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September 26, 2023 | Law.com

Reversing Panel Decision: Divided Ninth Circuit Finds Universities May Be Held Liable Under Title IX for Off-Campus Assault

"Today's opinion is a victory for Mackenzie and for student survivors across the country," said Alexandra Brodsky, a staff attorney at Public Justice in Washington D.C., who argued the case before the en banc court. "Gender violence has grave effects on students' access to education. For that reason, the civil rights law Title IX requires schools to address known abuse. And as the Ninth Circuit explained today, a school's power to stop violence—and its responsibility to do so—doesn't stop at the campus boundary."
5 minute read
September 19, 2023 | National Law Journal

Justice Antonin Scalia's Son Set to Make Supreme Court Debut in Whistleblower Case

"I'm grateful to have been given the privilege of ... appearing before the Court that meant so much to my father," Eugene Scalia said of his coming high court argument.
4 minute read
September 14, 2023 | The Legal Intelligencer

Cab Driver Shot Plaintiff in Leg During Altercation

Francis Toca fired a single shot, striking Alexis Raphael Acosta in the leg and shattering his femur. Acosta later died of unrelated causes.
3 minute read
September 14, 2023 | New York Law Journal

Certified Questions from the Appellate Division as a Tool for Bettering the Rule of Law

Rolando T. Acosta, former presiding justice of the Appellate Division, First Department, and Michael A. Fernández discuss the need to reform the certification process from the Departments of the Appellate Division to the Court of Appeals, and offer some specific proposals.
11 minute read
September 11, 2023 | Texas Lawyer

Paltry Settlement Offer Leads Wrongful Death Defendant to Face $12M Verdict

Plaintiffs' attorney Carlos Leon noted that New Mission can potentially be stuck with paying the full $12 million because of its refusal to make a good faith settlement offer.
5 minute read
September 11, 2023 | New York Law Journal

A Belated Tribute to 'My Judge,' Retired Presiding Justice Rolando T. Acosta

New York's chief administrative judge recounts his clerkship for Rolando Acosta, who retired from the bench earlier this year.
16 minute read
September 05, 2023 | New York Law Journal

A New Term at the Appellate Division, First Department

As the Manhattan-based midlevel appeals court looks ahead to a new term, its presiding justice reflects on her nascent tenure at its helm.
7 minute read
August 29, 2023 | New York Law Journal

Second Department Announces First-Ever All-Latino Panel for Upcoming Arguments

Oral arguments are scheduled to take place in the court's historic courtroom at 45 Monroe Place by Justice Betsy Barros, Helen Voutsinas, and Lourdes Ventura with Justice Hector LaSalle presiding.
2 minute read
August 21, 2023 | New York Law Journal

Decisions: Primary Assumption of Risk Doctrine, Relation Back Doctrine, Long Arm Jurisdiction and Arbitration

This piece summarizes several significant civil procedure decisions handed down by the New York Court of Appeals during its 2022–23 term, including an important one revisiting the primary assumption of risk doctrine. We also discuss decisions addressing the CPLR's relation back doctrine, long arm jurisdiction under CPLR 302, and a dispute between the Baltimore Orioles and Washington Nationals stemming from an arbitration conducted by Major League Baseball.
17 minute read
August 09, 2023 | New York Law Journal

Affinity Bar Groups Irked by NYSBA Email Exchange Over Decision Not to Attend Reception for Zayas

The NYSBA's hesitance to join in an honorary event "was related to mention of a 'Joint Bar Association'" that the statewide group wasn't aware of, its president said in a letter to several affinity bar leaders.
5 minute read

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