Martin

January 08, 2025 | New York Law Journal

The author writes "A §1983 action for damages may be based on suppression of evidence in violation of Brady due process rights, However, because a §1983 Brady claim necessarily implicates the validity of a conviction, the claim is not cognizable until the conviction has been overturned. Heck v. Humphrey, 512 U.S. 477 (1994). My major purpose here is to analyze how Brady law applies in §1983 actions."

By Martin A. Schwartz

13 minute read

December 18, 2024 | Legaltech News

This article presents a roadmap for mastering data’s lifecycle, framed around three key pillars: (1) minimization, (2) curation, and (3) transformation.

By Richard Finkelman and Gevorg Karapetyan and Tom Martin and Kassi Burns and Olga V. Mack

13 minute read

December 17, 2024 | New Jersey Law Journal

There is enormous potential in the development and use of AI in products liability mass and class actions, not yet as a replacement for human attorneys, but as a powerful force multiplier.

By Martin P. Schrama and Stefanie Colella-Walsh

8 minute read

December 09, 2024 | The Legal Intelligencer

The last time the Republicans had such control was from 2017 to 2019. Among conservatives, however, there has been a divergence on the role of the antitrust laws. Some prefer a softened approach to antitrust enforcement while others, colloquially referred to as “Khanservatives,” agree with the more aggressive antitrust enforcement characteristic of the whole-of-government approach deployed by the Biden administration and Federal Trade Commission Chair Lina Khan.

By Carl W. Hittinger and Andrew J. Martin

7 minute read

November 27, 2024 | New York Law Journal

The authors write "The ADA prohibits discrimination against individuals with disabilities. Title I of the ADA prohibits employment discrimination against qualified individuals with disabilities by employers—including private employers, state and local governments, employment agencies and labor unions—with 15 or more employees."

By Martin Flumenbaum and Brad S. Karp

7 minute read

November 20, 2024 | New York Law Journal

Two recent decisions holding that stand-alone websites are not places of public accommodation subject to the protections of Title III of the Americans with Disabilities Act have reopened a legal issue that many considered settled in the Southern District of New York. This potential trend provides hope for e-commerce businesses facing nuisance website accessibility lawsuits.

By Martin S. Krezalek

10 minute read

October 30, 2024 | New York Law Journal

"the U.S. Court of Appeals for the Second Circuit addressed when a state can establish standing pursuant to the parens patriae doctrine, and, in particular, the contours of the requirement that a state show that there has been an injury to a substantial segment of the state's population."

By By: MARTIN FLUMENBAUM, BRAD S. KARP and ALEXI POLDEN

6 minute read

October 23, 2024 | New York Law Journal

Martin Schwartz discusses the legal landscape for individuals challenging the constitutionality of what they believe to be a retaliatory arrest.

By Martin A. Schwartz

12 minute read

September 25, 2024 | New York Law Journal

With the U.S. Supreme Court beginning its October Term 2024 in the coming weeks, we conduct our 40th annual review of the performance of the U.S. Court of Appeals for the Second Circuit in the Supreme Court during the past term.

By Martin Flumenbaum and Brad S. Karp

8 minute read

September 06, 2024 | Daily Report Online

The 14-year-old suspect in a shooting that killed four people at a Georgia high school and his father will stay in custody after back-to-back court hearings Friday morning where their lawyers declined to seek bail.

By Jeff Amy and Jeff Martin | The Associated Press

5 minute read