COVID-19: New York Courts Take Unprecedented Action to Limit In-Person Appearances

Unprecedented times call for unprecedented measures. And we're certainly in unprecedented times.  With the spread of COVID-19 growing exponentially each day, Chief Judge Janet DiFiore, Chief Administrative Judge Lawrence Marks, and the entire courts system have decided to take unprecedented action to limit in-court proceedings to only those essential for the administration of justice.  All... Continue Reading →

New York Daily Fantasy Sports Suit: State’s Appeal as of Right to the Court of Appeals Lets the Games Continue, For Now

After the Appellate Division, Third Department declared virtually the entire 2016 Interactive Fantasy Sports Law that had authorized daily fantasy sports games in the New York unconstitutional, it wasn't long before the State appealed the decision to the Court of Appeals. Doing so imposes an automatic stay of enforcement of the Third Department's order, which... Continue Reading →

New York Daily Fantasy Sports Suit: Appellate Division, Third Department Holds the Entire Interactive Fantasy Sports Law Unconstitutional

Daily fantasy sports may not be long for New York. Article I, § 9 of the New York Constitution bans gambling, plain and simple. That includes, lotteries, pool selling, book making, and "any other form of gambling." Now, the Appellate Division, Third Department has added DFS to that list of banned games, affirming a trial court... Continue Reading →

Court of Appeals Leave Grants for September-December Decision Days 2019

Happy New Year! It's now 2020 and the Court of Appeals is back in session. It's time to check in on the cases in which the Court of Appeals has granted leave to appeal from the beginning of the 2019-2020 term. September 2019 Session Daniels v New York City Transit Authority, 171 AD3d 601 (1st Dept... Continue Reading →

Zervos v Trump Heads to the Court of Appeals to Decide Whether the Supremacy Clause Precludes State Courts From Exercising Jurisdiction Over a Sitting President

Ten months after the First Department held that the Supremacy Clause of the United States Constitution does not divest state courts of jurisdiction over a state law case against a sitting President, the First Department has granted President Trump leave to appeal to bring that question of first impression in New York to the Court... Continue Reading →

New York Daily Fantasy Sports Suit: The Third Department Hears Oral Argument on Whether DFS is Prohibited Gambling

Oral argument of an appeal is often an appellate attorney's most fun moment in a case. You've labored over lengthy briefs on the issues at hand, thought about how you want the appellate court to decide your case, and pored over the briefs and record for hours creating an iron clad argument that will tip... Continue Reading →

New York Daily Fantasy Sports Suit: What Happens When an Amicus Isn’t Actually a Friend of the Court

It isn't often that New York appellate courts deny someone the right to submit an amicus brief in a pending appeal. It happens, but it's rare. In fact, the only time that I remember seeing a New York appellate court turn away a proposed amicus brief was when the proposed amicus had a direct financial... Continue Reading →

New York Daily Fantasy Sports Suit: The Amici Bring an Interesting Twist to Whether DFS Violates the NY Constitution’s Ban on Gambling

The State and the Plaintiffs aren't the only ones who want to be heard on whether the New York Interactive Fantasy Sports Law violates New York's constitutional ban on gambling. And New York courts are happy to hear their opinions. In White v Cuomo, three parties have sought and been granted leave to file amici... Continue Reading →

NY Daily Fantasy Sports Suit: Plaintiffs Argue that a Rose is a Rose and DFS is Gambling, Notwithstanding the Legislature’s Attempt to Say Otherwise

What kind of world do we live in, the Plaintiffs in White v Cuomo want to know in their constitutional challenge to New York's Interactive Fantasy Sports Law that authorized and regulated daily fantasy sports games in New York for the first time. "[A] Shakespearean world inhabited by Romeo and Juliet where substance trumps form, and a rose... Continue Reading →

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