By Shira A. Scheindlin | August 14, 2024
Judge Shira Scheindlin uses the recent case 'Wallrich v. Samsung' to illustrate the significant financial issues surrounding arbitration fees for mass claims.
By Brian Lee | August 14, 2024
The Second Department hears criminal and civil appeals from Brooklyn, Queens and Staten Island, and Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk and Westchester counties.
By Elliot Pisem and David E. Kahen | August 14, 2024
The conclusion of the court that the installment sale rules continued to apply where a section 1042 election had been made is surprising and it remains to be seen whether the Commissioner will contest this result.
New York Law Journal | Analysis
By Samuel Estreicher | August 14, 2024
"On one level, this is a troubling case because the arbitration clause seems to foreclose or severely limit plan participants right to seek plant-wide relief under ERISA Sections 502(a) and 409(a)," writes Samuel Estreicher.
By Emily Saul | August 14, 2024
"Stated plainly, Defendant's arguments are nothing more than a repetition of stale and unsubstantiated claims," the jurist wrote. "This Court now reiterates for the third time, that which should already be clear—innuendo and mischaracterizations do not a conflict create. Recusal is therefore not necessary, much less required."
By Gregory R. Bruno and Alfred W.J. Marks | August 14, 2024
The authors discuss the elements and application of the "Dead Man's Statute" and offer practical guidance for practitioners to effectively employ the statute, as well as suggestions for potential applications that might not be directly apparent from the text of the statute but give effect to its underlying purpose.
By Committee on Judicial Ethics | August 13, 2024
An administrative judge may not organize quarterly community volunteer opportunities for the judiciary and non-judicial staff.
By Avalon Zoppo | August 13, 2024
"At the time of [Lucid's] alleged misrepresentations, CCIV and Lucid were two entirely separate companies," the U.S. Court of Appeals for the Ninth Circuit held. "Lucid's alleged misrepresentations made about itself cannot be imputed to another company that later acquired it."
By Katharine Lee | August 13, 2024
Santos, whose trial is set to begin next month, pleaded not guilty on Tuesday to a superseding indictment.
By Sulaiman Abdur-Rahman | August 13, 2024
"The NCAA and its membership institutions have agreed, through certain bylaws, to prohibit anyone who has played in the CHL from playing Division I hockey," according to the complaint alleging an unlawful boycott of Canadian Hockey League players.
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