December 17, 2019 | New York Law Journal
Criminal Decision Demonstrates Growing Effect of Opioid CrisisIn their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss the recent decision in 'People v. Li', in which the court upheld the manslaughter convictions of a physician who prescribed opioids to two individuals who subsequently died from overdoses. This case evidences the growing effect that the opioid crisis is having on our society, including with respect to criminal jurisprudence.
By Lynn K. Neuner and William T. Russell Jr.
6 minute read
November 13, 2019 | New York Law Journal
Class Action Claims Prematurely Dismissed: 'Maddicks'In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss the recent decision in 'Maddicks v. Big City Properties', a landlord-tenant action in which the court addressed the issue of whether it is appropriate to dismiss class action claims at the motion to dismiss stage.
By Lynn K. Neuner and William T. Russell Jr.
7 minute read
July 16, 2019 | New York Law Journal
Scanned Ballots Protected From Disclosure: 'Matter of Kosmider'In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'In the Matter of Kosmider v. Whitney', in which the Court of Appeals determined that there is no basis to distinguish between scanned images and paper ballots under Election Law §3-222, which restricts the disclosure of ballots for the two years after an election.
By Lynn K. Neuner and William T. Russell Jr.
8 minute read
June 18, 2019 | New York Law Journal
Freedom to Contract, Public Policy and 'Yellowstone'In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss a recent real estate decision showcasing a debate on the freedom to contract and the circumstances under which parties' negotiated contract terms will be disregarded based on public policy grounds.
By Lynn K. Neuner and William T. Russell Jr.
8 minute read
March 13, 2019 | New York Law Journal
Detainee Call Recordings May Be Used in Prosecutions: 'People v. Diaz'In their New York Court of Appeals Roundup, William T. Russell Jr. and Lynn K. Neuner discuss 'People v. Diaz', in which the Court of Appeals recently issued a decision with important implications for the privacy concerns of individuals in pretrial detention.
By Lynn K. Neuner and William T. Russell Jr.
7 minute read
January 15, 2019 | New York Law Journal
FOIL and Confidentiality of Law Enforcement Personnel RecordsIn their New York Court of Appeals Roundup, William T. Russell Jr. and Lynn K. Neuner discuss a recent decision in which the court rejected a FOIL request by the New York Civil Liberties Union for certain New York Police Department disciplinary records on the grounds that they are exempted from disclosure by §50-a of the Civil Rights Law.
By William T. Russell Jr. and Lynn K. Neuner
7 minute read
December 18, 2018 | New York Law Journal
A Review of 'New York City Asbestos Litigation, Juni v. Ford'In their New York Court of Appeals Roundup, William T. Russell Jr. and Lynn K. Neuner discuss a recent significant ruling on expert proof in the asbestos arena, in which the Court of Appeals held that the plaintiff in a mesothelioma case had not provided sufficient evidence of causation and affirming the vacatur of an $11 million jury award.
By William T. Russell Jr. and Lynn K. Neuner
6 minute read
November 14, 2018 | New York Law Journal
Latest Decision Reaffirms RMBS Statute of Limitations PrincipleIn their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'Deutsche Bank National Trust Company v. Flagstar Capital Markets Corporation', the latest in a series of decisions construing the application of New York's statute of limitations to residential mortgage backed securities (RMBS) claims.
By Lynn K. Neuner and William T. Russell Jr.
8 minute read
July 17, 2018 | New York Law Journal
A Review of 'Ambac Assurance Corp. v. Countrywide Home Loans'In their New York Court of Appeals Roundup, William T. Russell Jr. and Lynn K. Neuner analyze an important decision in the residential mortgage-backed securities litigation saga.
By William T. Russell Jr. and Lynn K. Neuner
1 minute read
May 16, 2018 | New York Law Journal
Court Applies Pre-Digital Age Law to Digital Age TechnologyIn their New York Court of Appeals Roundup column, Lynn K. Neuner and William T. Russell Jr. discuss 'People v. Aleynikov,' where the Court of Appeals addressed the question of whether intellectual property such as computer source code becomes “tangible” when it is saved to a computer hard drive.
By Lynn K. Neuner and William T. Russell Jr.
6 minute read
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