolved," and that it is time that our court system focuses on how we "might better serve the needs of the business community and our state's economy." To this end, Lippman appointed a taskforce that included some of the most knowledgeable members of the commercial bar, academia and the business world, to make recommendations as to how New York's state court system can accomplish these goals.

By David B. Saxe

11 minute read

July 15, 2013 | New York Law Journal

David B. Saxe, an associate justice at the Appellate Division, First Department, writes: There have been times when the First Department has had serious problems with excessive delays in the issuance of decisions, caused by justices who failed, for months, to complete their assigned writing of an opinion or dissent. It may be a good time for the court to take affirmative steps to prevent the problem from recurring.

By David B. Saxe

8 minute read

February 22, 2013 | New York Law Journal

David B. Saxe, an associate justice on the Appellate Division, First Department, shares personal insights learned from his 15 years on that bench on how to field unfriendly questions, handle precedent that is against your position, begin your argument, and more.

By David B. Saxe

8 minute read

May 31, 2013 | New York Law Journal

David B. Saxe, an associate justice of the Appellate Division, First Department, writes: Although not a frequent occurrence at our court, it happens that when we reverse or modify a determination of a trial-level judge, a question arises whether we should direct that the matter be assigned to a different judge. The main focus of these discussions has been concern with bias or the appearance of bias. However, I believe there are other concerns that at times may warrant consideration, that have not been an explicit part of our analysis.

By David B. Saxe

16 minute read

May 31, 2013 | New York Law Journal

By David B. Saxe

16 minute read

May 13, 2009 | New York Law Journal

Justice David B. Saxe understands that the appellate process in the Appellate Division, First Department, can be opaque and confusing to lawyers appearing before if for the first time and that even seasoned appellate practitioners have only a limited understanding of the internal workings of the court. So, in an effort to make these mysterious ways more transparent, the judge offers the following commentary on the practices of the court.

By David B. Saxe

36 minute read

June 12, 2006 | New York Law Journal

David B. Saxe, an associate justice at the Appellate Division, First Department, writes that our substantive common law is thought to be constantly in the process of developing in response to a changing world. So, too, are the procedural rules governing our state's courts, which are periodically refined and modified, in order to improve the effectiveness of our system of justice.

By David B. Saxe

13 minute read

December 30, 2008 | New York Law Journal

David B. Saxe, an associate justice of the Appellate Division, First Department, offers some remarks and personal observations on the topic of judicial collegiality in the context of his participation in an intermediate appellate court.

By David B. Saxe

9 minute read

May 13, 2009 | New York Law Journal

Justice David B. Saxe understands that the appellate process in the Appellate Division, First Department, can be opaque and confusing to lawyers appearing before if for the first time and that even seasoned appellate practitioners have only a limited understanding of the internal workings of the court. So, in an effort to make these mysterious ways more transparent, the judge offers the following commentary on the practices of the court.

By David B. Saxe

36 minute read

January 16, 2008 | New York Law Journal

David B. Saxe, an associate justice at the Appellate Division, First Department, writes: After reviewing the extent of disciplinary matters that come through the Departmental Disciplinary process, it strikes me that we should consider whether some of those matters could have been avoided by improving the process by which we scrutinize the character and fitness of candidates for admission to the bar.

By David B. Saxe

18 minute read