James P Chou

James P Chou

November 27, 2023 | New York Law Journal

CPLR 3212(b): A Provision That Allows Ambush at Summary Judgment

This article starts with a discussion on the current CPLR 3212(b)'s legislative history and proceeds to an examination of how courts have attempted to harmonize CPLR 3212(b) with CPLR 3101(d)(1)(i) and other procedural rules intended to ensure timely and orderly process, including Commercial Division Rule 13(c), which governs expert disclosure in the commercial part, and CPLR 3126, which addresses the court's discretion in imposing sanctions for violations of a discovery order.

By James P. Chou and Kelly D. Schneid

8 minute read

August 21, 2023 | New York Law Journal

'Gottwald v. Sebert' Sheds Light on 'Public Figure' Claim for Defamation Suit Purposes

The Court of Appeals' recent decision in Gottwald v. Sebert, which took a broader approach to determining who qualifies as a "public figure" for defamation purposes may shed some light on the issue.

By James P. Chou and Marshall O. Dworkin

6 minute read

May 01, 2009 | New York Law Journal

Progress Made, Hard Work Continues

On this Law Day, while we celebrate the legacy that has opened doors of opportunity for the historically oppressed and disenfranchised, let us be mindful that much work lies ahead if we are to ensure that Lincoln's legacy of liberty and equality endures.

By James P. Chou

4 minute read