New York Law Journal | Analysis
By Katryna L. Kristoferson and David Paul Horowitz | July 15, 2024
The previous two installments of this column discussed CPLR 2104 and focused on how to create a binding and enforceable stipulation under the statute. Having addressed the mechanics of the three statutory methods, there remain a number of practical considerations when drafting and/or seeking enforcement of stipulations.
By Paul Tuchmann | July 15, 2024
A discussion of the Supreme Court's recent granting of certiorari in 'Kousisis v. United States,' involving the fraudulent inducement theory of mail and wire fraud.
By Cary London | July 13, 2024
The dismissal hinged on a Brady disclosure violation related to a box of ammunition delivered to the Santa Fe County Sheriff's Office.
By Louisa DeRose and Jamie Caponera | July 12, 2024
A recent episode of the popular show on Bravo, Summer House invited viewers to look at one aspect of New York law more closely: if a couple breaks up before getting married, who is entitled to keep the engagement ring?
New York Law Journal | Analysis
By Frances Green and Eleanor Chung | July 12, 2024
While the DOJ is sharpening its sword in preparation for AI-related enforcement actions, health care organizations, providers, payors and device manufacturers should be donning their shields.
New York Law Journal | Analysis
By Elliott Scheinberg | July 12, 2024
While it's well settled law in all four appellate departments that "a court's power to dismiss a complaint, sua sponte, is to be used sparingly and only when extraordinary circumstances exist to warrant dismissal," trial courts continue to disregard this stentorian directive with no end in sight.
New York Law Journal | Analysis
By Thomas Kissane and Samuel Butt | July 11, 2024
This column reports on several recent significant decisions from the United States District Court for the Eastern District of New York. Judge Margo K. Brodie denied defendant's motion for reconsideration in a case involving alleged sexual abuse by a priest. Magistrate Judge Lee G. Dunst granted, but substantially reduced, attorney's fees to plaintiffs' counsel. And Judge Joan M. Azrack granted defendants' motion to dismiss plaintiff's state law discrimination claim under the election of remedies doctrine but allowed plaintiff's federal law discrimination claim to proceed in part.
By Ladan Stewart | July 11, 2024
In the past year, a number of courts have issued significant rulings in the SEC's high-profile crypto enforcement actions. Far from bringing the necessary regulatory clarity the crypto industry has been seeking, these rulings have been inconsistent and have left even more open questions. Both the SEC and the industry now have ammunition for their respective legal positions, but who has the better argument?
New York Law Journal | Analysis
By James E. Mercante | July 11, 2024
Count a gritty marine insurer as part of the exclusive Supreme Court's 9-0 club; winners by knockout in a hotly contested marine insurance dispute that braved its way from the District of Pennsylvania to the Third Circuit and ultimately landed in the Supreme Court.
New York Law Journal | Analysis
By Michael B. Gerrard | July 10, 2024
This annual review discusses the most important SEQRA decisions of 2023. All 46 will be included in the next annual update of "Environmental Impact Review in New York".
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