September 17, 2010 | New York Law Journal
Consumer Protection 2010: Federal, New York Statutes GuideThomas A. Dickerson and Cheryl E. Chambers, associate justices of the Appellate Division, Second Department, write that there have been several exciting developments including two important decisions from the Court of Appeals involving the enforceability of mandatory arbitration and choice of law clauses in consumer contracts.
By Thomas A. Dickerson and Cheryl E. Chambers
15 minute read
August 11, 2008 | New York Law Journal
Consumer Protection 2008: Federal, N.Y. Statutes GuideThomas A. Dickerson, an associate justice of the Appellate Division, Second Department of the New York State Supreme Court, reviews consumer law cases from the past year involving point-of-sale terminal lease agreements, educational services, tummy tighteners, predatory lending practices and high-cost home loans, pop-up computer ads, used car dealers, "topping up" pay-by-the-minute cell phone plans, unsolicited faxes, real property condition disclosures, mortgage related fees, debt collection practices, home inspections and identity theft.
By Thomas A. Dickerson
20 minute read
July 25, 2007 | New York Law Journal
Consumer Protection Law 2007: Guide to StatutesThomas A. Dickerson, an associate justice of the Appellate Division, Second Department, reviews cases heard throughout New York in the past year involving auto repair shop labor charges, home equity loan mortgage closings, credit card misrepresentations, currency conversions, electricity charges, food expiration dates, home equity mortgage closings, tax advice and more.
By Thomas A. Dickerson
15 minute read
February 27, 2009 | New York Law Journal
Courts Rule on Class Actions Under CPLR Article 9 in 2008Thomas A. Dickerson, an associate justice of the Appellate Division, Second Department, and Kenneth A. Manning, a partner at Phillips Lytle, write that last year, the Court of Appeals ruled on the enforceability of "microprint" contractual clauses in a point of sale (POS) terminal lease while the Appellate Division, Second Department, ruled on the enforceability of gift card clauses imposing dormancy fees "in font sizes materially less than that required pursuant to CPLR 4544." In addition, they note, other Appellate Divisions and numerous trial courts ruled on a variety of class actions in 2008.
By Thomas A. Dickerson and Kenneth A. Manning
11 minute read
April 06, 2010 | New York Law Journal
State Class Actions: Game ChangerThomas A. Dickerson, an associate justice of the Appellate Division, Second Department, discusses the Supreme Court's recent ruling in Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Company and its possible impact.
By Thomas A. Dickerson
8 minute read
February 28, 2006 | New York Law Journal
Summary of Article 9 Class Actions in 2005Thomas A. Dickerson, a Supreme Court Justice sitting in White Plains, and Kenneth A. Manning, a partner at Phillips Lytle, write that last year the Court of Appeals ruled on the meaning of "annual premium" and "risk-free" insurance in three consumer class actions. In addition, the Appellate Divisions and numerous trial courts ruled on a variety of class actions in 2005.
By Thomas A. Dickerson and Kenneth A. Manning
18 minute read
February 24, 2011 | New York Law Journal
Rulings in 2010 in Class Actions Under CPLR Article 9Thomas A. Dickerson, an Associate Justice of the Appellate Division, Second Department, and Kenneth A. Manning, a partner at Phillips Lytle, review 2010 class action decisions involving attorney's fees, point of sale leases, arbitration and class action waivers, cy pres settlements, cell phone bonus minutes, inverse condemnation, mortgages, wage claims and mass property torts.
By Thomas A. Dickerson and Kenneth A. Manning
15 minute read
June 20, 2006 | New York Law Journal
Consumer Protection Law 2006: Guide to Federal and N.Y. StatutesThomas A. Dickerson, a Supreme Court Justice sitting in White Plains and presiding over tax certiorari and condemnation proceedings in the 9th Judicial District, writes that each year he prepares a guide to frequently invoked federal and New York State consumer protection statutes for New York State Civil Court Judges. This year's version, called "Consumer Law 2006," is now available online and discusses common consumer claims and how those claims may be resolved.
By Thomas A. Dickerson
15 minute read
June 11, 2008 | New York Law Journal
Travel Abroad, Sue at HomeThomas A. Dickerson, an associate justice of the Appellate Division, Second Department, writes that one of the most interesting areas of Travel Law involves accidents sustained by U.S. citizens abroad. A common litigation strategy, of course, is to sue in the United States in federal or state court against a solvent defendant subject to long-arm jurisdiction and applying U.S. common law or statutory law. Such cases raise a variety of liability and procedural issues including, inter alia, the doctrine of forum non conveniens and the enforceability of forum selection, mandatory arbitration and choice of law clauses in travel contracts.
By Thomas A. Dickerson
22 minute read
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