February 08, 2024 | New York Law Journal
Felon in Possession, New York Gun Ban and Disqualification of CounselThis column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Kiyo A. Matsumoto denied defendant's motion to withdraw his guilty plea and dismiss the indictment charging him as a felon in possession. Judge Frederic Block dismissed an action for a declaration holding New York's ban on assault weapons unconstitutional. Magistrate Judge Lee G. Dunst granted a motion to disqualify counsel.
By Thomas Kissane and John Moore
9 minute read
February 05, 2024 | New York Law Journal
Spoliation of Evidence in Malpractice ActionsThere have been a significant number of Appellate Division decisions addressing motions by plaintiffs in malpractice actions seeking sanctions against defendants for spoliation of evidence, as well as a few involving malpractice defendants seeking sanctions against plaintiffs. Those decisions are the subject of this column.
By Thomas A. Moore and Matthew Gaier
15 minute read
January 11, 2024 | New York Law Journal
Judicial Immunity, Denial of Sanctions and Disqualification of CounselThis column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Gary R. Brown dismissed a complaint against United States Bankruptcy Court Chief Judge Alan S. Trust and others based on judicial immunity. Magistrate Judge Vera M. Scanlon denied a motion for sanctions and adverse inferences. Magistrate Judge James M. Wicks granted a motion to disqualify counsel.
By Samuel Butt and John Moore
8 minute read
January 08, 2024 | Legaltech News
Navigating Board Turbulence: Lessons From OpenAIThe rollercoaster of events at OpenAI serve as a reminder of the power dynamics and challenges that even the most innovative and groundbreaking companies face.
By Louis Lehot, Lyman Thai, Patrick Daugherty & Stephen Moore, Foley & Lardner
18 minute read
December 04, 2023 | New York Law Journal
Equitable Estoppel and Public HospitalsWhen notice of a medical malpractice claim is not filed timely and the statute of limitations to bring a motion for permission to serve a late notice of claim expires, a court is not required to grant relief. The only avenue for a claimant who failed to file timely may be to argue the municipal defendant should be equitably estopped from seeking dismissal. The application of this doctrine to notices of claim and municipal hospitals is the subject of this article.
By Thomas A. Moore and Matthew Gaier
16 minute read
November 08, 2023 | New York Law Journal
First Amendment Challenge, Section 1983 Claims, Failure To Show Irreparable InjuryThis column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Kovner dismissed a First Amendment challenge to a school district's policy of restricting comment at school board meetings to local residents. Judge Vitaliano granted defendants' motion to dismiss plaintiffs' claims under 42 U.S.C. §1983 concerning the Mitchell-Lama housing program. Judge Brown found that plaintiffs challenging New York state gun control legislation had not made a sufficient showing of irreparable injury to support preliminary injunctive relief.
By Thomas Kissane and John Moore
10 minute read
October 04, 2023 | New York Law Journal
Lifetime Achievement: Christine A. Varney"Cravath, Swaine & Moore partner Christine A. Varney is widely recognized as one of the country's foremost antitrust experts, indelibly shaping competition law in both government service and private practice."
By Cravath, Swaine & Moore
6 minute read
August 21, 2023 | New York Law Journal
How to Appeal Unappealable OrdersLitigators must be able to identify when an appeal cannot be taken. Effective and creative appellate litigators know how to appeal an adverse ruling anyway.
By John Moore
7 minute read
August 03, 2023 | The Legal Intelligencer
Supporting Employees Through Divorce: Companies Offer Help With New BenefitsIt's encouraging to see some companies stepping up to the plate and acknowledging the difficulties their employees face during this trying time.
By Holly J. Moore
4 minute read
July 31, 2023 | New York Law Journal
Discovery of Surveillance Video in Medical Malpractice ActionsIn personal injury and medical malpractice actions in which plaintiffs have alleged they sustained injuries that have impaired their abilities to engage in their normal activities, it is not uncommon for the defendants to hire investigators to surveille and make video recordings of the plaintiff that may appear to refute, or confirm, the nature and degree of the impairment.
By Thomas A. Moore and Matthew Gaier
15 minute read
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