Leonard B Austin

January 30, 2024 | Law.com

After 21 years as a private practitioner/litigator and eight runs for public office (five of which were for judicial office), I was finally elected to…

By by Hon. Leonard B. Austin (Ret.)

6 minute read

May 26, 2023 | Law.com

When it comes to trying or arbitrating construction cases, the traditional, formal trial format is simply impractical, cumbersome, too lengthy, and quite expensive. Imagine a construction trial or arbitration with only 50 contract items in dispute and just two exhibits per item. How long would it take to litigate?

By By Hon. Leonard B. Austin (Ret.)

8 minute read

March 20, 2023 | New York Law Journal

Many cases present unique questions of law, difficult fact patterns, unusual evidentiary problems or procedural challenges. Such situations call for creativity, patience, and, most importantly, cooperation. There is no case that should be viewed as insoluble or unmanageable.

By Leonard B. Austin

8 minute read

April 20, 2022 | New York Law Journal

No matter what stage of litigation the matter is in, any case can be settled! It just takes time, patience, a sense of humor, and commitment to see it through.

By Leonard B. Austin

6 minute read

September 28, 2016 | New York Law Journal

Second Department Justices Thomas A. Dickerson and Leonard B. Austin review a number of trial court and appellate court decisions rendered in 2016 interpreting CPLR Article 9, New York State's class action statute.

By Thomas A. Dickerson and Leonard B. Austin

20 minute read

November 25, 2015 | New York Law Journal

Thomas A. Dickerson and Leonard B. Austin write: A number of exciting trial court and appellate court decisions were rendered in 2015 interpreting CPLR Article 9, New York State's class action statute. Some of the issues the courts dealt with were mass physical injury and property damage torts, the enforceability of mandatory arbitration clauses and class action waivers, the viability of disclosure only settlements, and challenges to the class representative's standing by offering to settle his or her individual claim.

By Thomas A. Dickerson and Leonard B. Austin

12 minute read

November 24, 2015 | New York Law Journal

Thomas A. Dickerson and Leonard B. Austin write: A number of exciting trial court and appellate court decisions were rendered in 2015 interpreting CPLR Article 9, New York State's class action statute. Some of the issues the courts dealt with were mass physical injury and property damage torts, the enforceability of mandatory arbitration clauses and class action waivers, the viability of disclosure only settlements, and challenges to the class representative's standing by offering to settle his or her individual claim.

By Thomas A. Dickerson and Leonard B. Austin

12 minute read

December 22, 2014 | New York Law Journal

Thomas A. Dickerson and Leonard B. Austin discuss how the Court of Appeals clarified the circumstances under which class plaintiffs, particularly, tenants, may waive a statutory penalty pursuant to CPLR 901(b).

By Thomas A. Dickerson and Leonard B. Austin

11 minute read

December 24, 2013 | New York Law Journal

Thomas A. Dickerson and Leonard B. Austin, associate justices of the Appellate Division, Second Department, write: The positive trend in the receptivity of New York courts in making our class action statute more readily available to groups of litigants continued in 2013. In addition, it is time for the Legislature to consider shedding the unnecessary and vestigial CPLR §901(b) so as to make our class action statute as modern and relevant as those of most other states.

By Thomas A. Dickerson and Leonard B. Austin

13 minute read

June 18, 2013 | Commercial Litigation Insider

After nearly 10 years as a Commercial Division justice and now nearly four years as an associate justice in the Appellate Division, Second Department, I read with interest the article by Justice David Saxe of the First Department, "Improving Appellate Review of Commercial Division Litigation," (NYLJ, Jan. 23).

By Leonard B. Austin

5 minute read