New York Law Journal | Expert Opinion
By Jason P.W. Halperin and Erin Galliher | June 18, 2024
In criminal trials conducted in New York State, judges almost never send the written jury instructions back to the jury room for the jurors to review and consult while they are deliberating. This article explains the legal history of the current practice and why, in the authors' opinion, it's time to allow judges in New York to send the written jury instructions back to the jury room in criminal cases.
New York Law Journal | Analysis
By Katryna L. Kristoferson and David Paul Horowitz | June 18, 2024
This month's Practical New York Practice™ column dives into the third, frankly mysterious formula set forth in CPLR 2104 to create an enforceable stipulation: "An agreement between parties or their attorneys relating to any matter in an action…reduced to the form of an order and entered."
By ALM Staff | June 17, 2024
This ruling was selected and summarized by the New York Law Journal's decisions editors.
The Legal Intelligencer | News
By Max Mitchell | June 17, 2024
Case digests for state and federal courts in Pennsylvania can be found here.
New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | June 17, 2024
Where diversity jurisdiction is lacking, removal to federal court typically requires the removed case to assert a federal cause of action. An exception exists, however, where removal is proper if the state cause of action asserted involves a substantial federal issue.
By Marianna Wharry | June 14, 2024
"We disagree the court lacked appellate jurisdiction. As we explained in our brief, appellate courts consider district court decisions that go to the merits of the case, which the Wyoming decision certainly did," May Mailman, who represented the sorority sisters, told Law.com in a statement. "Women deserve the camaraderie and safety of sororities, but unfortunately, it also appears they first need courts brave enough to say so."
By Riley Brennan | June 14, 2024
"Audiobooks are listened to by millions of Americans. We are proud to represent a proposed class of authors who create the content we enjoy and are striving in this case to unwind and undo the harm authors have suffered by amazons' abusive monopoly practices. Taking 60 to 75 percent of sales is outrageous and amazon is able to do so only because of its monopoly power," Reiss' attorney, Steve Berman of Hagens Berman Sobol Shapiro, in Seattle said.
The Legal Intelligencer | News
By Riley Brennan | June 13, 2024
"This litigation is as much about bringing to light the injustices suffered by our petitioners ... as it is about acknowledging the nearly impossible task of effectively representing thousands of people each year, which public defenders are routinely expected to do with little to no resources," an ACLU official said.
Daily Business Review | Commentary
By John M. Kalas and Michael Moran | June 13, 2024
Practitioners should keep Rule 806 in mind when engaged in serial litigation. Though the case law in civil matters is scarce, the plain language of the rule and its application and purpose should provide avenues for its use when faced with slanted learned treatises offered into evidence from unavailable witnesses.
New York Law Journal | Analysis
By Thomas Kissane and John Moore | June 13, 2024
This column reports on several significant representative decisions from the Eastern District of New York. Judge Frederic Block denied a motion to dismiss a putative class action based on claims of false or misleading food labeling. Judge Joan M. Azrack denied a motion for a reduction in sentence. Judge Eric R. Komitee denied defendant's motion to dismiss the indictment against him.
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