New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | May 16, 2023
The Court of Appeals last month affirmed an Appellate Division, Second Department decision and held that taxicab companies could not sue the city of New York (NYC) and the Taxi and Limousine Commission (TLC) for the diminished value of their taxicab medallions because the TLC never promised to take steps to protect the value of the medallions.
New York Law Journal | Analysis
By Ben Fleming and Samuel Rackear | May 16, 2023
Late last month, the U.S. Supreme Court heard oral argument in Dupree v. Younger, No. 22-210. The case presents a seemingly arcane issue of federal civil procedure: whether a Rule 50 motion after trial is required to preserve for appeal a purely legal claim that was previously rejected at summary judgment.
By Riley Brennan | May 15, 2023
In what it described as "the latest in a line of cases calling for interpretation of Section 1 of the Federal Arbitration Act," the U.S. Court of Appeals for the First Circuit further clarified that employees who perform transportation work are exempt from the FAA regardless of whether they have additional job duties beyond that.
By Riley Brennan | May 15, 2023
"This decision restores the longstanding right of injured North Dakota workers to seek accountability from negligent general contractors and other workplace entities," counsel for the plaintiffs said.
New York Law Journal | Analysis
By Katryna L. Kristoferson and David Paul Horowitz | May 15, 2023
Contributors Katryna L. Kristoferson and David Paul Horowitz discuss civil practice issues that they encounter in their day-to-day lives as civil litigators.
By Kevin B. Frankel, Alex J. Scandroli, Mona Mohib, and Erin Ashwell | May 12, 2023
A run-of-the-mill deed fraud prosecution became a case study on the exploitable flaws of criminal referral based jurisdiction.
The Legal Intelligencer | News
By Riley Brennan | May 12, 2023
The suit stems from the COVID-19 pandemic halting the university's ability to hold in-person events, which Runaway had agreed to provide audio and visual production, broadcasting, videotaping and other productions goods for, as outlined in their agreement from February 2020.
By Riley Brennan | May 11, 2023
The U.S. Court of Appeals for the Sixth Circuit partially reversed the granting of summary judgment to defendants after the estate of a inmate who died in prison brought suit alleging he died due to their deliberate indifference to his medical needs.
The Legal Intelligencer | Commentary
By Jules Epstein | May 11, 2023
A survey of trial advocacy experts nationally asked for one line lessons, critical insights that encapsulate how to improve courtroom advocacy. The outpouring of responses was overwhelming and the advice essential.
New York Law Journal | Commentary
By Damien Bosco | May 11, 2023
To make a viable argument on appeal, the appellant has to show that counsel at the trial level, or counsel at the appellate level when appealing to a higher court, failed to meet the standard set forth in federal or state law to be effective counsel. The standard differs between federal and New York law.
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