August 14, 2008 | New York Law Journal
New York Court of Appeals RoundupRoy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, review recent decisions of interest in which the Court decided that Executive Law and Consumer Protection Act claims brought by the attorney general were not preempted but that certain of the claims were barred by a class action settlement, dismissed the common-law causes of action that the attorney general had asserted against Richard A. Grasso, addressed the interplay between two whistleblower statutes, and construed the Labor Law's waiver provision.
By Roy L. Reardon and Mary Elizabeth McGarry
11 minute read
November 06, 2007 | New York Law Journal
New York Court of AppealsRoy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, write that in an action by a lawyer against her former firm, the High Court addressed whether "forays" into the courthouse during the parties' disputes waived a contractual right to compel arbitration and examine other recent rulings, including the final death penalty matter before the Court.
By Roy L. Reardon and Mary Elizabeth McGarry
14 minute read
December 16, 2010 | New York Law Journal
Court Resolves Issues Arising out of 'Batson' ChallengesIn their New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and Mary Elizabeth McGarry discuss the Court's recent holdings on the Batson protocol for trial courts and standard of review, statutes of limitations in the circumstances of a latent disease, and the admissibility of patient statements reflected in medical records.
By Roy L. Reardon and Mary Elizabeth McGarry
15 minute read
April 21, 2010 | New York Law Journal
New York Court of Appeals RoundupRoy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, review recent cases involving cost-sharing in arbitration agreements, whether the doctrine of the assumption of risk should be restricted to the context of athletic and recreational activities and when a school district must pick up the costs of services for a child enrolled in a nonpublic school.
By Roy L. Reardon and Mary Elizabeth McGarry
11 minute read
June 12, 2003 | New York Law Journal
New York Court of Appeals RoundupBy ROY L. REARDON AND MARY ELIZABETH McGARRY
11 minute read
June 08, 2006 | New York Law Journal
New York Court of Appeals RoundupRoy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett LLP, analyze rulings involving: whether and for what purposes clinical guidelines or algorithms may be admitted into evidence in a medical malpractice action; if and when summary judgment may be based upon circumstantial evidence under the res ipsa loquitur doctrine in a negligence action; and when and how expert testimony on the reliability of eyewitnesses identifications should be admitted in a criminal action.
By Roy L. Reardon and Mary Elizabeth McGarry
11 minute read
April 14, 2005 | New York Law Journal
New York Court of Appeals RoundupRoy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett LLP, write that the Court of Appeals sua sponte rejected attempts last month to directly appeal to that Court two Supreme Court decisions on gay marriage.
By Roy L. Reardon and Mary Elizabeth McGarry
12 minute read
February 09, 2006 | New York Law Journal
New York Court of Appeals RoundupRoy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, discuss decisions in two criminal cases, one of which raises an evidentiary issue for civil as well as criminal actions, and the Court's resolution of a matrimonial issue.
By Roy L. Reardon and Mary Elizabeth McGarry
13 minute read
June 15, 2011 | New York Law Journal
Defective Design, HIPAA, 'Brady,' And Implied Consent to MistrialIn this installment of New York Court of Appeals Roundup, Roy L. Reardon and Mary Elizabeth McGarry of Simpson Thacher & Bartlett discuss a product liability decision in which the Court of Appeals analyzed a defendant's burden at the summary judgment stage in a defective design case, a matter arising under "Kendra's Law," where the Court declined to adopt expansive interpretations of two exceptions to the Privacy Rule enacted pursuant to HIPAA, and decisions in two criminal cases.
By Roy L. Reardon and Mary Elizabeth McGarry
13 minute read
January 12, 2007 | New York Law Journal
New York Court of Appeals RoundupRoy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett LLP, discuss the Court's decision concerning the statutory scheme governing the psychiatric commitment of sex offenders approaching the end of their prison terms, which decision provoked a sharp response from Governor Pataki.
By Roy L. Reardon and Mary Elizabeth McGarry
11 minute read
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