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Ethical Considerations on Appeal
In their Appellate Practice column, Thomas Newman and Steven Ahmuty Jr. caution attorneys that their ethical obligations do not come to an end when an appealable order or judgment is entered against their client in the trial court.Motions for Reargument in the Court of Appeals
The 2019 Annual Report of the Clerk of the Court of Appeals contains a table showing that during the period 2015-2019 of 131 motions for reargument of appeals, none was granted; of 317 motions for reargument of motions, only one was granted.The Mythical 'Bucket Brigade' Recovery Scheme
The bucket brigade is a theoretical recovery procedure—more accurately described as a "scheme"—by which a plaintiff attempts to circumvent the exclusivity of workers' compensation by indirectly recovering monies from the employer that he cannot recover directly.U.S. Supreme Court Tackles Retroactivity Issue
In this edition of their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discusses the U.S. Supreme Court's recent opinion in 'Edwards v. Vannoy', holding that a prior decision requiring unanimous jury verdicts does not apply retroactively to overturn final state-court convictions on federal collateral review.NY Appeals Court's Record $20M Pain-and-Suffering Award Draws Fire From Insurance Groups
The $20 million award's expected impact "poses an existential financial threat to New Yorkers of all stripes," argued Tom Stebbins, executive director of the Lawsuit Reform Alliance of New York, which along with nearly 30 other industry and advocacy organizations weighed in as amici curiae in the lawsuit's appeal.Amicus Curiae Participation in the Court of Appeals
In this edition of their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss the elements of a motion for leave to file an amicus brief in the New York Court of Appeals and the attributes of a well-crafted amicus brief.NY State Record-High $20M Awarded to Brain-Injured Plaintiff for Pain-and-Suffering
The injured parties lawyer, a veteran plaintiffs-side personal injury attorney, said he believes the $20 million award from the Appellate Division, First Department brings New York state into a new, more "modern era" for pain-and-suffering compensation.Trending Stories
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