By Patrick M. Connors | August 20, 2021
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.
By Paul Shechtman | August 20, 2021
The Court was often divided—there were dissenting opinions in almost half of the cases, and many dissents were sharply written.
By Evan H. Krinick | August 20, 2021
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.
By Jeffrey Lichtman | August 20, 2021
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.
By Adam B. Banks | August 20, 2021
'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.
By Anjali S. Dalal | August 20, 2021
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.
By Peter A. Halprin and Giulio Zanolla | August 6, 2021
Mediators, parties, and counsel should look to virtual mediation as a tool in their dispute resolution arsenal that undeniably increases flexibility and reduces cost. And it may be that, depending upon the nature of a dispute and the needs of the parties, a combination of virtual and in-person processes can be used to get the benefits of both worlds.
By Martin Jackson and Manuel Valderrama | August 6, 2021
The authors propose that arbitration institutions adopt an opt-out rule (rather than opt-in rule), which expressly confers arbitrators with the exclusive right to correct errors or mistakes in arbitral awards for a limited period not to exceed 30 days from issuance of the award.
By Jay G. Safer | August 6, 2021
When will courts allow a nonsignatory to compel a signatory to arbitrate under an arbitration agreement? When will courts allow a signatory to compel a nonsignatory to arbitrate under an arbitration agreement? What doctrines have the courts recognized as applying to nonsignatories and arbitration? This article will focus on these questions and offers an overview of possible routes to nonsignatory arbitration.
By Angela Turturro | July 26, 2021
In this Special Report: "Significant Questions Remain After TCJA Changes," "Navigating the Unwritten Rules of Same-Sex Divorce," "Ameliorative Measures Gut the Grave Risk Exception Under the Hague Convention," "Matrimonial and Tort Law: A Collaboration To Compensate the Victim?" and "Substituting Judgment: Beware, Attorney for the Child."
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