When a thief, or these days a hacker, steals your credit card and uses it, most people call that identity theft. The New York criminal statutes, however, haven't been so clear about whether the use another's personal identifying information, such as their name, bank account, or credit card number, is enough to show that the …
Continue reading "Court of Appeals Gets “Cleaned Up,” and Also Decides an Identity Theft Case"
The Court of Appeals wraps up the April-May Session on Wednesday, May 2, 2018 with three cases on the argument docket (the Court's case summaries can be found here). Two civil cases and one criminal case will be heard today, involving the following issues: (1) under the NYC rent control regulations that provide for deregulation …
Continue reading "Court of Appeals April-May Session: Arguments of Interest for May 2, 2018"
The Court of Appeals returns for the final week of the April-May Session with four cases (three arguments) on its argument docket today (the Court's case summaries can be found here). The Court will hear arguments on the following issues today: (1) can the State prove that a parent has maltreated her child by using …
Continue reading "Court of Appeals April-May Session: Arguments of Interest for May 1, 2018"
The Court of Appeals wraps up the first week of the April-May Session with only two criminal cases on the argument docket. Each involves claims of actual innocence and when criminal defendants can bring those claims as a basis to vacate their convictions. Particularly, the Court will hear arguments on the following issues: (1) whether …
Continue reading "Court of Appeals April-May Session: Arguments of Interest for April 26, 2018"
The Court of Appeals will hear arguments in three cases on this rainy Wednesday, April 25, 2018, the second day of the April-May Session. On the docket today are two criminal appeals about the right to counsel and a civil case about taxing cigarettes sold on an Indian reservation, involving the following issues: (1) whether …
Continue reading "Court of Appeals April-May Session: Arguments of Interest for April 25, 2018"
The Court of Appeals returns for the April-May Session (and so do I after a month off) on Tuesday, April 24, 2018. The Court has three cases on its argument docket (the Court's case summaries can be found here), which involve the following issues: (1) whether accidental disability retirement benefits are a collateral source that …
Continue reading "Court of Appeals April-May Session: Arguments of Interest for April 24, 2018"
Imagine you hurt your shoulder and it's just not getting better. You go to the doctor after trying rehab and he says it's time for surgery. You schedule the date, head in to the hospital, and the doctor fixes your shoulder, or at least he says he did. He tells you to follow up with …
This is the decision that so many have been waiting for. In a historic ruling in Zarda v Altitude Express, the Second Circuit today overruled its' prior precedent in Simonton v. Runyon, and held that sexual orientation discrimination is discrimination because of sex that finds protection under Title VII. The comprehensive opinion the majority of the Second …
Financial fraud is complex. The schemes cooked up by fraudsters are intricate, and the financial maneuvers used are often difficult to follow. The fraud alleged in Cortlandt Street Recovery Corp. v Bonderman (No. 14) is no different. Breaking it down to the extent I can, a number of private equity investors were interested in acquiring …
A case about movie investments is the latest that has closely divided the Court of Appeals. Actually, the issue before the Court had absolutely nothing to do with the movie or the lost investment. Instead, it’s the kind of issue that sparks interest in the community of appellate lawyers who look at how the courts …
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