May 20, 2015 | New York Law Journal
Decision to Rescind Law School Admission UpheldIn their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss cases in which the court affirmed the dismissal of an Article 78 proceeding challenging the decision of St. John's University School of Law to rescind the admission of one of its students, upheld a police stop based on the officer's reasonable but mistaken understanding of the law, and affirmed the dismissal of a challenge to New York's regulatory system for stormwater discharges.
By Roy L. Reardon and William T. Russell Jr.
11 minute read
May 19, 2015 | New York Law Journal
Decision to Rescind Law School Admission UpheldIn their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss cases in which the court affirmed the dismissal of an Article 78 proceeding challenging the decision of St. John's University School of Law to rescind the admission of one of its students, upheld a police stop based on the officer's reasonable but mistaken understanding of the law, and affirmed the dismissal of a challenge to New York's regulatory system for stormwater discharges.
By Roy L. Reardon and William T. Russell Jr.
11 minute read
April 15, 2015 | New York Law Journal
In-State Law Office Requirement for Non-Resident AttorneysIn their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss two cases addressing questions certified by the Second Circuit, one responding to a question as to whether a non-resident lawyer must maintain a physical office in the state in order to practice here and one responding to a question of contractual interpretation of an oil and gas lease in the context of the 2008 moratorium on "fracking."
By Roy L. Reardon and William T. Russell Jr.
11 minute read
April 14, 2015 | New York Law Journal
In-State Law Office Requirement for Non-Resident AttorneysIn their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss two cases addressing questions certified by the Second Circuit, one responding to a question as to whether a non-resident lawyer must maintain a physical office in the state in order to practice here and one responding to a question of contractual interpretation of an oil and gas lease in the context of the 2008 moratorium on "fracking."
By Roy L. Reardon and William T. Russell Jr.
11 minute read
March 18, 2015 | New York Law Journal
Collateral Estoppel Not Applied in Attorney Discipline ActionIn their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss cases applying the defamation privilege to pre-litigation statements and addressing the application of collateral estoppel in attorney disciplinary actions, along with a case construing an "ensuing loss" clause in an insurance coverage dispute concerning damage resulting from broken water pipes.
By Roy L. Reardon and William T. Russell Jr.
13 minute read
March 17, 2015 | New York Law Journal
Collateral Estoppel Not Applied in Attorney Discipline ActionIn their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss cases applying the defamation privilege to pre-litigation statements and addressing the application of collateral estoppel in attorney disciplinary actions, along with a case construing an "ensuing loss" clause in an insurance coverage dispute concerning damage resulting from broken water pipes.
By Roy L. Reardon and William T. Russell Jr.
13 minute read
January 21, 2015 | New York Law Journal
Noteworthy Criminal Cases; Sovereign Immunity IssueIn their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss two unusual criminal cases. In one case, the court overturned an almost 40-year-old rule limiting its review of certain discretionary orders denying motions to vacate judgments. In the other case, a highly divided court issued an unsigned memorandum decision determining whether an anonymous tip provided a sufficient basis to find reasonable suspicion for a police stop.
By Roy L. Reardon and William T. Russell Jr.
13 minute read
January 20, 2015 | New York Law Journal
Noteworthy Criminal Cases; Sovereign Immunity IssueIn their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss two unusual criminal cases. In one case, the court overturned an almost 40-year-old rule limiting its review of certain discretionary orders denying motions to vacate judgments. In the other case, a highly divided court issued an unsigned memorandum decision determining whether an anonymous tip provided a sufficient basis to find reasonable suspicion for a police stop.
By Roy L. Reardon and William T. Russell Jr.
13 minute read
December 17, 2014 | New York Law Journal
Bankruptcy Case Involving Rent-Stabilized LeaseIn their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss cases addressing the reach of New York's long-arm jurisdiction statute and the question of whether a rent-stabilized lease represents a public benefit that is protected in a personal bankruptcy proceeding, along with a case in which the court affirmed the reversal of the first conviction for a hate crime murder involving a transgender victim on the basis of the inconsistency of the verdict.
By Roy L. Reardon and William T. Russell Jr.
14 minute read
November 19, 2014 | New York Law Journal
Legal Malpractice Claim, Defamation, Separate Entity RuleIn their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss cases involving the preservation of a legal malpractice claim and when a statement represents an assertion of fact or opinion for purposes of a defamation claim, along with a recent decision with implications for New York's status as a global financial center.
By Roy L. Reardon and William T. Russell Jr.
12 minute read
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