Kylie Marshall

November 30, 2023 | New York Law Journal

Leaving passengers stranded on a vessel in extremis is not only against maritime tradition, but the optics are very bad, particularly with a jury. The captain of the dive boat Conception recently learned this lesson the hard way.

By James E. Mercante

8 minute read

November 29, 2023 | New York Law Journal

When a defendant fails to serve an answer to a complaint, CPLR 3215 provides a mechanism for obtaining a judgment on default by motion. For corporate defendants, this process almost invariably hinges on commencement documents served upon the Secretary of State. But what happens when that office fails to perform its mandated function to promptly forward these documents, as it has admittedly continued to do?

By Michelangelo Macchiarella and ­Peter S. Sanders

8 minute read

November 28, 2023 | New York Law Journal

It was heartening to read the opinions in the 12 criminal appeals decided by the Court of Appeals on Nov. 21, at least nine of which had as their jurisdictional predicate a grant of leave by a judge of the Court of Appeals.

By Thomas R. Newman

2 minute read

November 28, 2023 | New York Law Journal

In recent years, law firms have taken on an increasing number of contingency cases—but doing so can be a gamble. Fee delays, risk of loss, soaring out-of-pocket costs and potentially going years without revenue are just a few of the risks. It can also lead to unusual volatility in firm revenue. So why are so many firms turning to litigation funding to mitigate these risks? This article examines the benefits and risks of litigation funding and addresses successful models in cost and risk sharing. It also compares how funding can be used successfully as a tool at different types of law firms.

By Paul Haskel

8 minute read

November 28, 2023 | New York Law Journal

This column discusses recent noteworthy decisions of the U.S. District Court for the Northern District of New York. This installment addresses two recent decisions dealing with claims based on transactions facilitated by Facebook Marketplace. The first is a decision by U.S. District Judge Mae A. D'Agostino denying Meta Platforms Inc.'s motion to dismiss for lack of personal jurisdiction and the second is a decision by U.S. District Judge Glenn T. Suddaby granting Capital One's motion to dismiss a class action complaint asserting claims for violation of the Electronic Funds Transfer Act and related common law claims.

By Adam R. Shaw and Jenna C. Smith

10 minute read

November 27, 2023 | New York Law Journal

A number of recent cases involving blockchain platforms illustrate the difficulties that sometimes emerge in understanding what roles software coders do and don't play when it comes to such systems, and thus whether they may potentially be faced with liability.

By Robert A. Schwinger

17 minute read

November 27, 2023 | New York Law Journal

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

November 27, 2023 | New York Law Journal

Labor Law §240(1) and Labor Law §241(6) are important statutes in providing protection to workers engaged in a broad range of construction, demolition and other tasks. However, the two statutes are significantly different in their scope and proof.

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

12 minute read

November 22, 2023 | New York Law Journal

Over the past several years, franchisors and their advocates have created a "monster in the closet" mentality about the prospect of joint employer liability. multiple franchisor advocates have proclaimed the joint employer doctrine, if extended to franchisors, would destroy the franchise model.

By Ronald K. Gardner

6 minute read

November 22, 2023 | New York Law Journal

The title of this article suggests a notion that, in light of the highly complex and sophisticated rules of appellate procedure, is absurd. However, this very issue lies at the heart of the majority's compelling opinion, penned by Presiding Justice Diane T. Renwick, in 'Favourite v Cico'.

By Elliott Scheinberg

14 minute read