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Tom McParland

Tom McParland

Tom McParland of New York Law Journal can be contacted at [email protected]. Follow him on Twitter @TMcParlandALM.

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February 16, 2022 | New York Law Journal

'I Would Love to Go Pro Se': Defendant's Retort Divides Court of Appeals Over His Right to Self Representation

The majority said the defendant's statement was not definitive. But Justice Jenny Rivera said it should have immediately triggered a judicial inquiry into whether his demand was made "knowingly and intelligently" and that the defendant could have been deprived of his right to act as his own lawyer.

By Tom McParland

3 minute read

February 16, 2022 | New York Law Journal

In State of Judiciary Address, DiFiore Links Court Consolidation With Efforts to Reduce Racial Disparities

In her annual address, DiFiore stressed the disparate impact of the court system's "rigid and fragmented" structure on vulnerable families, and called for legislative action on a proposal to its streamline operations.

By Tom McParland

3 minute read

February 15, 2022 | New York Law Journal

Jury Finds New York Times Not Liable for Defamation in Sarah Palin Trial

The verdict came a day after U.S. District Judge Jed Rakoff said he would rule that the former Alaska governor failed to show evidence of "actual malice" on the part of the newspaper's editors.

By Tom McParland

4 minute read

February 15, 2022 | New York Law Journal

Prince Andrew Has Settled Sexual Abuse Lawsuit With Virginia Giuffre for Undisclosed Amount

According to a statement submitted along with the filing, Prince Andrew intended to make a "substantial donation to Ms. Giuffre's charity in support of victims' rights." The other terms of the settlement were not immediately announced.

By Tom McParland

3 minute read

February 14, 2022 | New York Law Journal

US Judge's Ruling Clears New York Times of Potential Liability in Sarah Palin Defamation Trial

U.S. District Judge Jed Rakoff of the Southern District of New York found that Palin had not shown the Times' former editor, James Bennet, acted with "actual malice."

By Tom McParland

4 minute read

February 10, 2022 | New York Law Journal

Sarah Palin Testifies to Loss of Sleep, Death Threats in New York Times Defamation Trial

Ballard Spahr partner David Axelrod, the lawyer for the New York Times, centered his line of questioning on cross by echoing his theme during opening statements that Palin had not actually been harmed by the editorial.

By Tom McParland

4 minute read

February 09, 2022 | New York Law Journal

Trump Appointees Bianco and Menashi Tangle Over Agency Discretion in Second Circuit Asylum Case

The pointed back-and-forth offered a rare glimpse into the ideological differences of two conservative judges, who joined the court during Trump's reshaping of the Second Circuit from 2018 through 2019.

By Tom McParland

3 minute read

February 09, 2022 | New York Law Journal

Upstate Town Court Justice Resigns Amid Probe Focusing on Allegations of Nepotism, Retaliation

The judge was being investigated for allegedly arranging to hire a relative's fiance and then retaliating against a court-system employee who voted against the hire, according to a statement from the State Commission on Judicial Conduct.

By Tom McParland

2 minute read

February 08, 2022 | New York Law Journal

Judge Shirley Troutman Grapples With 'No-Knock' Warrant Case in Court of Appeals Debut

The issue of "no-knock" enforcement of search warrants, landed before the state's highest court Tuesday in Albany, as protests continued in Minneapolis after a 22-year-old man was killed last week by officers utilizing the same tactic.

By Tom McParland

4 minute read

February 08, 2022 | New York Law Journal

Federal Jail Conditions an 'Exceptional' Reason for Release, US Judge Rules

U.S. District Judge Sidney H. Stein of the Southern District of New York cited conditions at Brooklyn's Metropolitan Detention Center and the Essex County Correctional Facility in New Jersey as "exceptional reasons" not to detain a defendant ahead of his planned sentencing in April.

By Tom McParland

3 minute read