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New York Law Journal | Commentary
By Zachary D. Tripp and Jacob R. Altik | August 19, 2024
The U.S. Supreme Court's past term was a blockbuster for administrative law: Among other things, the Supreme Court overruled Chevron and made it easier to challenge old regulations. So what now?
New York Law Journal | Commentary
By Michael V. Caruso and Lauren M. Lynam | August 19, 2024
This law has been coined the "nation's strongest environmental justice law." It also marks a significant step in ensuring that environmental burdens are more equitably distributed and that historically marginalized areas are not further compromised by industrial activities and development.
New York Law Journal | Commentary
By Alan D. Scheinkman | August 19, 2024
In more recent years, led by the appellate courts, the use of mediation during appeal has become more widespread and increasingly successful.
New York Law Journal | Commentary
By Adrienne B. Koch | August 19, 2024
Not every order that can be appealed on an interlocutory basis "necessarily affects the final judgment." In practice, it can be difficult to tell what does and what does not—and the Court of Appeals has admitted that its jurisprudence on this issue "may not all be consistent."
New York Law Journal | Commentary
By Owen R. Wolfe and Eddy Salcedo | August 19, 2024
CPLR Section 5704 ("Review of ex parte orders") provides an avenue for Appellate Division review of such a refusal to sign an order to show cause. Unfortunately, however, New York courts have yet to provide clear guidance on when such applications will or will not be granted.
New York Law Journal | Commentary
By Anjali S. Dalal and Gautam Rao | August 19, 2024
In recent years, pursuant to Supreme Court precedent, the definition of public corruption has progressively narrowed while the scope of governmental immunity has been enlarged. There are two ongoing public corruption prosecutions that will likely be taken up by the U.S. Supreme Court in the coming terms and that will likely test these recent trends.
The Legal Intelligencer | News
By Aleeza Furman | August 16, 2024
While the Third Circuit held that the Federal Insecticide, Fungicide, and Rodenticide Act preempted plaintiffs' state failure-to-warn claims, prior rulings from the U.S. Courts of Appeals for the Ninth and Eleventh Circuits on the same issue rejected Monsanto's preemption arguments.
By Brian Lee | August 15, 2024
The pivotal ruling by Appellate Division, Third Department Justice Sharon A.M. Aarons denied the office of New York Attorney General Letitia James' motion to dismiss A.J. v. State of New York, reversing a Court of Claims ruling.
National Law Journal | Commentary
By Brian T. Fitzpatrick | August 15, 2024
The only honest way to assess performance in the Supreme Court is to divide the number of Supreme Court reversals by the number of appeals the circuit decided the previous year. On that metric, the Fifth Circuit was reversed only one time for every 1,000 appeals.
The Legal Intelligencer | Commentary
By Casey Alan Coyle and Michael Libuser | August 15, 2024
The U.S. Supreme Court has departed from longstanding precedent in several cases—most notably in Dobbs v. Jackson Women's Health Organization—leading some members of the high court to accuse it of making a "laughing-stock" of stare decisis.
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