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March 23, 2017 |

Maritime Law: The Independent Contractor Defense Is Buried at Sea

Thomas A. Dickerson writes: Until last year, maritime law, as it related to passengers, was best described as "21st century cruise ships and 19th century passenger rights." However, to my surprise and the satisfaction of many, the Eleventh Circuit decided to dramatically transport passenger rights, at least in part, into the 21st century.
21 minute read
DAKOTA JADE T., AN INFANT, BY HER MOTHER AND NATURAL GUARDIAN, TIESHA J. plf-res, v. NEW YORK CITY HOUSING AUTHORITY, def-ap
Publication Date: 2017-03-23
Practice Area:
Industry:
Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
Judge: Richter, J.P., Manzanet-Daniels, Gische, Webber, Kahn, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 3144

3144. DAKOTA JADE T., AN INFANT, BY HER MOTHER AND NATURAL GUARDIAN, TIESHA J. plf-res, v. NEW YORK CITY HOUSING AUTHORITY, def-ap — Herzfeld & Rubin, P.C., New York (Miriam Skolnik of

March 10, 2017 |

Experts' Proofs Flunk N.Y. 'Reliability' Standards

In his Complex Litigation column, Michael Hoenig writes: An important decision issued in February by the First Department tees up a grand refresher course on New York's legal standards for admitting expert testimony in toxic tort litigation.
16 minute read
February 08, 2017 |

Improper Argument at Trial: Scrutinizing Counsel's Conduct

Complex Litigation columnist Michael Hoenig writes that with current levels of docket congestion, a proliferation of multi-party cases and some tendencies towards lengthier trials, the problem of reluctance to grant a mistrial has worsened—which can leave improper and prejudicial arguments unpunished.
31 minute read
February 07, 2017 |

Judge Rejects Informant's Claims Against FBI Agents

An FBI cooperator who alleged federal agents set him up on a murder-for-hire charge and then "engineered" his placement in solitary confinement has had his lawsuit thrown out of the Southern District.
4 minute read
February 07, 2017 | Insurance Coverage Law Center

Goldstein Grp. Holdings, Inc. v. Hartford Ins. Co. of the Midwest, No.

Click Here for FC&S Legal Expert Analysis Goldstein Group Holdings, Inc.v.Hartford Ins. Co. of the Midwest2017 WL 448372Only the Westlaw citation…
17 minute read
February 07, 2017 | Insurance Coverage Law Center

In Superstorm Sandy Case, N.J. District Court Rules That Mortgagee’s Post-Loss Assignment of Mortgage Did Not Include Rights to Flood Insurance Proceeds

The U.S. District Court for the District of New Jersey has ruled, in a Superstorm Sandy coverage case, that an assignee of a mortgage on property insured…
7 minute read
ELC Beauty, LLC v. AE Outfitters Retail Co., 100709/09
Publication Date: 2017-01-31
Practice Area:
Industry:
Court: Supreme Court, New York County
Judge: Justice Sherry Klein Heitler
Attorneys:
For plaintiff: Attorneys for Plaintiffs: Howard S. Edinburgh, Esq., Herzfeld & Rubin.
For defendant: Attorneys for Defendants (AE Outfitters / American Eagle Outfitters): Joel M. Simon, Esq., Smith Mazure Director Wilkins Young & Yagerman. Attorneys for Defendants (575 Broadway): Steven C. Capobianco, Esq., Goldberg Segalla.
Case number: 100709/09

Cite as: ELC Beauty, LLC v. AE Outfitters Retail Co., 100709/09, NYLJ 1202777935072, at *1 (Sup., NY, Decided December 16, 2016) CASENAME ELC Beauty, LLC, Plaint

January 31, 2017 |

New York State Class Actions: a Very Good Year

Thomas A. Dickerson reviews cases involving the premature evaluation of the merits of a proposed "disclosure only" settlement; the approval, preliminarily, of the Metropolitan Museum of Art's "Pay what you wish, but you must pay something" class action; the certification of a tenant's class action alleging improper deregulation of apartments notwithstanding the landlord's receipt of J-51 tax benefits; and the decertification, in part, of a class action brought by credit card terminal lessees alleging unreasonable fees and a failure to reveal the full terms of the lease.
21 minute read
January 20, 2017 |

Guarding Against Improper Argument at Trial: Courts, Counsel Are Instrumental

Complex Litigation columnist Michael Hoenig writes: That courts exercise heightened vigilance in criminal cases when prosecutorial arguments cross the lines of prejudice should not be surprising. The strong court response to inflammatory comments in the recent 'People v. Brisco' criminal case had me wondering whether courts generally tend to exercise the same degree of vigilance and firepower in civil trials. It seems that, while ample lip service is paid by courts to established high-road principles, each case, so to speak, sits on its own bottom and outcomes are not predictable with certainty.
29 minute read

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