William T. Russell, Jr.

July 16, 2014 | New York Law Journal

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss a decision that struck down New York City's limits on the sale of soda and other sugary drinks in large containers, upheld the use of local zoning laws to effectively ban "hydrofracking" and ruled that a dissolved law firm is not entitled to post-dissolution profits earned on work performed on a non-contingency fee basis.

By Roy L. Reardon and William T. Russell Jr.

13 minute read

June 18, 2014 | New York Law Journal

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discusses cases involving the application of various criminal statutes to an Internet harassment campaign, the standard for preserving issues for appellate review and the question of when a municipality is acting in a proprietary capacity for purposes of a negligence claim.

By Roy L. Reardon and William T. Russell Jr.

14 minute read

May 21, 2014 | New York Law Journal

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. address cases concerning the appropriate standard for finding that a litigant has perpetrated a fraud on the court, a court's authority to dismiss on the basis of forum non conveniens absent a formal motion to do so, and a driving-under-the-influence suspect's right to communicate with counsel prior to submitting to a chemical breath test.

By Roy L. Reardon and William T. Russell Jr.

12 minute read

April 16, 2014 | New York Law Journal

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr., partners at Simpson Thacher & Bartlett, discuss a matter in which the court adopted the approach used by federal courts in determining the proper measure of attorney fees in contingency fee cases where the client is also awarded statutory attorney fees, along with other recent decisions.

By Roy L. Reardon and William T. Russell Jr.

13 minute read

March 19, 2014 | New York Law Journal

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr., discuss a criminal matter in which the Court of Appeals ruled that a confession obtained as a result of police deception of the defendant was inadmissible. They also address two insurance cases, one of which represents a rare reversal by the court on reargument of a decision that it rendered last year.

By Roy L. Reardon and William T. Russell Jr.

12 minute read

January 21, 2014 | New York Law Journal

In their New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and William T. Russell Jr. discuss three decisions handed down in December where the court found that the statute of frauds did not enable a successful auction bidder with "buyer's remorse" to avoid his obligation to complete the purchase, applied New York's journalistic shield law to protect a reporter from being required to disclose her sources in an action brought in Colorado, and declined to recognize a cause of action for medical monitoring.

By Roy L. Reardon and William T. Russell Jr.

13 minute read

December 18, 2013 | New York Law Journal

In their New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and William T. Russell Jr. write: The Court of Appeals has issued a large number of decisions in recent weeks, including cases addressing the return of an ancient artifact looted from a German museum during World War II, the finality of a judgment arising out of the 1993 World Trade Center bombing, and the existence of a private right of action under the Exempt Income Protection Act of 2008.

By Roy L. Reardon and William T. Russell Jr.

13 minute read

November 19, 2013 | New York Law Journal

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr., partners at Simpson Thacher & Bartlett, discuss cases involving the scope of a drug testing laboratory's liability to third parties who are negatively affected by the lab's negligence, the introduction of evidence of an uncharged crime, and more.

By Roy L. Reardon and William T. Russell Jr.

14 minute read

April 17, 2013 | New York Law Journal

In their New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and William T. Russell Jr. review Judge Jenny Rivera's first majority opinion, a decision on the measure of a seller's damage for a buyer's breach of contract to buy real property and a ruling on the constitutionality of a section of the tax law relating to the collection of sales tax on Internet purchases.

By Roy L. Reardon and William T. Russell Jr.

10 minute read

July 17, 2013 | New York Law Journal

In their New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and William T. Russell Jr. review recent decisions in which the court dealt with the recurring issue of whether tortious conduct of government agencies is proprietary or part of a government function, determined that one of its own precedents had been wrongly decided 36 years earlier, and more.

By Roy L. Reardon and William T. Russell Jr.

13 minute read