October 20, 2023 | New York Law Journal
The Rise of the Improper 'Pleading-to-Press' TacticPublicity attacks carry far more weight than mere press conference allegations. This article offers proposals for initial steps toward cleaning up and eliminating the pleading-to-press, ("P2P") trend in litigation.
By Timothy Capowski, Jack Watkins, Sofya Uvaydov and Chris Theobalt
13 minute read
October 12, 2023 | New York Law Journal
The Significant Impact of Interest Taxation as a Settlement Valuation Bridge (Nationally)In personal injury claims where the two sides have disparate valuations based in part on substantial interest accrual, there exists an underused tool for bridging the difference and reaching an accord.
By Sofya Uvaydov and Tim Capowski
6 minute read
May 02, 2022 | New York Law Journal
Court of Appeals Tackles Ladders and Labor Law 240(1)The decisions are refreshing anomalies amid the landscape of New York courts reflexively granting plaintiffs summary judgment on §240(1) claims in ladder fall cases and will produce significant ripples in the area.
By Sofya Uvaydov, Jeffrey Miragliotta, Christopher Theobalt and Christopher Bitar
8 minute read
March 04, 2022 | New York Law Journal
The Snake Attack Phenomenon: The Courts Must Stop Overlooking and Facilitating the Continued Poisoning of Our Jury SystemThis boundary-pushing has an erosive and corrosive effect.
By Timothy R. Capowski, John F. Watkins and Sofya Uvaydov
27 minute read
March 16, 2021 | New York Law Journal
Follow-up on 'Riddle of State Actor Status'The Supreme Court's long-standing precedent has never classified private foster care agencies as state actors. In fact, the most analogous Supreme Court holding in 'Rendell-Baker v. Kohn', reached the opposite result.
By Sofya Uvaydov, Timothy Capowski and Jennifer Graw
4 minute read
March 05, 2021 | New York Law Journal
The Riddle of State Actor Status for Private Foster Care AgenciesFor the last 15 years, the courts in this Circuit have consistently split on a focused question: are private foster care agencies state actors for purpose of 42 U.S.C. §1983 liability? The district courts have the task of reconciling two Second Circuit decisions from the 1970s, finding state actor status, with 40 years of subsequent Supreme Court precedent that dictates the opposite answer.
By Sofya Uvaydov, Timothy Capowski and Jennifer Graw
15 minute read
September 21, 2020 | New York Law Journal
When Dicta Runs Amok: Untangling PJI 2:320Imagine a common scenario: A wrongful death case where the decedent leaves behind a spouse, two children, and a third adult child from a prior marriage…
By Timothy R. Capowski and Sofya Uvaydov
8 minute read
June 22, 2017 | New York Law Journal
Loosening the Reins on Post-Note of Issue DiscoveryChristopher Simone writes: In the recent year, the First Department has turned over a more lenient leaf for post-note of issue discovery for plaintiffs and defendants alike, slowly relaxing the stringent and somewhat draconian requirements of 22 NYCRRR 202.21(d).
By Christopher Simone and Sofya Uvaydov
7 minute read