In Christiansen v Omnicom Group, Inc., a panel of the Second Circuit holds that it is contrained to dismiss the plaintiff's Title VII sexual orientation discrimination claims under the Court's precedent in Simonton v Runyon, but revives the plaintiff's gender stereotyping discrimination claim as stating a separate claim from the barred Title VII claims. Chief Judge Katzmann …
Second Circuit Rejects Law Firm Challenge to NY Rules Barring Non-Lawyer Investment in Law Firms
In Jacoby & Myers, LLP v Presiding Justices of the First, Second, Third and Fourth Departments, the Second Circuit rejected a law firm's challenge to NY's rules barring non-lawyer investment in law firms. The Court held that lawyers do not have First Amendment rights to associate and petition by accepting non-lawyer investment, and even if they …
Court of Appeals March Session: Arguments of Interest for March 22, 2017
The Court of Appeals' March Session continues on March 22, 2017 with three cases on the argument docket (the Court's case summaries can be found here). The Court will hear arguments on the following issues: (1) whether, after convenience store robbery, exigent circumstances existed to justify the police’s warrantless entry to and search of the …
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Court of Appeals March Session: Arguments of Interest for March 21, 2017
The Court of Appeals' March Session begins on March 21, 2017 with three cases on the argument docket (the Court's case summaries can be found here). The Court will hear arguments on the following issues: (1) whether a reasonable inference of damages is sufficient to plead a fraud based claim, or whether the plaintiff must …
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First Department Questions Propriety of Rule Limiting Liability for Domestic Animals to Viscious Propensities
In Scavetta v Wechsler, the First Department affirms the dismissal of negligence claims against the owner of a dog that, when leashed to a bicycle rack, dragged the rack into the street injuring the plaintiff. Although the Court noted that it was constrained to dismiss the case by the Court of Appeals' vicious propensities rule in …
In Case of First Impression, First Department Holds RMBS Trustee Has Standing to Enforce Putback Rights
In Natixis Real Estate Capital Trust 2007-HE2 v Natixis Real Estate Holdings, LLC, the First Department holds, in a case of first impression in NY, that the Securities Administrator of a residential mortgage backed securities (RMBS) trust has standing to bring an action to enforce putback rights, in addition to the standing normally granted to …
In Basis PAC-Rim Opportunity Fund (Master) v TCW Asset Mgt. Co., the First Department holds loss causation lacking in a residential mortgage backed securities fraud case where the investment tanked at the same time as the housing market. The Court clarified that it is not impossible to show fraud in the event of a market …
Court of Appeals Will Hear Lindsay Lohan’s and Mob Wives Star’s Appeals of Dismissal of Right to Privacy Suit Against Creator of Grand Theft Auto V
Grand Theft Auto V is the latest in a popular series of the video games where the player controls one of several main characters in a mob family/drug cartel story that takes place in the fictional city of Los Santos, San Andreas. After the game was released, Plaintiffs Lindsay Lohan and Karen Gravano (of the …
Court of Appeals Holds County Not Liable for Sexual Assault of Plaintiff at County-Owned BOCES Program
In Tara N.P. v Western Suffolk Bd. of Cooperative Educational Services (No. 8) previewed here, a teenage female student was sexually assaulted by a Level III sex offender that Suffolk County had assigned to perform maintenance work at the BOCES program where the student was taking classes. The County owned the property and leased the building to …
Court of Appeals Declares that No Insurance Coverage Exists for Tower Crane Damaged During Superstorm Sandy
In Lend Lease (US) Construction LMB Inc. v Zurich American Insurance Company (No. 11) previewed here, the owner and construction manager of a 74-story high rise being built in midtown Manhattan sought coverage for damage caused to the tower crane being used to build the building during Superstorm Sandy in October 2012. Zurich, one of …
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