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Follow-up on 'Riddle of State Actor Status'
The Supreme Court's long-standing precedent has never classified private foster care agencies as state actors. In fact, the most analogous Supreme Court holding in 'Rendell-Baker v. Kohn', reached the opposite result.The Riddle of State Actor Status for Private Foster Care Agencies
For the last 15 years, the courts in this Circuit have consistently split on a focused question: are private foster care agencies state actors for purpose of 42 U.S.C. §1983 liability? The district courts have the task of reconciling two Second Circuit decisions from the 1970s, finding state actor status, with 40 years of subsequent Supreme Court precedent that dictates the opposite answer.Motions for Permission To Appeal to the Court of Appeals
The Appellate Division has just ruled in your favor but a tenacious adversary has elected to file a motion for permission to appeal to the Court of Appeals to seek one last bite at the apple. In their Appellate Practice column, Thomas Newman and Steven Ahmuty Jr. discuss the ins and outs surrounding these motions including threshold issues, errors to avoid and drafting considerations.Creative Use of Dissenting Opinions
In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss notable dissents from important cases, writing that although a dissent has no precedential effect, if creatively used it can lessen the impact of an adverse authority and enhance a party's chances of success.Stare Decisis in Federal and State Courts
In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. provide a refresher on stare decisis principles as described in various cases and sources.The Bar's Most Common Repeated Mistakes in Applying CPLR 5501(c)
Timothy Capowski, Jonathan Shaub and Jennifer Graw write: "The largest impediment to accurately valuing cases arises from the myth that the Appellate Division is endorsing larger and larger awards, thereby signaling an abandonment of anything but lip-service to CPLR 5501(c). There is no such trend."When a Pattern Jury Instruction Contrary to New York Law Arrogates the Law
PJI 2:320 Versus the Court of Appeals' Seminal Decision in 'McDougald v. Garber'When Dicta Runs Amok: Untangling PJI 2:320
Imagine a common scenario: A wrongful death case where the decedent leaves behind a spouse, two children, and a third adult child from a prior marriage…Overlapping Resolved and Unresolved Claims Bar Rule 54(b) Appeal
In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss the issue of appellate jurisdiction is always open for consideration by a reviewing court, even if no party has raised it.Trending Stories
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