Category: Civil Practice

How Courts Are Handling the Proportionality Requirements of Rule 26(g)

How Courts Are Handling the Proportionality Requirements of Rule 26(g)

–by Steven Yurkonis Sources: Fed. R. Civ. P. 26 (2015); Mancia v. Mayflower Textile Servs. Co., 253 F.R.D. 354, 357 (D. Md. 2008). Abstract: The changes to discovery procedures in the Federal Rules of...

After Hours of Debate Between Members of the House Judiciary Committee, the Lawsuit Abuse Reduction Act of 2017 (H.R. 720) Advances to the House Floor

After Hours of Debate Between Members of the House Judiciary Committee, the Lawsuit Abuse Reduction Act of 2017 (H.R. 720) Advances to the House Floor

–by Anna Pinchuk Citations: https://judiciary.house.gov/wp-content/uploads/2017/01/2.02.17-Transcript.pdf http://docs.house.gov/meetings/JU/JU00/20170202/105522/BILLS-115HR720ih.pdf http://www.americanbar.org/content/dam/aba/uncategorized/GAO/2017feb1_lara_l.authcheckdam.pdf http://www.businesswire.com/news/home/20170202006132/en/U.S.-Chamber-Applauds-House-Judiciary-Committee-Passage Abstract: H.R. 720, the Lawsuit Abuse Reduction Act, amends Rule 11 of the Federal Rules of Civil Procedure. The Act requires judges to impose mandatory sanctions...

Who Knew? Sue-and-be-sued Clauses: State or Federal Jurisdiction

Who Knew? Sue-and-be-sued Clauses: State or Federal Jurisdiction

–by Michael Corelli Source: Lightfoot v. Cendant Mortgage Corp., 580 U. S. ____ (2017); Bank of United States v. Deveaux, 9 U.S. 61 (1809); Osborn v. Bank of United States, 9 Wheat. 738 (1824);...

California Egg Production Laws Survive Lawsuit

California Egg Production Laws Survive Lawsuit

–by Caitlin Lomazzo Citations: Mo. ex rel. Koster v. Harris, 2016 U.S. App. LEXIS 20613 (2016); Mo. v. Harris, 2014 U.S. Dist. LEXIS 89716 (2014); Cal Health & Saf Code § 25990; 3 CCR 1350 §...

Survey: 2015 Civil Practice

Survey: 2015 Civil Practice

Michael Anthony Bottar reviews the developments in New York Civil Practice during 2015. Bottar surveys five statutory reforms, material changes to the Office of Court Administration (OCA) rules, and various case law developments under...

New York Court of Appeals Takes Strict View on Preservation

New York Court of Appeals Takes Strict View on Preservation

—by David Katz In re New York City Asbestos Litigation (Konstantin v. Tishman Liquidating Corp.), 2016 N.Y. LEXIS 1765; 2016 NY Slip Op 05064 (N.Y. June 28, 2016), aff’g on other grounds 121 A.D.3d...

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

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...

Davis v. South Nassau Communities Hospital

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...

Survey: 2014 Civil Practice

Survey: 2014 Civil Practice

Survey of New York Civil Practice for 2013–2014. View Full PDF Michael Anthony Bottar is a graduate of Colgate University and summa cum laude graduate of Syracuse University College of Law, the author is a member...

Coleson v. City of New York 0

Coleson v. City of New York

This appeal stems from a negligence suit against the City of New York and the New York City Police Department (NYPD) and addresses what evidence is necessary to establish that a special relationship existed...