Lynn K Neuner

July 21, 2020 | New York Law Journal

In their New York Court of Appeals Roundup, Neuner and Russell review a recent decision in which the Court of Appeals examined the powers of law enforcement officers acting outside the scope of their jurisdiction to stop a vehicle for traffic violations and effectively conduct an "arrest."

By Lynn K. Neuner and William T. Russell Jr.

7 minute read

May 19, 2020 | New York Law Journal

In their New York Court of Appeals Roundup, Lynn Neuner and William Russell, Jr. discuss how the court recently reaffirmed New York's public policy favoring arbitration and the ability of parties to consensually define the parameters of their dispute resolution process in American International Specialty Lines Insurance Company v. Allied Capital Corporation.

By Lynn K. Neuner and William T. Russell Jr.

7 minute read

April 14, 2020 | New York Law Journal

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss a recent decision in which the court decided that an individual who served as a courier for the delivery service Postmates qualified as an "employee" and Postmates was therefore required to make contributions to the unemployment insurance fund for him and other similarly situated individuals.

By Lynn K. Neuner and William T. Russell Jr.

9 minute read

March 17, 2020 | New York Law Journal

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss a recent four-to-three decision in which a narrow majority of the Court of Appeals reversed a trial court's sentencing determination that had been based on information from an unrelated criminal action in which the same defendant had been acquitted of all charges.

By Lynn K. Neuner and William T. Russell Jr.

7 minute read

January 16, 2020 | New York Law Journal

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'People v. Udeke', in the defendant argued that he was not clearly informed at his plea allocution that he had a right to a jury trial on the class B offense and that his plea accordingly was not a voluntary and knowing waiver of his rights. The court rejected the defendant's argument.

By Lynn K. Neuner and William T. Russell Jr.

7 minute read

December 17, 2019 | New York Law Journal

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss the recent decision in 'People v. Li', in which the court upheld the manslaughter convictions of a physician who prescribed opioids to two individuals who subsequently died from overdoses. This case evidences the growing effect that the opioid crisis is having on our society, including with respect to criminal jurisprudence.

By Lynn K. Neuner and William T. Russell Jr.

6 minute read

November 13, 2019 | New York Law Journal

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss the recent decision in 'Maddicks v. Big City Properties', a landlord-tenant action in which the court addressed the issue of whether it is appropriate to dismiss class action claims at the motion to dismiss stage.

By Lynn K. Neuner and William T. Russell Jr.

7 minute read

July 16, 2019 | New York Law Journal

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'In the Matter of Kosmider v. Whitney', in which the Court of Appeals determined that there is no basis to distinguish between scanned images and paper ballots under Election Law §3-222, which restricts the disclosure of ballots for the two years after an election.

By Lynn K. Neuner and William T. Russell Jr.

8 minute read

June 18, 2019 | New York Law Journal

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss a recent real estate decision showcasing a debate on the freedom to contract and the circumstances under which parties' negotiated contract terms will be disregarded based on public policy grounds.

By Lynn K. Neuner and William T. Russell Jr.

8 minute read

April 16, 2019 | New York Law Journal

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell discuss the recent case 'People v. Alvarez', where the court addressed an ineffective assistance of appellate counsel claim. The authors write that the decision is “notable for the unusually direct criticism with which the judges address each other's arguments in the majority opinion and two strong dissents.”

By Lynn K. Neuner and William T. Russell

7 minute read