John Caher

August 12, 2014 | New York Law Journal

Judge Alan Beckoff was also critical of the Brooklyn Defenders, which represented the father, for "conspicuously and curiously" failing to advise the court that a prior judge had relieved the Administration of Children's Services from its usual duty to attempt family reunification.

By John Caher

4 minute read

August 12, 2014 | New York Law Journal

A federal law intended to shield car rental companies against vicarious liability will not protect the corporate owner of leased truck operated by a driver who was watching pornography on his laptop when the truck barreled into a disabled car, a judge in Buffalo has held.

By John Caher

5 minute read

August 11, 2014 | New York Law Journal

A former public information officer for the state Thruway Authority cannot sustain a federal action alleging he was ousted for political speech and for being a whistleblower, a judge in Rochester has held.

By John Caher

2 minute read

August 11, 2014 | New York Law Journal

A man who directed the mother of an eight-year-old girl to molest the child while he watched on a webcam was not denied a fair trial when the judge barred his parents from the courtroom while the victim testified, a divided Second Circuit panel said Friday.

By John Caher

2 minute read

August 11, 2014 | New York Law Journal

An Albanian refugee seeking asylum from sex trafficking may be able to stay in the United States because of a federal appellate ruling requiring immigration authorities to re-evaluate whether she is a member of a specialized group that needs protection.

By John Caher

5 minute read

August 08, 2014 | New York Law Journal

Private laboratories and drug treatment centers have no duty to disclose that their testing meets only clinical and not forensic standards, a Brooklyn appellate panel has held.

By John Caher

6 minute read

August 08, 2014 | New York Law Journal

Railroads that damage cargo relayed to them from an overseas ocean liner are largely immune from direct liability to the shipper under standard intermodal transport contracts, the Second Circuit has held.

By John Caher

5 minute read

August 07, 2014 | New York Law Journal

As was anticipated in light of a New York Court of Appeals holding last month, the Second Circuit has held that a bankruptcy trustee overseeing the dissolution of the Thelen law firm cannot recover the fees generated from unfinished cases that were transferred to another firm.

By John Caher

2 minute read

August 07, 2014 | New York Law Journal

A federal judge has ordered authorities to provide a prompt bond hearing for a Colombia national who was "plucked out of the community" five years after a misdemeanor conviction and has been incarcerated for nearly six months while awaiting action on an immigration case.

By John Caher

4 minute read

August 07, 2014 | New York Law Journal

New York personal injury plaintiffs with employer sponsored health plans are shielded from insurance company actions that seek reimbursement from their tort settlements, a federal appellate court has held in an important preemption case.

By John Caher

5 minute read