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… Read more »
Category: Legal Pulse
NY Court of Appeals Grants Summary Judgment in Joint Venture Dispute
—by Shannon Crane Littleton Constr. Ltd. v. Huber Constr., Inc., No. 96, 2016 N.Y. LEXIS 1688 (June 14, 2016). *** In Littleton Construction Ltd. v. Huber Construction, Inc, plaintiff commenced… Read more »
Pennsylvania Judge Rules Senator Cruz Is Eligible To Be President
—by Philip A. Perez Elliott v. Cruz, 134 A.3d 51 (Pa. 2016). Abstract: On March 10, 2016, Senior Judge Dan Pellegrini authored an opinion for the Commonwealth Court of Pennsylvania… Read more »
In Jail? Be Careful What You Say on the Phone, It May be Used Against You in Court
—by D.J. Nugent People v. Johnson, No. 37, 2016 N.Y. LEXIS 752 (N.Y. Apr. 5, 2016). Abstract: The Court of Appeals upheld a New York City regulation that permits prisons,… Read more »
New York Court of Appeals Holds “Symptom Threshold” Methodology Is Inadmissible, But Cites “Odor Threshold” Methodology With Approval
—by David M. Katz Sean R. v. BMW of N. Am., LLC, 48 N.E.3d 937 (N.Y. 2016). Abstract: The New York Court of Appeals recently decided that the basis for… Read more »
Taxing the Human Body
—by Kelly Pare Perez v. Comm’r, 144 T.C. No. 4 (2015) Abstract: Advances in modern medicine have brought new meaning to the idea of selling one’s body. Surrogacy arrangements, egg… Read more »
Obama’s Endgame for Military Detention at Guantanamo
—by Kyle Tucker Source: President Barack Obama, Remarks by the President on Plan to Close the Prison at Guantanamo Bay (Feb. 23, 2016), https://www.whitehouse.gov/the-press-office/2016/02/23/remarks-president-plan-close-prison-guantanamo-bay. Abstract: President Obama announced that a plan… Read more »
New York Court of Appeals Finds State Thruway Authority not Responsible in Slip-and-Fall Outside Precinct
—by Adam Kuhn Sherman v. N.Y. State Thruway Auth., No. 56, 2016 N.Y. LEXIS 1061 (May 5, 2016). Abstract: The New York Court of Appeals granted summary judgment for the… Read more »
Sodium Wars: New York City’s Effort to Warn
Comments Off on Sodium Wars: New York City’s Effort to Warn
— by Forrest Young ABSTRACT: In 2015, New York City’s Board of Health announced new regulations requiring chain restaurants to provide warnings about the sodium in their menu options. In… Read more »
To Challenge Governmental Action in Land Use Matters, No Need for Unique Injury
Comments Off on 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… Read more »