Category: Civil Practice

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 Civil Procedure have been in effect

Posted in Civil Practice, Legal Pulse

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: 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 on attorneys who file frivolous claims

Posted in Civil Practice, Legal Pulse

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); American Nat. Red Cross v. S.

Posted in Civil Practice, Legal Pulse

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 § 1350(a–d). Abstract: On October 19, 2016,

Posted in Administrative Law, Civil Practice, Constitutional Law, Legal Pulse

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 CPLR Articles 2, 3, 5, 9,

Posted in Civil Practice, Survey of New York Law

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 230 (N.Y. App. Div. 2014). Abstract:

Posted in Appellate Practice, Civil Practice, Legal Pulse, Trial Practice

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

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

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 of Bottar Leone, PLLC, an adjunct professor

Posted in Civil Practice, Survey of New York Law

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 between an individual and a municipality

Posted in Article Archive, Civil Practice, Court Watch, New York Court of Appeals, Tort Law