When the case challenging the constitutionality of daily fantasy sports in New York was reargued yesterday, after the New York Court of Appeals likely split 3-3 following the first argument last fall, three things stood out. First was the absence of now retired Court of Appeals Judge Eugene Fahey. At the first argument in October, …
New York Daily Fantasy Sports Suit: Despite Outspoken Opposition at the Court of Appeals Oral Argument, DFS Isn’t Dead Yet
The fate of daily fantasy sports in New York hangs in the balance after the New York Court of Appeals heard arguments in White v Cuomo, the case challenging that the Interactive Fantasy Sports law that authorized DFS in New York for the first time runs afoul of the New York Constitution's ban on gambling. …
Darrelle Revis Asks the New York Court of Appeals to Hold that the Arbitration Clause of the NFLPA’s Standard Representation Agreement Does Not Apply to Agreements for Separate Legal Services
Going head to head with Darelle Revis in his prime as the NFL's premier shutdown cornerback was never a quarterback's idea of a fun Sunday afternoon. And for years, Revis's agents and attorneys, Neil Schwartz, Jonathan Feinsod, and Schwartz & Feinsod, LLC, profited handsomely from negotiating his NFL contracts and endorsement deals off the field. …
New York Daily Fantasy Sports Suit: The Third Department Hears Oral Argument on Whether DFS is Prohibited Gambling
Oral argument of an appeal is often an appellate attorney's most fun moment in a case. You've labored over lengthy briefs on the issues at hand, thought about how you want the appellate court to decide your case, and pored over the briefs and record for hours creating an iron clad argument that will tip …
New York Daily Fantasy Sports Suit: The Amici Bring an Interesting Twist to Whether DFS Violates the NY Constitution’s Ban on Gambling
The State and the Plaintiffs aren't the only ones who want to be heard on whether the New York Interactive Fantasy Sports Law violates New York's constitutional ban on gambling. And New York courts are happy to hear their opinions. In White v Cuomo, three parties have sought and been granted leave to file amici …
NY Daily Fantasy Sports Suit: Plaintiffs Argue that a Rose is a Rose and DFS is Gambling, Notwithstanding the Legislature’s Attempt to Say Otherwise
What kind of world do we live in, the Plaintiffs in White v Cuomo want to know in their constitutional challenge to New York's Interactive Fantasy Sports Law that authorized and regulated daily fantasy sports games in New York for the first time. "[A] Shakespearean world inhabited by Romeo and Juliet where substance trumps form, and a rose …
Court of Appeals January Session Arguments of Interest: U.S. Bank National Association v DLJ Mortgage Capital, Inc.
If you thought the fallout from the residential mortgage foreclosure had run its course by now, you'd be wrong. For in the New York courts (and many others, I'm sure), litigation over bad mortgages lives on, and once again finds its way to the New York Court of Appeals. This time, the Court is asked …
Court of Appeals January Session Arguments of Interest: Arrowhead Capital Finance, Ltd. v Cheyne Specialty Finance Fund L.P.
The Court of Appeals begins the new year with one week of oral arguments that features a critical issue effecting multi-state practice of law in New York. On January 9, 2019, the second day of oral arguments, the Court will determine whether the failure of a plaintiff’s nonresident attorney to maintain an in-state office at …
Court of Appeals June Session: Arguments of Interest for June 7, 2018
The Court of Appeals finishes up the 2017-18 argument term with 4 arguments on the last day of the June Session. The cases vary wildly, from a Medicaid recoupment proceeding to a Justice Center finding of negligence against an intermediate care facility (the Court's case summaries can be found here). The Court will hear arguments …
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Court of Appeals June Session: Arguments of Interest for June 6, 2018
It's the second to last day of arguments at the Court of Appeals before the two month summer recess, and the Court has four 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's guilty plea should be thrown …
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