Court of Appeals and Appellate Practice
In this Special Report: "Court Addresses Statute of Limitations Questions and Other Procedural Issues," "Amid Pandemic, Criminal Cases Continued To Steer a Middle Course," "Court Refines Tort Laws Applying to Claimants, Owners and Insurers," "The Drafting Process: The Top 5 Do's and Don'ts of Appellate Brief Writing," "Walking the Line: When New Arguments Can Be Raised on Appeal" and "Appealing From Bankruptcy Court: An Abbreviated Primer."
August 24, 2020 at 12:07 PM
2 minute read
A summary of several significant civil procedure decisions handed down by the New York Court of Appeals during its 2019–2020 term.
In a term disrupted by the COVID-19 pandemic, the New York Court of Appeals decided 42 criminal cases and continued to steer a middle course.
The Court of Appeals construed the ambit of multiple New York State statutes and a section of the New York City Administrative Code in the torts arena during its 2019-2020 term.
Guiding principles for each stage of the drafting process to assist in writing an effective appellate brief.
While appellate counsel generally may not stray far from the arguments that were advanced below, there may be a lane for a new argument if it can be pitched in a way that fits within an exception to that general rule.
A discussion of several unusual aspects of bankruptcy appeals of which unseasoned practitioners should be aware.
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
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