Patricia Kane

March 05, 2021 | New York Law Journal

For the last 15 years, the courts in this Circuit have consistently split on a focused question: are private foster care agencies state actors for purpose of 42 U.S.C. §1983 liability? The district courts have the task of reconciling two Second Circuit decisions from the 1970s, finding state actor status, with 40 years of subsequent Supreme Court precedent that dictates the opposite answer.

By Sofya Uvaydov, Timothy Capowski and Jennifer Graw

15 minute read

March 02, 2021 | New York Law Journal

Scott E. Mollen, a partner at Herrick, Feinstein, discusses 'Piscionere v. Gori,' 'Gutnick v. Jacobson,' and 'Alir Inc. v. Jiminez.'

By Scott E. Mollen

20 minute read

March 02, 2021 | New York Law Journal

The Appellate Division has just ruled in your favor but a tenacious adversary has elected to file a motion for permission to appeal to the Court of Appeals to seek one last bite at the apple. In their Appellate Practice column, Thomas Newman and Steven Ahmuty Jr. discuss the ins and outs surrounding these motions including threshold issues, errors to avoid and drafting considerations.

By Thomas R. Newman and Steven J. Ahmuty Jr.

11 minute read

March 02, 2021 | New York Law Journal

Last month, the Appellate Division, First Department issued favorable rulings to landlords in 'Harris v. Israel' and 'Kreloff v. NYSDHCR.' In their Rent Stabilization column, Warren Estis and Jeff Turkel analyze both decisions.

By Warren A. Estis and Jeffrey Turkel

7 minute read

March 01, 2021 | New York Law Journal

The Second Circuit's recent decision in 'Lucente v. County of Suffolk' provides important guidance on the relevance and sufficiency of evidence to prove a municipal custom or practice. Martin A. Schwartz discusses the case in this edition of his Section 1983 Litigation column.

By Martin A. Schwartz

10 minute read

March 01, 2021 | New York Law Journal

The public hearing, scheduled for March 8, is for receiving information regarding Mayor Bill DiBlasio's nominees for Civil Court judges. Read the full public notice here.

By Patricia Kane

2 minute read

February 26, 2021 | New York Law Journal

Eliminating ambiguity created in the First and Fourth Departments, the Second Department places the burden squarely on defendants for the exclusion of 'IME Watchdogs.'

By Andrea M. Alonso and Kevin G. Faley

9 minute read

February 25, 2021 | New York Law Journal

And other announcements of recent hirings and promotions of New York attorneys.

By Patricia Kane

3 minute read

February 25, 2021 | New York Law Journal

This article provides a discussion of the policies that have been implemented amid the pandemic which have transformed our civil legal practice for the better, creating unique opportunities for permanent reform once the pandemic is over.

By Adam Calvert and Andrew Thebaud

8 minute read

February 24, 2021 | New York Law Journal

A review of regulatory guidance concerning the retention of communications sent by text such as SMS and messaging apps like WhatsApp and GroupMe. The article also looks at recent enforcement activity involving these types of communications and concludes with some practical steps broker-dealers may consider to enhance compliance.

By Lisa H. Bebchick, Shannon Capone Kirk, and Anne Conroy

8 minute read