Thomas A Dickerson

August 10, 2017 | New York Law Journal

Thomas A. Dickerson writes: I have been writing about New York state class actions under CPLR Article 9 since 1979, and although the proper utilization of Article 9 has on occasion been problematic, there are moments when decisions can, indeed, be inspiring. The First Department's decision in 'Gold v. New York Life Insurance Company' is one of them.

By Thomas A. Dickerson

22 minute read

June 30, 2017 | New York Law Journal

Thomas A. Dickerson writes: Although subject to criticism, there are occasions when a non-cash settlement of coupons, in whole or in part, for the purchase of good and services from the defendant may be appropriate. The courts must be particularly careful and make certain that a proposed coupon settlement is nearly as good as a cash settlement as possible.

By Thomas A. Dickerson

8 minute read

May 26, 2017 | New York Law Journal

Thomas A. Dickerson compares Florida and New York law regarding the enforceability of hotel and resort forum selection clauses.

By Thomas A. Dickerson

18 minute read

April 24, 2017 | New York Law Journal

Thomas A. Dickerson reviews recent data breaches, and resulting lawsuits, where hotel guests' personal information was stolen, as well as an FTC report on undisclosed resort fees.

By Thomas A. Dickerson

18 minute read

March 23, 2017 | New York Law Journal

Thomas A. Dickerson writes: Until last year, maritime law, as it related to passengers, was best described as "21st century cruise ships and 19th century passenger rights." However, to my surprise and the satisfaction of many, the Eleventh Circuit decided to dramatically transport passenger rights, at least in part, into the 21st century.

By Thomas A. Dickerson

23 minute read

January 31, 2017 | New York Law Journal

Thomas A. Dickerson reviews cases involving the premature evaluation of the merits of a proposed "disclosure only" settlement; the approval, preliminarily, of the Metropolitan Museum of Art's "Pay what you wish, but you must pay something" class action; the certification of a tenant's class action alleging improper deregulation of apartments notwithstanding the landlord's receipt of J-51 tax benefits; and the decertification, in part, of a class action brought by credit card terminal lessees alleging unreasonable fees and a failure to reveal the full terms of the lease.

By Thomas A. Dickerson

22 minute read

November 22, 2016 | New York Law Journal

Thomas A. Dickerson and Sylvia O. Hinds-Radix, associate justices of the Appellate Division, Second Department, discuss legislation addressing advertising for multiple dwelling units and the response of apartment-sharing service Airbnb. Airbnb, as it has in San Francisco and Santa Monica, Calif., filed a lawsuit in New York federal court, challenging the act.

By Thomas A. Dickerson and Sylvia O. Hinds-Radix

12 minute read

September 28, 2016 | New York Law Journal

Second Department Justices Thomas A. Dickerson and Leonard B. Austin review a number of trial court and appellate court decisions rendered in 2016 interpreting CPLR Article 9, New York State's class action statute.

By Thomas A. Dickerson and Leonard B. Austin

20 minute read

April 22, 2016 | New York Law Journal

Thomas A. Dickerson and Sylvia O. Hinds-Radix write that as Airbnb, Lyft and Uber have become nearly accepted transportation and short-term rental institutions, so too have the number and scope of lawsuits brought against them.

By Thomas A. Dickerson and Sylvia O. Hinds-Radix

26 minute read

February 11, 2016 | New York Law Journal

Thomas A. Dickerson and Sheri S. Roman review cases involving students injured or killed while traveling abroad and the liability of the program organizers, including the claims of a student whose school failed to warn her of the risk of insect-borne disease in China, a complaint brought by the family of a student who died after a fall during a wilderness expedition in the Himalayas, and more.

By Thomas A. Dickerson and Sheri S. Roman

11 minute read