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April 14, 2020 | New York Law Journal
In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss a recent decision in which the court decided that an individual who served as a courier for the delivery service Postmates qualified as an "employee" and Postmates was therefore required to make contributions to the unemployment insurance fund for him and other similarly situated individuals.
1 minute read
March 17, 2020 | New York Law Journal
In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss a recent four-to-three decision in which a narrow majority of the Court of Appeals reversed a trial court's sentencing determination that had been based on information from an unrelated criminal action in which the same defendant had been acquitted of all charges.
1 minute read
November 13, 2019 | New York Law Journal
In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss the recent decision in 'Maddicks v. Big City Properties', a landlord-tenant action in which the court addressed the issue of whether it is appropriate to dismiss class action claims at the motion to dismiss stage.
1 minute read
July 16, 2019 | New York Law Journal
In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'In the Matter of Kosmider v. Whitney', in which the Court of Appeals determined that there is no basis to distinguish between scanned images and paper ballots under Election Law §3-222, which restricts the disclosure of ballots for the two years after an election.
1 minute read
July 3, 2019 | New York Law Journal
In his Complex Litigation column, Michael Hoenig discusses an important recent decision on permissible exercise of long-arm jurisdiction by New York courts over an Ohio merchant of guns, and provides an update on deposition misconduct in light of a decision awarding sanctions against plaintiff's counsel in a multidistrict class action litigation.
1 minute read
April 16, 2019 | New York Law Journal
In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell discuss the recent case 'People v. Alvarez', where the court addressed an ineffective assistance of appellate counsel claim. The authors write that the decision is “notable for the unusually direct criticism with which the judges address each other's arguments in the majority opinion and two strong dissents.”
1 minute read
January 15, 2019 | New York Law Journal
In their New York Court of Appeals Roundup, William T. Russell Jr. and Lynn K. Neuner discuss a recent decision in which the court rejected a FOIL request by the New York Civil Liberties Union for certain New York Police Department disciplinary records on the grounds that they are exempted from disclosure by §50-a of the Civil Rights Law.
1 minute read
November 20, 2018 | New York Law Journal
The court affirmed a decision from the Appellate Division, which ruled that an interpretation of the 2014 state law expanding universal pre-K gives charter entities—rather than local school districts—almost exclusive oversight of those programs at charter schools.
1 minute read
November 14, 2018 | New York Law Journal
In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'Deutsche Bank National Trust Company v. Flagstar Capital Markets Corporation', the latest in a series of decisions construing the application of New York's statute of limitations to residential mortgage backed securities (RMBS) claims.
1 minute read
October 15, 2018 | New York Law Journal
The case has the potential to assert a stricter standard in personal injury cases when the claimant is seeking relief from exposure to a toxic substance, such as asbestos.
1 minute read
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