Thomas R Newman

January 05, 2021 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss notable dissents from important cases, writing that although a dissent has no precedential effect, if creatively used it can lessen the impact of an adverse authority and enhance a party's chances of success.

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

6 minute read

November 03, 2020 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. provide a refresher on stare decisis principles as described in various cases and sources.

By Thomas R. Newman  Steven J. Ahmuty Jr.

8 minute read

September 01, 2020 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss the issue of appellate jurisdiction is always open for consideration by a reviewing court, even if no party has raised it.

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

8 minute read

June 30, 2020 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss the Sineneng-Smith case, where the U.S. Supreme Court rebuked the Ninth Circuit for unilaterally injecting an entirely new substantive issue into a case that had already been briefed, argued and submitted for decision.

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

9 minute read

May 05, 2020 | New York Law Journal

In their Appellate Practice column, Thomas Newman and Steven Ahmuty discuss 'Apodaca v. Oregon,' and its companion case, 'Johnson v. Louisiana,' where a plurality of the U.S. Supreme Court held that although the Sixth Amendment right to trial by jury requires a unanimous jury verdict in federal criminal trials, it does not require a unanimous verdict in state criminal trials.

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

10 minute read

March 03, 2020 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss the three basic jurisdictional considerations in the Appellate Division: aggrievement, appealability and reviewability. Judging by the volume of decisions addressing these threshold jurisdictional requirements, practitioners often overlook them before embarking upon the time and expense of an appeal.

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

10 minute read

January 13, 2020 | New York Law Journal

While reply briefs are optional, few lawyers can resist the temptation of having the last word when the opportunity presents itself. In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. describe the qualities of an effective reply. Briefs that do little to advance the appellant's cause and should be avoided.

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

9 minute read

September 03, 2019 | New York Law Journal

As Thomas R. Newman and Steven J. Ahmuty Jr. reach the 30th anniversary of their joint authorship of the Appellate Practice column (as well as Thomas Newman's 44th year as its author), they reflect on the evolution of New York appellate practice over the past three decades, focusing on technological advancements and efforts to reduce appellate court backlogs and delays.

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

11 minute read

July 02, 2019 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. examine two jurisdictional considerations: “aggrievement” (CPLR 5511) and “appealable paper” (CPLR 5512). The volume of cases addressing these threshold requirements suggests that would-be appellants often overlook them, resulting in dismissal of their appeal for lack of appellate jurisdiction.

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

10 minute read

April 30, 2019 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. focus on the “manifest disregard of the law” ground for challenging an arbitration award, and discuss the Second Circuit's three requirements for finding that an award was issued in manifest disregard of the law.

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

9 minute read