While the Court of Appeals takes most of the summer off, its docket still grows. That's because the Appellate Division is still working away on decisions, and granting leave to appeal to the Court of Appeals in cases it thinks should be heard. As was seen during the Court of Appeals' 2016-17 term, the Appellate …
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In Garthon Business Inc. v Stein (No. 99), which I previewed here, the Court of Appeals was asked whether Kazakh billionaire Patokh Chodiev's suit alleging breach of contract, fraud, and negligence for bad financial advice could be litigated in New York, or had to proceed to arbitration in London. The dispute involved multiple different investment advisement agreements with …
The Court of Appeals finishes up the first week of arguments in the October session with three criminal cases on the docket (the Court's case summaries can be found here). The Court will hear arguments on the following issues: (1) whether a criminal defendant was entitle to a writ of error coram nobis to reopen …
Continue reading "Court of Appeals October Session: Arguments of Interest for October 12, 2017"
The Court of Appeals returns for its second day of argument in the October session on Wednesday, October 11, 2017, with three cases scheduled for argument (the Court's case summaries can be found here). First up, the Court will hear arguments about whether a driver's nervousness, repeated looks toward the back seat, and refusal to …
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The Court of Appeals' October session begins on Tuesday, October 10, 2017, with three cases on the argument calendar (the Court's case summaries can be found here). The Court will face the following issues: (1) whether a Cayman precondition to continuing a derivative suit must be satisfied before the derivative claims may be pursued in …
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The full Second Circuit yesterday heard arguments in Zarda v Altitude Express, which involves the hot button legal question whether Title VII offers protection for sexual orientation discrimination under the clause prohibiting discrimination "because . . . of sex." In a nearly two-hour argument, with three attorneys arguing on each side, the Court was fairly active …
The Court of Appeals' September Session came to a close last week, with the Court issuing four new leave grants, two from the Fourth Department and one each from the First and Third Departments. Here's a quick look at those new cases: Ferrara v Peaches Cafe LLC, 138 AD3d 1391 (4th Dept 2016) Question presented: Whether …
Continue reading "The Court of Appeals September Session Leave Grants"
The Court of Appeals wraps up the September Session arguments on Wednesday, September 13th with three cases on the docket (the Court's case summaries can be found here). The Court will hear arguments today on the following issues: (1) whether the State established, by clear and convincing evidence, that a sex offender suffered from a …
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Four states have legalized the right to aid-in-dying, which is generally defined as the right of a mentally competent and terminally ill person to obtain a prescription for a lethal dosage of drugs from a physician, to be taken at some point to cause death—Oregon, Washington, Vermont, and California. New York, on the other hand, …
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The Court of Appeals returns for the second week of argument in the September session on Tuesday, September 12, 2017. There are three cases on the docket today (the Court's case summaries can be found here), which involve the following issues: (1) whether agreements between an investment company and its financial advisors contained an enforceable …
Continue reading "Court of Appeals September Session: Arguments of Interest for September 12, 2017"
New York Appeals 