The Legal Intelligencer | News
By Aleeza Furman | November 10, 2023
"The court decided to reach back and look at the motion for summary judgment rather than the factual record at trial, which is not the way these matters are commonly reviewed to say the least," plaintiffs lawyer Daniel J. Siegel of the Law Offices of Daniel J. Siegel said.
By Riley Brennan | November 9, 2023
"Here, even if the smudge in the signature line could be considered a 'signature' by an individual, no evidence in the record exists to show where the certified mail was actually delivered, because the return receipt does not contain a specific address as required by Civ. R. 4.1(A)(1)," the court said. "In this case, the illegible smudges on the signature line and on the address line in the certified mail return receipt, along with the uncontested affidavits from REST's officer, employee, and agent averring that REST did not receive the summons and complaint are sufficient to establish that service on REST was not proper."
By Riley Brennan | November 9, 2023
The central question at issue was whether the lower court abused its discretion.
By Emily Saul | November 9, 2023
The attorney general's office opposed the expert testimony, saying the experts had no relevant knowledge to the remaining issues.
By Adolfo Pesquera | November 9, 2023
The Fourteenth District Court of Appeals had to decide if it was possible to overcome a statute of limitations on a motion to designate a responsible third party as a defendant in a $400 million contractual dispute.
New York Law Journal | Commentary
By Bennett L. Gershman | November 9, 2023
Trump's performance in Monday's segment was a disaster for Trump, his family, and his business empire. Trump acknowledged again and again that he was the central player in the scheme to inflate the value of his properties to get loans from banks.
By William Jay, Charles Brown, Daniel Roeser, Justin D. Ward and William Evans | November 8, 2023
In a follow-up to their article published in June, the authors discuss two questions raised but not fully answered in Slack: probabilistic pleading under Section 11 of the 1933 Act and the proper construction of Section 12 of the 1933 Act.
New York Law Journal | Analysis
By Thomas Kissane and John Moore | November 8, 2023
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Kovner dismissed a First Amendment challenge to a school district's policy of restricting comment at school board meetings to local residents. Judge Vitaliano granted defendants' motion to dismiss plaintiffs' claims under 42 U.S.C. §1983 concerning the Mitchell-Lama housing program. Judge Brown found that plaintiffs challenging New York state gun control legislation had not made a sufficient showing of irreparable injury to support preliminary injunctive relief.
By Avalon Zoppo | November 7, 2023
U.S. District Judge Mark Pittman had been accused of "overkill" last year for dismissing a case over a missed filing deadline in the Northern District of Texas.
By Emily Saul | November 7, 2023
The New York appeals court decision takes a different tack from a recent decision out of California.
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