New York Law Journal | Analysis
By Ira S. Slavit | May 3, 2022
New York Public Health Law §2801-d provides a private cause of action for nursing home residents injured as a result of any deprivation of their rights that cause an injury. This article addresses the question of whether a PHL 2801-d claimant must demonstrate some level of cognitive awareness that he or she was deprived of the right as a prerequisite to recover noneconomic damages. The First and Third Departments of the Appellate Division split on this issue in decisions handed down in 2021. The First Department answered "yes," and the Third Department "no."
New York Law Journal | Analysis
By David J. Freeman, Lawrence P. Schnapf and Matthew J. Sinkman | May 2, 2022
The New York state budget has extended and revised the state's Brownfield Cleanup Program, a win for developers, environmental advocates, and community groups that would like to see the many remaining brownfield sites in New York State cleaned up and made usable again.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | May 1, 2022
The Senate must convene an emergency session, rather than waiting for its usual fall season opening, to help remedy a remediable crisis.
By Jim Turner | April 29, 2022
Among the highest-profile items on the new list was $35 million for what was described as a "Sports Training and Youth Tournament Complex" in Pasco County.
By Amy Guthrie | April 28, 2022
Hundreds of lawyers signed an open letter to express concern about the new constitution currently being drafted, saying that proposed inclusions could lead to holes and contradictions.
By Jim Saunders | April 28, 2022
Opponents of the bill quickly praised the veto, saying it would help efforts to boost renewable energy.
New York Law Journal | Commentary
By Martin S. Krezalek | April 28, 2022
It is time for Congress to act. In December 2021, the Online Accessibility Act was introduced in the House of Representatives. Unlike the DOJ's largely useless Guidance, the proposed Act recognizes that a predictable regulatory environment is critical for businesses.
New York Law Journal | Analysis
By David E. Schwartz and Emily D. Safko | April 27, 2022
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (SASH Act) amends the Federal Arbitration Act to prohibit employers from enforcing predispute arbitration agreements or joint-action waivers relating to sexual assault or sexual harassment disputes brought under federal, tribal or state law.
New York Law Journal | Commentary
By Cara Waldman | April 27, 2022
"The system is at a breaking point. Governor Hochul knows this, and she is doing nothing about it."
By Allison Dunn | April 26, 2022
Following a mass shooting at Marysville Pilchuck High School in October 2014, the Edmonds City Council adopted an ordinance requiring residents to store any firearms when not in use.
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