August 01, 2014 | New York Law Journal
Fees Awarded in 'Vigorously Contested' Class ActionA Rochester law firm that represented Tuxedo Junction managers in a "moderately complex" Fair Labor Standards Act class action has been awarded $73,427 in fees and costs, representing about 37 percent of the $200,000 settlement.
By John Caher
2 minute read
August 01, 2014 | New York Law Journal
Ticket Started Malicious Prosecution, Circuit ConcludesNew York courts have never definitively decided if, in a malicious prosecution case, the issuance of a desk appearance ticket launches a criminal proceeding. But as far as the Second Circuit is concerned, the answer is yes.
By John Caher
5 minute read
July 31, 2014 | New York Law Journal
Judge Finds No Precedent to Recuse HimselfA federal magistrate judge in Buffalo declined to step aside from a case in which one of the attorneys joined the judge on a volunteer board while the trial was underway.
By John Caher
2 minute read
July 31, 2014 | Law.com
BofA Ordered to Pay $1.27 Billion Over Mortgage FraudJudge Jed Rakoff's decision, which also slapped a former executive with a $1 million personal judgment, followed a trial last fall in which jurors found that the Countrywide financial unit defrauded Freddie Mac and Fannie Mae by peddling at break-neck speed what they knew were substandard loans.
By John Caher
5 minute read
July 31, 2014 | New York Law Journal
Two Newest Top Court Judges Often Take Different StandsOver the past year, the Court of Appeals' newest judges, Jenny Rivera and Sheila Abdus-Salaam, have frequently found themselves on the opposite sides of cases, usually criminal appeals, articulating not only a difference of opinion on the results, but also on how those results should be reached.
By John Caher and Joel Stashenko
11 minute read
July 30, 2014 | New York Law Journal
Cheerleaders Can Proceed With Labor Case, Judge SaysFive former Buffalo Bills cheerleaders scored a pre-season victory after a judge sustained their unfair labor practice case against the professional football franchise.
By John Caher
2 minute read
July 29, 2014 | New York Law Journal
Cahill Calls for AG to Speak Out About Moreland PanelAttorney General hopeful John Cahill yesterday called on incumbent Eric Schneiderman to end his silence over allegations that the governor's office interfered with the workings of the Moreland Commission, which was created to root out public corruption.
By John Caher
2 minute read
July 29, 2014 | New York Law Journal
Panel Declines to Enforce 'No Contest' Clause in WillAn upstate appellate court has refused to enforce a "no contest clause" in a will because doing so would subvert the overall intentions of the decedent.
By John Caher
5 minute read
July 29, 2014 | Law.com
Circuit Upholds 9/11 Display of Cross-Shaped Metal BeamA cross-shaped beam found in the wreckage of the 9/11 terrorist attacks can be displayed at the Ground Zero museum without violating the Establishment Clause because the artifact helps tell the story of the attacks without endorsing religion in any way, a unanimous panel of the U.S. Court of Appeals for the Second Circuit ruled on Monday.
By John Caher
5 minute read
July 28, 2014 | New York Law Journal
New York Urges High Court To Support Lending ActNew York is leading a coalition of 25 states urging the U.S. Supreme Court to uphold the rescission right of consumers under the Truth in Lending Act (TILA) to back away from a loan simply by giving written notice to the creditor.
By John Caher
2 minute read
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