Richard J Schager Jr

May 16, 2024 | New York Law Journal

Procedures for obtaining a Preliminary Conference Order have been amended to permit lawyers to avoid the conference altogether if they meet certain criteria. Attorney Richard Schager, chair of the working groups at NYCBA and NYSBA that developed the amendments to §202.12, discusses the changes, including what prompted the proposal and what changes were made to the initial proposal in order to accommodate public comments.

By Richard J. Schager, Jr.

11 minute read

November 25, 2019 | New York Law Journal

What is remarkable about 'Maddicks' is that the Court of Appeals and a panel of the First Department mustered only bare majorities to reach this unremarkable conclusion.

By Richard J. Schager Jr.

13 minute read

January 23, 2018 | New York Law Journal

Richard J. Schager Jr. writes: In a 4-3 decision last month, a divided New York Court of Appeals held that where an action brought as a class action is voluntarily dismissed, CPLR 908 requires both (1) judicial approval and (2) notice to the putative class, even where the class has not been certified, and even if no class certification motion has been made.

By Richard J. Schager Jr.

15 minute read

July 07, 2015 | New York Law Journal

Richard J. Schager Jr. writes that while the New York Legislature has yet to mount an effort to reform state class action rules to require judges to consider counsel's experience in appointing class counsel as their federal counterparts must, recent decisions suggest that courts already are giving greater scrutiny to class certification motions seeking the appointment of class representatives and class counsel.

By Richard J. Schager, Jr.

16 minute read

July 06, 2015 | New York Law Journal

Richard J. Schager Jr. writes that while the New York Legislature has yet to mount an effort to reform state class action rules to require judges to consider counsel's experience in appointing class counsel as their federal counterparts must, recent decisions suggest that courts already are giving greater scrutiny to class certification motions seeking the appointment of class representatives and class counsel.

By Richard J. Schager, Jr.

16 minute read

February 28, 2013 | New York Law Journal

Richard J. Schager Jr., a partner at Stamell & Schager, writes: The concept that a nominee to the Court of Appeals should be a "representative" of an ethnic or social group, however antithetical to the New York Constitution and the Judiciary Law, is the direct result of the politicization of the judicial selection process by the rules of the Commission on Judicial Nomination.

By Richard J. Schager Jr.

8 minute read