By Charles Toutant | December 3, 2018
An appeals court dismisses a malpractice suit against the Office of the Public Defender for failure to comply with procedural requirements of the Tort Claims Act.
By Tony Mauro | November 30, 2018
“Brief writers would often have to sacrifice readability and clarity to meet the word limit,” according to a letter 18 firms sent to the U.S. Supreme Court on Friday.
New York Law Journal | Analysis
By Anita Bernstein and John Crain | November 30, 2018
Which elements not expressly provisioned in Judiciary Law §487, if any, are necessary for a successful claim of treble damages?
By Marcia Coyle | November 30, 2018
The Supreme Court's rules don't forbid argument on motions, but do say they "will not be permitted unless the court so directs."
By Tony Mauro | November 28, 2018
"Here we are in 2018 still litigating incorporation of the Bill of Rights. Really?" Justice Neil Gorsuch said at one point during Wednesday's oral argument in a closely watched civil forfeiture case.
By Mike Scarcella | November 28, 2018
"Here we are in 2018 still litigating incorporation of the Bill of Rights. Really?" Justice Neil Gorsuch said at one point during Wednesday's oral argument in a closely watched civil forfeiture case.
New York Law Journal | Commentary
By Michael Miller | November 28, 2018
The number of exonerations in New York undermines the assumption that we sufficiently protect the innocent. It is of paramount importance to all New Yorkers and all Americans that the entire criminal justice system work together to ensure only the guilty are convicted.
By Dan M. Clark | November 28, 2018
Bronx District Attorney Darcel Clark, a Democrat, criticized the decision in a statement and said her office is considering bringing the case before the U.S. Supreme Court, which would hold rank over the state's highest court in matters of immigration law.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | November 27, 2018
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: In September, the Second Circuit decided that the Armed Career Criminal Act's (ACCA) §924(c)(3)(B) “risk-of-force clause,” which defines “crime of violence” for the purposes of the ACCA's firearms-related sentencing enhancements, is still constitutional despite the Supreme Court's recent 'Johnson' and 'Dimaya' decisions, two cases that struck down similar provisions as unconstitutionally vague.
By Michael Booth | November 27, 2018
The ruling means that two of the seven counts of the indictment charging Bridget Anne Kelly and William Baroni Jr. with arranging the politically motivated lane closures at the George Washington Bridge in September 2013 are vacated, but the others remain.
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