Patricia Kane

July 14, 2020 | New York Law Journal

The Appellate Court rejected the proverbial "needle in the haystack" excuse, where the FOIL records sought are clearly defined.

By Joey Aron

13 minute read

July 13, 2020 | New York Law Journal

This series outlines the most common ways businesses and their owners get sued and what can be done to minimize that risk. This final post focuses on COVID-19 related lawsuits.

By Damien H. Weinstein

6 minute read

July 13, 2020 | New York Law Journal

Justice John Paul Stevens, who would have turned 100 in April, passed away one year ago this July. His 2019 autobiography discussed his position in many of his cases. One case not mentioned was 'Fedorenko v. United States.' The decision's significance and concomitant symbolism warrant revisiting Stevens' dissent.

By Lee A. Spielmann

9 minute read

July 13, 2020 | New York Law Journal

Part one in a three-part series discussing the different angles of the nuclear verdict/social inflation dilemma in New York.

By Timothy R. Capowski, John F. Watkins, and Jonathan P. Shaub.

17 minute read

July 09, 2020 | New York Law Journal

A discussion of how the "reasonable consumer" test is supposed to work and how some courts have applied it to dismiss claims at the pleading stage while others have decided that "reasonable consumer" questions can't be judged until later in the case. Appellate guidance has been scattered, but there are some common threads in the court decisions.

By Jeffrey S. Jacobson

8 minute read

July 09, 2020 | New York Law Journal

Alternative litigation financing for infants in birth injury medical malpractice cases in New York levels the playing field.

By James P. Fitzgerald and John M. Daly

11 minute read

July 08, 2020 | New York Law Journal

After being forced to wait for the New York State Courts to reopen, parties flood the court with litigation concerning transactions that failed to close before the COVID-19 pandemic.

By Michael Mix and Jason Gottlieb

7 minute read

July 07, 2020 | New York Law Journal

This case illustrates why, generally, developers' lawyers advise their clients that they should not sue the opponents of their projects.

By Scott E. Mollen

15 minute read

July 07, 2020 | New York Law Journal

With occupancy levels likely to remain well below historical norms for the foreseeable future, and hotel employees and their union representatives demanding that strict safety protocols be put in place before employees return to work, hotel owners and operators are preparing themselves for the next reckoning: what to do with furloughed employees that remain unneeded given the low levels of demand, but will expect sizeable severance if the furloughs persist and become a permanent layoff.

By Todd E. Soloway and Bryan T. Mohler

7 minute read

July 07, 2020 | New York Law Journal

An overview of the DACA program and eligibility requirements including practical effect of the SCOTUS decision on practitioners and eligible applicants.

By Pankaj Malik

8 minute read