Steven J Ahmuty Jr

November 05, 2008 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, analyze a recent Court of Appeals ruling which held that collateral estoppel does not bar relitigation of the unreviewed alternative ground because a trial-level decision from a prior action does not have preclusive effect with respect to any issue that is raised on an appeal from the decision but not addressed in the appellate court's order of affirmance.

By Thomas R. Newman and Steven J. Ahmuty Jr.

11 minute read

September 02, 2008 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, review a recent decision in which the Southern District court, relying on the Supreme Court's holding in Hall St. Assoc. LLC v. Mattel, dismissed a petition to vacate an arbitration award on the basis of the arbitrator's alleged "manifest disregard of the law."

By Thomas R. Newman and Steven J. Ahmuty Jr.

9 minute read

February 08, 2010 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, review a recent Supreme Court decision further narrowing the federal collateral order doctrine, which permits interlocutory appeals from a "small class" of prejudgment orders.

By Thomas R. Newman and Steven J. Ahmuty Jr.

9 minute read

November 07, 2007 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, examine a recent Second Circuit decision which discusses partial final judgments pursuant to Rule 54(b) of the Federal Rules of Civil Procedure.

By Thomas R. Newman and Steven J. Ahmuty Jr.

10 minute read

January 03, 2006 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, write that the statistics presented in the 2004 Annual Report of the Clerk of the Court of Appeals show that the Court is genuinely interested in receiving the views of concerned amici that may be very helpful in its consideration of certain cases. In 2004, 93 motions for amicus curiae relief were filed, 88 of which were granted.

By Thomas R. Newman and Steven J. Ahmuty Jr.

8 minute read

May 03, 2006 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, write that, while the rules permit reply briefs, and lawyers love to have the last word in an argument, a reply brief is neither required nor desirable in every appeal. A reply brief should only be filed if the appellant has something important to say, not simply to have the last word or out of a fear that the court will think the appellant has no answer to the respondent's arguments.

By Thomas R. Newman and Steven J. Ahmuty Jr.

9 minute read

November 03, 2010 | New York Law Journal

Thomas R. Newman and Steven J. Ahmuty Jr. of Duane Morris discuss decisions where the U.S. Court of Appeals for the Second Circuit clarified when the "extraordinary remedy" of a writ of mandamus would be available to review a district court's disclosure order adverse to a claim of privilege in a civil action.

By Thomas R. Newman and Steven J. Ahmuty Jr.

14 minute read

February 02, 2005 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, examine two cases where the reporter's minutes of certain proceedings were lost and, so, never transcribed. Defendants sought reversal of convictions based on the loss of the trial minutes, or alternatively, a hearing at which the events of the untranscribed proceedings would be recreated, as far as possible.

By Thomas R. Newman and Steven J. Ahmuty Jr.

14 minute read

March 04, 2003 | New York Law Journal

By Thomas R. Newman And Steven J. Ahmuty Jr.

10 minute read

February 06, 2008 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, review a recent decision holding that although a nonappealing party generally cannot be given the benefits of a coparty's appellate victory, a remaining defendant was not precluded from seeking renewal of its cross motion to dismiss the complaint insofar as asserted against it based upon the Appellate Division's prior decision to grant dismissal of the complaint as to a codefendant.

By Thomas R. Newman and Steven J. Ahmuty Jr.

9 minute read