Roy L Reardon

April 12, 2006 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett LLP, review recent decisions of the Court of Appeals, including one in which it held that the Civil Practice Law and Rules (CPLR) �1601 provision limiting the liability of a joint tortfeasor for noneconomic loss applies to claims for common-law indemnification, and another where the Court struck a waste disposal tax in its entirety rather than modify its provisions to cure its constitutional defect.

By Roy L. Reardon and Mary Elizabeth McGarry

9 minute read

March 10, 2006 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett LLP, review recent decisions in which the Court of Appeals clarified which crimes are lesser-included offenses of first-degree intentional felony murder, reaffirmed that defendants should be equitably estopped from invoking a statute of limitations defense only when defendants' wrongdoing caused a delay in commencement of a suit, and held that the validity of a legislative enactment can be decided in an Article 78 proceeding.

By Roy L. Reardon and Mary Elizabeth McGarry

11 minute read

May 09, 2002 | New York Law Journal

T his month we address several recent decisions of the Court of Appeals on a variety of subjects. For example, in an employment discrimination case, the Court found an abuse of discretion for the Human Rights Division to deny pre-determination interest on a back-pay award.

By Roy L. Reardon And Mary Elizabeth Mcgarry

9 minute read

June 12, 2003 | New York Law Journal

By ROY L. REARDON AND MARY ELIZABETH McGARRY

11 minute read

August 09, 2007 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, discuss the Court's clarification of an insurer's duty to defend an "additional insured" on the same basis as the named insured on a policy, its ruling on the disclosure to the trial court and the other parties of a "high-low agreement" between a plaintiff and defendant, and its decisions in two criminal cases.

By Roy L. Reardon and Mary Elizabeth McGarry

12 minute read

February 07, 2008 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, discuss recent decisions in which the court addressed the requirements for a common-law unfair competition claim for misappropriation of a famous trademark, concluded that an 1858 precedent no longer posed a bar to a defendant consenting to having a jury of 11 decide the charges against him, and determined that, with limited in-state and internet activities, the defendant was not subject to long-arm jurisdiction.

By Roy L. Reardon and Mary Elizabeth McGarry

10 minute read

January 08, 2002 | New York Law Journal

I n the three decisions that we address this month, the Court of Appeals was, atypically, divided. In each case, the majority and dissenting opinions engaged in spirited discussion of the other`s analysis. In a criminal appeal, the Court upheld (4-3) traffic stops made after a Vehicle & Traffic Law violation is observed but for the purpose of investigating other suspected wrongdoing. In a malpractice action, the Court held (6-1) that defendants were collaterally estopped by the result in a separate litigati

By Roy L. Reardon And Mary Elizabeth Mcgarry

12 minute read

December 29, 2005 | New York Law Journal

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, discuss three civil cases that revolve around the defendants' alleged duties. Also, they analyze a criminal where the Court set standards for obtaining consent to a destructive vehicle search.

By Roy L. Reardon and Mary Elizabeth McGarry

12 minute read

February 07, 2002 | New York Law Journal

T he Court of Appeals declined to give full faith and credit to a sister state`s with-prejudice dismissal, a rare result that drew a reaction from the Attorney General of Connecticut.

By Roy L. Reardon And Mary Elizabeth Mcgarry

11 minute read

February 28, 2002 | New York Law Journal

L ast month the Court of Appeals decided two criminal cases involving Sandoval rulings on the extent to which prior convictions could be used to impeach an accused exercising his right to testify and indicated that trial courts will be granted wide latitude in determining the scope of such cross-examination. It also dealt with the application of the doctrine of preclusion based on the public policy of denying recovery to those injured in the course of committing illegal acts.

By Roy L. Reardon And Mary Elizabeth Mcgarry

10 minute read