The Legal Intelligencer | Commentary
By Jules Epstein | March 24, 2022
We have all seen it or read it in a transcript—the self-satisfied if not smirking delivery of the lines "were you lying then or are you lying now" after a witness has been impeached. And what follows is all too often an explanation that defeats the juxtaposition of the two differing versions of events—they get reconciled or justified.
By Jasmine Floyd | March 24, 2022
Judge Spencer D. Levine, along with Judges Martha C. Warner and Mark W. Klingensmith, found that the trial court applied the correct standard of proof in determining whether to dissolve the written notice.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | March 23, 2022
In their International Litigation column, Lawrence W. Newman and David Zaslowsky look at the interesting issue of whether a court faced with a motion requesting dismissal on grounds of lack of personal jurisdiction and forum non conveniens must first decide that it has personal jurisdiction before it is competent to consider the forum non conveniens issue.
By Avalon Zoppo | March 22, 2022
Court watchers say the circumstances that led to an alleged conflict in Caryn Strickland's case are incredibly uncommon, but it could be beneficial for lawmakers and the judiciary to reconsider protocols surrounding intercircuit assignments when the judiciary is named in litigation.
By Allison Dunn | March 21, 2022
In a 2-1 majority, the Fourth District Court of Appeals sided with a landscaping business last week, concluding that it demonstrated "excusable neglect" and it did not intentionally ignore filings connected to a personal injury lawsuit that resulted in a $2.5 million judgment in the employee's favor.
New York Law Journal | Analysis
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | March 21, 2022
This column discusses issues and decisions involving new Rule 22 NYCRR 202.8-g, which requires that summary judgment motions, in addition to the customary submission of affirmations, evidence and memoranda of law, now also be accompanied by a concise Statement of Material Facts, setting forth the material facts as to which the moving party contends there are no triable issues, with citations to evidence in the record.
The Legal Intelligencer | Analysis
By Max Mitchell | March 18, 2022
According to attorneys, it's all part of a new landscape for practitioners as courts begin to come back online in a post-pandemic world.
By Ellen Bardash | March 18, 2022
Despite all parties wanting dismissal, Chancellor Kathaleen McCormick wrote she was obligated to weigh in further because granting TransPerfect's motion could give leeway for the New York action to proceed, while granting Ross Aronstam's could do the opposite.
By Avalon Zoppo | March 18, 2022
The Reporters Committee for Freedom of the Press suggested the rule be updated to mandate that when a panel strikes a brief, it cite the rule as the reason and identify which amici or amicus curiae counsel would have resulted in a judge's disqualification.
The Legal Intelligencer | Commentary
By Edward T. Kang | March 17, 2022
Whether you bring a suit over a complicated product like a social media network or a simple tangible product, like an apple, a relevant product and geographic market must be defined properly to succeed.
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