Notable Cases Involve Certified Questions and Mortgage Foreclosure Issues
This collection is somewhat unique in that it is composed entirely of appeals addressing certified questions from the U.S. Court of Appeals for the Second Circuit and in mortgage foreclosure actions, which have been responsible for numerous procedural developments over the last decade that also affect general practice.
Depraved Indifference, Scope of Warrant and Other Significant Opinions
The Court was often divided—there were dissenting opinions in almost half of the cases, and many dissents were sharply written.
Insurance Rulings, Present and Past, by a Court in Transition
This article discusses significant insurance-related decisions from this past term, which help steer policyholders, carriers, and the courts themselves in this important area of law.
Court Develops Law Regarding Cross-Jurisdictional Tolling, Vicious Propensities and Zone of Danger
The New York Court of Appeals leaped over bounds in developing various facets of case law, with great implications for the future of New York tort practice.
‘TransUnion v. Ramirez’ has widely been seen as a welcome development for defendants, particularly those facing large class actions alleging regulatory violations with hefty statutory damages. The lasting implications of the decision are less clear, including the possibility that defendants may unwittingly find themselves defending such matters exclusively in state courts—forums many have sought to avoid.
Certification Basics and How To Strategically Use It in Your Next Case
Practitioners should understand the basics of certification, think strategically about how to utilize certification effectively in their cases and how to oppose it when it might work to their disadvantage, and identify opportunities for further development in certification jurisprudence.
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