Lynn K Neuner

March 13, 2019 | New York Law Journal

In their New York Court of Appeals Roundup, William T. Russell Jr. and Lynn K. Neuner discuss 'People v. Diaz', in which the Court of Appeals recently issued a decision with important implications for the privacy concerns of individuals in pretrial detention.

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

7 minute read

January 15, 2019 | New York Law Journal

In their New York Court of Appeals Roundup, William T. Russell Jr. and Lynn K. Neuner discuss a recent decision in which the court rejected a FOIL request by the New York Civil Liberties Union for certain New York Police Department disciplinary records on the grounds that they are exempted from disclosure by §50-a of the Civil Rights Law.

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

7 minute read

December 18, 2018 | New York Law Journal

In their New York Court of Appeals Roundup, William T. Russell Jr. and Lynn K. Neuner discuss a recent significant ruling on expert proof in the asbestos arena, in which the Court of Appeals held that the plaintiff in a mesothelioma case had not provided sufficient evidence of causation and affirming the vacatur of an $11 million jury award.

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

6 minute read

November 14, 2018 | New York Law Journal

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'Deutsche Bank National Trust Company v. Flagstar Capital Markets Corporation', the latest in a series of decisions construing the application of New York's statute of limitations to residential mortgage backed securities (RMBS) claims.

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

8 minute read

July 17, 2018 | New York Law Journal

In their New York Court of Appeals Roundup, William T. Russell Jr. and Lynn K. Neuner analyze an important decision in the residential mortgage-backed securities litigation saga.

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

1 minute read

May 16, 2018 | New York Law Journal

In their New York Court of Appeals Roundup column, Lynn K. Neuner and William T. Russell Jr. discuss 'People v. Aleynikov,' where the Court of Appeals addressed the question of whether intellectual property such as computer source code becomes “tangible” when it is saved to a computer hard drive.

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

6 minute read

April 17, 2018 | New York Law Journal

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss a fascinating 4-3 split decision in which the Court of Appeals has tackled what one judge has called “a vexing issue regarding comparative fault”—namely, whether a tort plaintiff must establish that there are no material disputed facts about whether he or she was comparatively negligent in order to prevail on a motion for partial summary judgment as to a defendant's liability.

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

8 minute read

March 14, 2018 | New York Law Journal

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'Forman v. Henkin', a unanimous decision in which the court held that the normal rules of discovery applied to a party's social media posts and the mere fact that certain information had been designated “private” did not require a higher or different discovery standard.

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

6 minute read

January 16, 2018 | New York Law Journal

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'People v. Boone', in which the Court of Appeals held that, in a case in which a witness's identification of the defendant is at issue, and the identifying witness and defendant appear to be of different races, a trial court is required to give, upon request, a jury charge on the cross-race effect during final instructions.

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

8 minute read

December 19, 2017 | New York Law Journal

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss a case in which the Court of Appeals clarified the requirements for plaintiffs seeking to bring shareholder derivative actions against Cayman Islands companies in New York State courts.

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

6 minute read