Roy L Reardon

November 03, 2006 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett LLP, write that one of the more vexing issues in tort litigation is determining whether an adequate scientific foundation exists for an expert opinion for it to be admitted into evidence.

By Roy L. Reardon and Mary Elizabeth McGarry

6 minute read

November 04, 2004 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, report that the tension experienced in our national elections this week between the need for strict adherence to procedures designed to ensure fair elections and the desire to avoid disenfranchising voters whose votes are called into question for reasons unrelated to fraud was also present in a recent High Court decision.

By Roy L. Reardon and Mary Elizabeth McGarry

11 minute read

December 07, 2006 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett LLP, discuss decisions of the Court of Appeals directing the appropriation of additional funds to New York City schools, although at a lesser level than plaintiffs had sought, and rejecting a constitutional challenge to legislation requiring certain employer health insurance policies to include coverage for contraception. Both cases raised the issue of judicial deference to the other branches of government.

By Roy L. Reardon and Mary Elizabeth McGarry

14 minute read

November 03, 2009 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, write that in recent decisions, the state's High Court held that property owners cannot take advantage of luxury decontrol from rent stabilization during a period in which they took advantage of J-51 tax incentives, interpreted New York's champerty statute narrowly in a suit arising out of securitized mortgages, and rejected a challenge by certain state senators to Governor David Paterson's appointment of Richard Ravitch as lieutenant governor.

By Roy L. Reardon and Mary Elizabeth McGarry

13 minute read

August 12, 2005 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson, Thacher & Bartlett, review recent decisions, including the reinforcement of New York's recidivist laws and the statutory ban on televised trials.

By Roy L. Reardon and Mary Elizabeth McGarry

10 minute read

July 11, 2008 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, write last month the Court of Appeals resolved an issue over which federal and state courts had been split, finding that executives are within the definition of "employee" for purposes of Labor Law §§190 and 193. In another case, it held that trial courts have the discretion to direct forfeitures of peremptory challenges to remedy a party's exercise of challenges for discriminatory reasons.

By Roy L. Reardon and Mary Elizabeth McGarry

9 minute read

August 13, 2009 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, write: If a doctor performing an independent medical examination pursuant to CPLR 3121 inflicts injury in the process, may the injured person maintain an action for negligence? The answer is no, the injured person only has a cause of action for medical malpractice, the Court of Appeals ruled recently. We discuss that decision, as well as a decision involving the extent of an automobile seller's security interest in a vehicle when the owner files for bankruptcy, and a decision involving the New York City Department of Investigation's authority to investigate a person neither employed by nor doing work for the city for possible misconduct while appearing in a public forum.

By Roy L. Reardon and Mary Elizabeth McGarry

11 minute read

July 08, 2009 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, discuss recent cases in which the Court held that unnamed plaintiffs in class actions will not be presumed to have access to class counsel's documents gathered in preparing the case, found no constitutional violation from the unequal amount of disability benefits provided to legal aliens who had not become citizens within seven years than to other legal aliens and citizens, and overturned a municipal curfew as violative of the substantive due process rights of both minors and their parents.

By Roy L. Reardon and Mary Elizabeth McGarry

11 minute read

March 11, 2005 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett LLP, discuss the Court of Appeals' dismissal of an action against the state that challenged the adequacy of education provided to students in certain schools outside of New York City, as well as several decisions relating to criminal practice.

By Roy L. Reardon And Mary Elizabeth McGarry

13 minute read

February 10, 2005 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, write that the Court of Appeals recently handed down two significant insurance decisions, both written by Judge George Bundy Smith. They discuss those decisions, as well as a case brought against an architecture firm that addresses when claims, including claims arising from a breach of contract, are subject to the three-year statute of limitations for nonmedical malpractice.

By Roy L. Reardon and Mary Elizabeth McGarry

9 minute read