December 21, 2011 | New York Law Journal
'Occupy the Field' Preemption, 'Serious Injury' Under No-Fault LawIn this installment of the New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and Mary Elizabeth McGarry discuss the recent decision in People v. First American Corp., the Court's resolving three appeals from decisions determining that plaintiffs' injuries from automobile accidents were "serious" as defined in the no-fault statute, and detail reversals regarding prisoners' rights and the dangerousness of a stun gun.
By Roy L. Reardon and Mary Elizabeth McGarry
11 minute read
April 18, 2012 | New York Law Journal
Expert Testimony on False Confessions and Territorial Limits of Donnelly ActIn their New York Court of Appeals Roundup, Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, analyze, among other rulings, a decision where the Court construed the Donnelly Act, New York's version of the Sherman Act, and reached two significant conclusions. First, to survive a motion to dismiss a plaintiff must allege market power in the relevant market in which defendants are alleged to have restrained trade. Second, an overseas conspiracy must have a very close nexus to harm to competition in the state for it to fall within the reach of New York's statute.
By Roy L. Reardon and Mary Elizabeth McGarry
12 minute read
November 16, 2011 | New York Law Journal
Court Decides Numerous Criminal Appeals and Discusses FOIL RequestsIn this month's New York Court of Appeals Roundup, Roy L. Reardon and Mary Elizabeth McGarry of Simpson Thacher & Bartlett review appeals which consider the admission of testimony from an expert on eyewitness identification, and whether a deportee has a right to pursue the appeal of his conviction, as well as the Freedom of Information Law's efficiency in the courts.
By Roy L. Reardon and Mary Elizabeth McGarry
12 minute read
May 15, 2013 | New York Law Journal
Closing Courtroom, Standard to Decide 'Severe Abuse,' Turnover Order SoughtIn their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr., partners at Simpson Thacher & Bartlett, discuss a trio of decisions discussing the ability of a trial court to close the courtroom during a criminal proceeding to protect the identity of testifying undercover police officers, a case in which the court clarified the standard to be applied in determining when a parent can be found to have engaged in "severe abuse" of a child, and more.
By Roy L. Reardon and William T. Russell Jr.
12 minute read
May 12, 2006 | Law.com
New York Court of Appeals RoundupRoy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett LLP, discuss the recent decision of the Court of Appeals holding that, although the defendant was deprived of his right to counsel at a suppression hearing, he was not entitled to a new trial because it was clear beyond a reasonable doubt that representation by counsel at the hearing could not have altered the outcome of the case.
By Roy L. Reardon and Mary Elizabeth McGarry
14 minute read
January 15, 2013 | New York Law Journal
Applying Two Laws Passed After 9/11 AttacksIn their New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and William T. Russell Jr. discuss cases involving three police officers' entitlement to enhanced benefits after they developed cancer following their early response to the 9/11 attacks, the applicability of terrorism statutes passed after 9/11 to "gang" activity, and more.
By Roy L. Reardon and William T. Russell Jr.
11 minute read
February 15, 2012 | New York Law Journal
Real Estate Contracts, Defamation and Non-Resident School TuitionIn their New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and Mary Elizabeth McGarry review recent decisions, including one that resolved a split between the Departments of the Appellate Division on whether the buyer of real property suing the seller for repudiation of contract must prove that it was ready, willing and able to close.
By Roy L. Reardon and Mary Elizabeth McGarry
10 minute read
August 12, 2004 | New York Law Journal
New York Court of Appeals RoundupRoy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, analyze the recent decision invalidating New York's death penalty statute, which generated another harsh dissent in a death penalty case and unfortunate political attacks on the Court.
By Roy L. Reardon and Mary Elizabeth McGarry
11 minute read
November 17, 2010 | New York Law Journal
Limits of 'Gatekeeper' Professionals' LiabilityIn their New York Court of Appeals Roundup column, Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, write that last month the Court handed down a much-anticipated decision concerning the liability of third-party professionals that either fail to detect or are actively complicit in wrongdoing by officers of their corporate clients.
By Roy L. Reardon and Mary Elizabeth McGarry
10 minute read
April 20, 2011 | New York Law Journal
Long-Arm Jurisdiction Over Copyright Infringement Via the InternetIn their New York Court of Appeals Roundup, Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, analyze recent rulings, including a case where an insured was found able to collect on a policy although the injuris were a result of a deliberate act by a third party, and another clarifying the standard of pleading in wrongful conviction cases.
By Roy L. Reardon and Mary Elizabeth McGarry
11 minute read
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