When an on-duty state trooper in two separate incidents rams his police vehicle into occupied vehicles while travelling at speeds up to 130 miles per hour on the Thruway, causing those vehicles to crash and an 11-year-old girl to be killed, does the evidence presented to the grand jury support a criminal charge of depraved …
NYSBA CasePrepPlus Newsletter 9.13.24: Can a Superior Court Information Charge a Criminal Defendant With Counts of a higher Degree Than Contained in the Felony Complaint?
The First Department this week tackled whether the New York Constitution authorizes a criminal defendant to be charged in a superior court information with counts of a higher level or degree than were originally contained in the felony complaint. Joining the Third Department, the First Department held that it does not. Let’s take a look …
NYSBA CasePrepPlus Newsletter 9.6.24: Can an ACA Health Insurance Policy be an Available Collateral Source that Could Offset a Damages Award to an Uninsured Plaintiff?
Can the availability of health insurance to uninsured plaintiffs through the Patient Protection and Affordable Care Act entitle a defendant in a personal injury action to a collateral source hearing under CPLR 4545 to determine if that potential insurance could offset futural medical expense awards? The Second Department tackled that novel question in New York …
NYSBA CasePrepPlus Newsletter 8.30.24: Is New York’s Early Mail Voter Act Constitutional?
Does the New York Constitution require voters to vote in person in their election districts, and thereby place a limitation on the power of the legislature to decide what methods of voting may be authorized without a constitutional amendment? Holding that the Constitution contains no such requirement, the Court of Appeals this week declared that …
NYSBA CasePrepPlus Newsletter 8.16.24: Is Facebook a “Public Forum” Under New York’s Anti-SLAPP Statute?
Facebook and other social media sites are public fora under New York’s statute protecting against strategic lawsuits against public participation. Indeed, the Second Department concluded, Facebook has long offered the public a forum for expressing their opinions on matters of public and private interest, so statements made on social media can qualify for protection under …
NYSBA CasePrepPlus NewsLetter 8.9.24: The First Department Refuses to Lift the Narrowed Gag Order in President Donald Trump’s Criminal Case
This week, the First Department once again refused to intervene to rescind the gag order in President Donald Trump’s criminal proceeding, holding that because the former president has not yet been sentenced, the paired down gag order to protect against statements about the prosecution and court staff remain necessary to protect them from threats, intimidation, …
NYSBA CasePrepPlus Newsletter 8.2.24: Does the NY Constitution’s Green Amendment That Guarantees Clean Air, Clean Water, and a Healthful Environment Apply to Private Conduct?
Does New York’s new constitutional right to clean air, clean water, and a healthful environment under the Green Amendment apply to private conduct, like the operation of the State’s second largest landfill? The Fourth Department held that it does not, but only applies to state action, albeit noting that no party contested that issue. This …
NYSBA CasePrepPlus Newsletter 7.26.24: The First Department Warns Parties to Beware the Benefit of Their Bargains and Think Through the Consequences of the Language They Choose in Commercial Contracts
When two sophisticated commercial entities bargain for a commercial agreement, they are bound by the provisions, broad or narrow, that they draft and the consequences that flow from the language that they choose. Courts are not free to alter those agreements merely because they end up being a bad bargain for one side or the …
NYSBA CasePrepPlus Newsletter 7.19.24: Is the United Methodist Church a Separate Legal Entity That Can Be Sued Under the Child Victim’s Act?
Is the United Methodist Church a jural entity capable of being sued under the Child Victim’s Act for alleged abuse committed by its local church officials? Given the unique structure of the Church, the Second Department held, the Church is only a religious denomination, not a legal entity capable of being sued. Thus, the only …
NYSBA CasePrepPlus NewsLetter 7.12.24: Do Private School Students Outside of New York’s Cities Have a Right to Transportation to and From School on Days that Their Public Schools are Closed?
Do private school students outside of New York’s cities have a right to transportation to and from their private schools on the days that their public schools are closed? The Court of Appeals holds that they don’t, and leaves any change in that policy to the Legislature to address. Let’s take a look at that …
New York Appeals 