New York Law Journal | Letter to the Editor
By Thomas R. Newman | May 24, 2024
While the chief judge makes a forceful argument that bears making and repeating until all indigent defendants can be assured of "receiving a constitutionally fair trial," I respectfully question whether a concurring opinion is an appropriate place to make it.
By Brian Lee | May 24, 2024
Acting state Supreme Court Justice Richard Healey signed off on the unprecedented fine.
New York Law Journal | Analysis
By Evan W. Bolla | May 24, 2024
The Second Circuit's recent decision in 'Pine Management v. Colony Insurance Company' underscores the critical importance of providing notice to insurance carriers of possible claims, even when a specific demand is absent.
New York Law Journal | Analysis
By Matthew C. Penny and Bryce L. Friedman | May 24, 2024
Lawsuits have been filed across the country that allege harms purportedly caused by PFAS chemicals. The underlying litigations have resulted in billions of dollars in settlements, which, in turn, have led to demands for insurance coverage and associated coverage litigation.
New York Law Journal | Analysis
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | May 24, 2024
The Court of Appeals recently handed down a significant decision regarding the requirements a petitioner must meet when making a motion for leave to file a late notice of claim: 'Jaime v. City of New York'. This article discusses the background of the case and its potential significance for injured parties.
New York Law Journal | Analysis
By Raymond A. Mascia Jr. and William G. Passannante | May 24, 2024
Recently, several New York courts have held that an insurance company has no right to recoup defense costs where the insurance policy includes a duty to defend, but does not include an express contractual provision allowing for recoupment.
By Anjali Dalal and Kate Cassidy | May 24, 2024
Of the many early genAI cases working their way through trial courts, the one that stands out is New York Times Co. v. Microsoft because of its carefully crafted complaint and actual examples of verbatim reproductions of NYT content produced by ChatGPT. Now that the parties have completed briefing on two motions to dismiss (one by OpenAI and the other by Microsoft), it's worth pausing to assess what's at stake, and what lies ahead, in this important case.
New York Law Journal | Analysis
By Christopher C. Loeber and Helen P. Hunter | May 24, 2024
Corporations typically have risk management departments that stay on top of their coverage portfolios, but individual policyholders all too often purchase policies and simply file them away in the apparent hope that the mere act of buying coverage serves as a hedge against ever needing it. This is the "buy and shelve" approach to insurance. And, while it's never a good strategy, it is particularly dangerous in the context of life insurance.
New York Law Journal | Analysis
By Robert A. Schwinger | May 24, 2024
Legal developments concerning blockchain and digital assets are not limited to the English-speaking world or to common-law jurisdictions. Earlier this year brought some thought-provoking developments on digital assets and related technologies from Spanish-speaking civil law jurisdictions.
By Committee on Judicial Ethics | May 23, 2024
(1) A judge need not disqualify from matters involving an attorney who is no more than an acquaintance, merely because the attorney's spouse is the judge's close personal friend. (2) For two years after attending the attorney's wedding as a member of the wedding party at the request of the judge's close personal friend, the judge must make full disclosure of his/her relationship with the attorney, including the judge's attendance and participation in the attorney's wedding.
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