E. Leo Milonas and Andrew C. Smith Justices Had a Prolific Start to 2021
In this edition of their Appellate Division Review, Leo Milonas and Andrew C. Smith describe some of the notable decisions from the first quarter of this year, from a False Claims Act case in the First Department to an Equal Access to Justice Act case in the Fourth Department.
June 03, 2021 at 12:45 PM
8 minute read
As pandemic-related restrictions are lifted, we look forward to the day—hopefully soon—when all appellate advocates can again "zoom" down to the courthouse and make their cases to the Appellate Division panels in person. In the meantime, the justices remain hard at work deciding tough cases and novel issues. Below are some of the highlights from the first quarter of this year.
First Department
False Claims Act. In Weiner v. City of New York, 2021 N.Y. Slip Op. 00229 (1st Dep't Jan. 14, 2021), the First Department addressed the standard for determining whether a proposed settlement under the New York False Claims Act (NYFCA) is "fair, adequate, and reasonable" as required by State Finance Law §190.
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