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Thomas A Dickerson

Thomas A Dickerson

September 17, 2010 | New York Law Journal

Consumer Protection 2010: Federal, New York Statutes Guide

Thomas 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 Guide

Thomas 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 Statutes

Thomas 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 2008

Thomas 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 Changer

Thomas 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 2005

Thomas 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 9

Thomas 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. Statutes

Thomas 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 Home

Thomas 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