New York Law Journal | Commentary
By Thomas R. Newman and Steven J. Ahmuty Jr. | September 4, 2018
The jurisdiction of the Court of Appeals to review questions of fact is severely curtailed by the New York State Constitution (art. 6, § 3[a]), and the court's primary role is its law-making function, to unify, clarify and pronounce the law for the state of New York.
By Mark A. Berman | August 31, 2018
In his State E-Discovery column, Mark Berman uses case law to demonstrate how courts have been flexible as to the manner of authenticating electronic evidence, with often comes from a combination of sources.
New York Law Journal | Expert Opinion
By Martin A. Schwartz | August 31, 2018
In his Section 1983 Litigation column, Martin A. Schwartz notes that probable cause is a complete defense to a § 1983 Fourth Amendment false arrest claim. But is it also a complete defense to a § 1983 First Amendment retaliatory arrest claim?
By Andrew Denney | August 31, 2018
Plaintiffs in the stop-and-frisk litigation against the New York City Police Department said that a federal monitor's proposed confidentiality order would hide key data, such as how often officers are stopping subjects, under a blanket of secrecy.
By Ian Lopez | August 30, 2018
The Riverside County Superior Court Appellate Division was tasked with deciding whether a judge can oversee traffic cases via video conferencing without the defendant's consent.
By Colby Hamilton | August 30, 2018
U.S. District Judge Jesse Furman broke gently with a state court judge handling the underlying harassment case brought by a former Trump campaign staffer who is fighting an attempt by the campaign to force arbitration.
The Legal Intelligencer | Analysis
By Max Mitchell | August 30, 2018
According to the Third Circuit, the practice of snap removals—where defendants remove cases to federal court even before they have been served—is fair game.
New Jersey Law Journal | Analysis
By Christopher Walsh | August 30, 2018
New rules, in effect as of Sept. 1, are designed to make case management and discovery in complex commercial and construction cases more efficient.
The Legal Intelligencer | News
By Zack Needles | August 29, 2018
The Pennsylvania Supreme Court has clarified the proper procedure for preserving a jury instruction challenge for appeal, while also noting that there's one sure-fire way to waive such a challenge: failing to object at trial when given the chance.
By Brian Socolow and Lindsay Feuer | August 29, 2018
The expansion of technology and globalization has brought many challenges for individuals and companies entering into agreements, as well as the New York courts and judges who are ultimately interpreting those agreements. In their article, Brian Socolow and Lindsay Feuer detail how New York federal and state judges interpret choice of law provisions and foreign laws, and what should be considered before agreeing to a choice of law provision.
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