Linton Mann Iii

July 16, 2024 | New York Law Journal

The Court of Appeals recently handed down a significant decision that clarified the choice-of-law principles governing alleged breaches of fiduciary duties in international business disputes. The case questioned whether Scottish law or New York law should govern the fiduciary duty claims that arose from the merger.

By Linton Mann III and William T. Russell Jr.

8 minute read

May 14, 2024 | New York Law Journal

The Court of Appeals recently overturned the criminal conviction of Hollywood producer Harvey Weinstein. The majority opinion reversed a decision of the Appellate Division, First Department that had affirmed Weinstein's conviction. There were two strongly worded dissents by Judges Singas and Cannataro.

By Linton Mann III and William T. Russell Jr.

7 minute read

April 16, 2024 | New York Law Journal

In a unanimous decision in 'Syeed v. Bloomberg', the Court of Appeals answered a certified question from the Second Circuit by holding that the New York City and New York State Human Rights Laws banning employment discrimination protect out-of-state residents who are not yet located or employed in New York but who sought an opportunity to work in New York.

By Linton Mann III and William T. Russell Jr.

7 minute read

March 19, 2024 | New York Law Journal

The Court of Appeals recently clarified that insurance policies providing coverage for "direct physical loss or damage" to an insured's premises do not apply to business interruption losses sustained as a result of COVID-19 absent some actual, material alteration to those premises or a complete and persistent dispossession from the premises.

By Linton Mann III and William T. Russell Jr.

5 minute read

February 20, 2024 | New York Law Journal

The Court of Appeals had a relatively quiet January and released four opinions. In 'People v. Messano', it considered whether the police had reasonable suspicion to detain the defendant and whether the People met their burden of showing that drug-related contraband should not be suppressed because the evidence was in plain view.

By Linton Mann III and William T. Russell Jr.

8 minute read

January 16, 2024 | New York Law Journal

In 'People v. Butler', the Court of Appeals recently decided an issue of first impression concerning the use of police dogs to detect the presence of illegal drugs on a suspect's body. In a unanimous opinion, it ruled that the use of a narcotics-detecting dog to sniff a suspect's body for evidence of a crime constitutes a search for purposes of the Fourth Amendment.

By Linton Mann III and William T. Russell Jr.

7 minute read

December 19, 2023 | New York Law Journal

The New York Court of Appeals released 18 opinions in November, the most in a single month in more than four years. One such opinion was 'People v. Cuencas' , in which the Court of Appeals considered whether the police had a reasonable basis to believe that a third party provided consent to enter a premises where the police found and arrested the defendants without a warrant.

By Linton Mann III and William T. Russell Jr.

10 minute read

November 14, 2023 | New York Law Journal

This article addresses 'People v. Douglas', a case in which the Court of Appeals recently addressed the constitutionality of the N.Y.P.D.'s protocol for inventory searches of vehicles, which represents one of the exceptions to the general rule that police must obtain a warrant before conducting a search.

By Linton Mann III and William T. Russell Jr.

5 minute read

July 18, 2023 | New York Law Journal

In Moore Charitable Foundation v. PJT Partners, the Court of Appeals considered the scope of an employer's duty of supervision over its employee and whether a complaint sufficiently alleged that an employer was on notice of its employee's propensity to commit fraud before the employee caused injury to the plaintiff. I

By Linton Mann III and William T. Russell Jr.

7 minute read

June 16, 2023 | New York Law Journal

In Scurry v. New York City Housing Authority and Estate of Murphy v. New York City Housing Authority, the court ruled in cases from the Appellate Division, Second Department and Appellate Division, First Department, respectively, that intentional attacks on the respective decedents were not an independent intervening cause that broke the proximate causal nexus between the New York City Housing Authority's (NYCHA) alleged negligence in failing to adequately safeguard the premises and the decedents' deaths.

By Linton Mann III and William T. Russell Jr.

6 minute read