This is it, the final day of argument before the Court of Appeals' break for the summer. There are only two cases on the argument docket today (the Court's case summaries can be found here), which present the following issues: (1) whether a bail bondsman may retain a bail bond premium if the bond is …
Continue reading "Court of Appeals May-June Session: Arguments of Interest for June 1, 2017"
The Court of Appeals' May-June Session continues on May 31st with three cases on the argument docket (the Court's case summaries can be found here). The Court will address the following issues: (1) whether a decedent entered a binding and irrevocable agreement with his grandsons to care for and maintain his rental property in exchange …
Continue reading "Court of Appeals May-June Session: Arguments of Interest for May 31, 2017"
The Court of Appeals begins its final argument session before the summer recess on Tuesday, May 30th. This is a short one-week session with only three days of argument, as is typical for the May-June Session. Today, there are three cases on the argument docket ( the Court's case summaries can be found here), which …
Continue reading "Court of Appeals May-June Session: Arguments of Interest for May 30, 2017"
Following the Second Circuit's opinion in Christiansen v Omnicom Group, where the Court held it was constrained to dismiss a sexual orientation discrimination claim under Title VII because a three-Judge panel of the Court could not overrule the binding precedent in Simonton v Runyon, which held that sexual orientation discrimination claims are not cognizable under …
After the Supreme Court unanimously held in March that New York's credit card surcharge law regulates speech, the Second Circuit has taken up the case again. As a refresher, New York General Business Law § 518 provides that that “[n]o seller in any sales transaction may impose a surcharge on a holder who elects to …
When the first few lines of an opinion begin like this, you pretty much know how it will end. In Matter of Acevedo v New York State Department of Motor Vehicles (Nos. 40, 41, and 42), the Court of Appeals rejected three challenges brought by recidivist drunk drivers to new regulations adopted by the DMV that foreclosed …
In Makinen v City of New York, two New York City police officers sued the City and the Police Commissioner alleging that they were discriminated against because they were perceived to be untreated alcoholics, a form of disability discrimination. The problem is, they weren't alcoholics at all, and the express terms of the New York …
Under New York Insurance Law § 3105, insurers have an out. If you materially misrepresent something when buying insurance, the insurer can get out of the contract. That's valuable to insurers as it transfers the risk of loss when the insurer was induced to issue a policy based upon false information. In Ambac Assur. Corp. …
Virtually lost in the scandal surrounding the firing of FBI Director James Comey is that the President will now have to pick someone to succeed him as the head of the FBI. Speculation has run rampant concerning a list of potential new directors, and one name on that list is, according to Politico's sources, Court …
Continue reading "Court of Appeals Judge Michael Garcia to Interview for FBI Director"
In Matter of Weber v State Univ. of N.Y., Coll. At Cortland, the Third Department confirmed a SUNY determination to expel a student for sexually assaulting another student, finding that the victim never consented to sex. This case is pretty clear cut and would not be that remarkable if it wasn't for the Third Department's …
Continue reading "Third Department, This Time, Upholds Expulsion of Student for Sexual Assault"
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