Roy L Reardon

December 15, 2004 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, discuss three recent decisions where the Court rejected a presumption of child neglect, found that a single commissioner on an election board can challenge conduct that disadvantages his political party, and resolved the issue of when a brain injury constitutes a "grave injury" for purposes of the Workers' Compensation Law.

By Roy L. Reardon and Mary Elizabeth McGarry

11 minute read

June 12, 2008 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, discuss recent decisions in which the Court held that post-release supervision must be pronounced by the judge before the defendant at the time of sentencing, interpreted the CPLR's pleading requirement for fraud claims, and, in a cautionary tale for lawyers, upheld the striking of a defendant's answer as a sanction for discovery abuse, even though that resulted in a substantial default judgment in a case of doubtful validity.

By Roy L. Reardon and Mary Elizabeth McGarry

9 minute read

June 13, 2002 | New York Law Journal

A divided Court of Appeals interpreted statutory indemnification provisions in a 4-3 decision of importance to directors and officers who may wish to retain counsel separate from that of the corporation in defending a suit arising out of their position. This month we discuss that decision, Baker v. Health Management Systems, Inc., and well as Mahoney v. Pataki, in which the Court found that its capital case fee schedule`s provision for legal and paralegal assistance is reasonable .

By Roy L. Reardon And Mary Elizabeth Mcgarry

11 minute read

June 11, 2009 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, write that the attachment of a GPS device to a vehicle without a warrant constitutes an illegal search under the New York state constitution. In another case, they report that the High Court reversed a decision granting summary judgment to the defendant in a product liability case, finding a genuine issue of material fact as to whether a product sold without an optional safety feature was defectively designed.

By Roy L. Reardon and Mary Elizabeth McGarry

13 minute read

March 17, 2010 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, review recent decisions of interest, including the court's holding on judicial salaries, a ruling that New York law governs the parental rights of a father who adopted a child in Cambodia because both parent and child now reside in the state, and a decision holding that intangible property, such as the ownership interests in out-of-state businesses at issue, follows the owner, and thus may be garnished by in-state service of a garnishment order upon owner/debtor, regardless of where he resides.

By Roy L. Reardon and Mary Elizabeth McGarry

12 minute read

August 14, 2002 | New York Law Journal

T HE COURT of Appeals last month decided the first full appeal of a death sentence imposed under the 1995 statute that reauthorized capital punishment in New York, People v. Harris. The Court reversed the death sentence due to infirmities in the statute`s plea provisions at the time of trial and, thus, did not find it necessary to reach the argument that the death penalty scheme violates the state constitution`s cruel and unusual punishment clause.

By Roy L. Reardon And Mary Elizabeth Mcgarry

11 minute read

July 11, 2002 | New York Law Journal

T HE COURT put to rest an Article 16 interpretation issue on which Appellate Division departments and even different panels within the First Department had been split, finding permissible the apportionment of damages between a negligent defendant and a jointly and severally liable non-party tortfeasor who engaged in intentional wrongdoing.

By Roy L. Reardon And Mary Elizabeth Mcgarry

10 minute read

April 10, 2009 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, write that the Court of Appeals has: appealed to the Legislature to address the rules applicable to equitable subrogation in a personal injury action and to reexamine the CPLR provision covering intervention by permission; reversed a libel verdict in favor of a public official, finding insufficient evidence of actual malice; and it held that under the circumstances, the 13-minute investigative detention of a defendant was not justifiable.

By Roy L. Reardon and Mary Elizabeth McGarry

12 minute read

April 12, 2007 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett LLP, discuss recent decisions of the Court, in which it addressed expert evidence on the reliability of eyewitness identifications, grandparent visitation rights, statements made on a broker's discharge form and the requirements of Court of Claims Act �11(b) in a personal injury action.

By Roy L. Reardon and Mary Elizabeth McGarry

13 minute read

January 20, 2010 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, discuss recent decisions involving whether live two-way video violates a defendant's constitutional right to confront witnesses against her; whether liability under Labor Law §240(1) requires that a worker be injured by falling or being struck by a falling person or object; and the statutory safe harbor provisions of the Surrogate's Court Procedure Act §1404 and the Estates, Powers and Trusts Law §3-3.5.

By Roy L. Reardon and Mary Elizabeth McGarry

11 minute read