Month: February 2016

To Challenge Governmental Action in Land Use Matters, No Need for Unique Injury

— by Moira Ferguson Source: In re Sierra Club v. Village of Painted Post, No. 151 (N.Y. Nov. 19, 2015) Abstract: To have standing to challenge governmental action in land use matters, a party must show it would suffer a

Posted in Civil Practice, Contracts, Environmental Law, Legal Pulse

Second Amendment Precedence Developing Through SAFE Act Litigation

— by William Woodworth Recently, two courts considered the constitutionality of New York’s SAFE Act. Both courts assessed whether the regulation burdens a second amendment right, and whether the regulation survives appropriate scrutiny. Here, the courts found the second amendment’s

Posted in Constitutional Law, Legal Pulse, Second Circuit

Injured? You May be Covered: Court Of Appeals Extends the Duty of Care Owed by Medical Providers to Members of the General Public

— By Andrew Stewart Davis v. South Nassau Communities Hosp., 2015 NY Slip Op 09229 (December 16, 2015). Abstract: The Court of Appeals recognized a legal duty owed by medical providers to a non-patient, third party even in the absence

Posted in Article Archive, Health Law, Legal Pulse, New York Court of Appeals, Tort Law

The NFL’s New Application of the Rooney Rule

— by Ben Cranston Abstract: If the statistical evidence of success of the NFL’s “Rooney Rule” is any indicator of future increased diversity, we will be seeing significantly more female executives working for NFL franchises in the coming years. The

Posted in Civil Rights, Employment Law, Labor and Employment Law, Legal Pulse, Sports Law

All Bets Are Off – Daily Fantasy Sports Embroiled in Legal Battle in New York

— by Wes Gerrie   Case: People v. FanDuel Inc., DraftKings Inc., et al., No. 453056/15, 2015 N.Y. Misc. Lexis 4521 (S.D.N.Y. Dec. 11, 2015).   Abstract The popular, yet controversial, activity of Daily Fantasy Sports faced its first legal

Posted in Legal Pulse, Sports Law

Obama’s Executive Action for Gun Control

— by Hannah Lewis   Source: Press Release, Office of the Press Secretary, The White House, Fact Sheet: New Executive Actions to Reduce Gun Violence and Make Our Communities Safer (Jan. 4, 2016).   Abstract: President Barack Obama recently announced that taking

Posted in Administrative Law, Constitutional Law, Legal Pulse

Women Only Liable for Intentional Injuries to Unborn Fetuses, Court of Appeals Says

–by Chris Powers Abstract: The New York Court of Appeals ruled that a mother cannot be held liable for the death of a newborn baby when the baby’s injury was caused by the mother’s prenatal negligence because criminalizing negligence in

Posted in Article Archive, Legal Pulse, New York Court of Appeals, Tort Law

Second Circuit Holds that the Discharge Injunction Provisions of the Bankruptcy Code do not Repeal Post Discharge Claims Under the Fair Debt Collection Practices Act

— by Matthew Schutte Case: Garfield v. Ocwen Loan Servicing, LLC, 2016 U.S.  App. LEXIS 3 (2d Cir. 2016) Abstract: Plaintiff borrower appealed from District Court’s dismissal of her post discharge Fair Debt Collection Practices Act claims against Defendant loan servicer. The

Posted in Commercial Transactions, Legal Pulse, Second Circuit

Davis v. South Nassau Communities Hospital

— by Anna McGinty Abstract A bus driver, Plaintiff, alleged that the Defendant South Nassau Communities Hospital treated a third party with medication that affected her ability to operate an automobile and due to that impairment she was involved in

Posted in Civil Practice, Legal Pulse

Muslim Organization Lacked Standing in Gun Store Battle

— by Nick Dwyer Case:  CAIR Florida, Inc. v. Teotwawki Investments, LLC, No. 15-cv-61541, 2015 WL 4571442 (S.D. Fla. Nov. 24, 2015).   Abstract: After a gun store owner made remarks that his store would not serve Muslim terrorists, a

Posted in Civil Rights, Legal Pulse