New York Law Journal | Analysis
By Paul Napoli and Marie Napoli | November 16, 2017
Paul Napoli and Marie Napoli write: There are several causes of action that the municipalities could bring to attempt to recover their damages resulting from the opioid epidemic.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | November 16, 2017
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several recent decisions: one allowing 'Monell' claims against the City of New York to proceed; another denying a motion to dismiss “disquieting” claims, brought under the False Claims Act; and another that found that an indictment had not adequately alleged smuggling under 18 U.S.C. §554.
New York Law Journal | Analysis
By Jonathan A. Dachs | November 14, 2017
In his Insurance Law column, Jonathan A. Dachs writes: In a series of recent cases, the courts have analyzed the insurer's obligation to disclose the contents of its files, including attorney communications with regard to the decision of whether to accept or reject a claim, notwithstanding the insurer's invocation of the “material prepared for litigation” and/or attorney-client privileges—with mixed results.
New York Law Journal | Analysis
By Lynn K. Neuner and William T. Russell Jr. | November 14, 2017
In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'Princes Point v. Muss Development', in which the Court of Appeals ruled that the filing of a suit to rescind or reform a contact did not under the circumstances constitute an anticipatory breach of that contract.
New York Law Journal | Analysis
By Richard S. Fries | November 9, 2017
In this second part of a two-part article, Richard S. Fries concludes his discussion of essential provisions to include in a “state of the art” commercial real estate loan forbearance agreement. Here, he covers economic concessions, additional collateral, recourse and remedies.
New York Law Journal | Analysis
By Kenneth H. Frenchman, Marc T. Ladd and Alexander M. Sugzda | November 9, 2017
Kenneth H. Frenchman, Marc T. Ladd and Alexander M. Sugzda write: When purchasing property insurance, it is important to assess the risk of hurricane damage to your property and have a clear understanding of the coverage that you will have in place in the event of a hurricane.
New York Law Journal | Analysis
By Michael Hoenig | November 9, 2017
In his Complex Litigation column, Michael Hoenig writes: By huge advances in computer technology (hardware and software), artificial intelligence, sensors, cameras, radar, and mirrors, a car can be transformed into a platform “intelligent” enough to “self-drive” safely.
New York Law Journal | Analysis
By Thomas R. Newman and Steven J. Ahmuty Jr. | November 8, 2017
In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. write: The CPLR is very liberal in allowing appeals as of right to be taken to the Appellate Division. However, this extremely broad right to appeal is limited by CPLR §5511 and available only to an “aggrieved party” who “may appeal from any appealable judgment or order except one entered upon the default of the aggrieved party.”
New York Law Journal | Analysis
By Alton L. Abramowitz | November 8, 2017
In his Divorce Law column, Alton L. Abramowitz writes: Since the adoption of the Income Tax, the U.S. Congress has repeatedly wrestled with the question of which taxpayers should be burdened with the payment of income tax in a myriad of situations, oftentimes in an effort to maximize the amount of tax that the government can collect. The latest effort to “reform” our income tax laws presents another example of where tax law and divorce law intersect.
New York Law Journal | Analysis
By Philip M. Berkowitz | November 8, 2017
In his Employment Issues column, Philip M. Berkowitz writes: Cross-border discovery is not a new phenomenon. Nor is the conflict that exists between broad U.S. discovery principles, on the one hand, and far more limiting laws of foreign countries, on the other. The issue, though, takes on new significance with the U.S. Supreme Court's acceptance of certiorari last month in 'Microsoft v. United States', where the Second Circuit quashed a search warrant seeking production of emails located on Microsoft's digital server in Ireland.
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