Court of Appeals October Session: Arguments of Interest for October 10, 2017

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 …

Court of Appeals September Session: Arguments of Interest for September 5, 2017

Welcome back to the first day of argument for the Court of Appeals' 2017-18 term. The Court is back for the first full argument term after its summer break, the first with new Judge Paul Feinman sitting. With lots of exciting cases for New York law on the docket this term (though probably not as …

Expressions Hair Design Update: State Asks Second Circuit to Certify Interpretation of General Business Law § 518 to the Court of Appeals

Seven weeks ago, the Second Circuit asked the parties in Expressions Hair Design v Schneiderman to submit further briefing on whether it should certify to the Court of Appeals the question of how General Business Law § 518, New York's credit card surcharge law, should be interpreted, whether section 518 is a valid commercial disclosure, and whether …

Court of Appeals Holds Bail Bondsmen Can’t Keep Bond Premium if Defendant Not Released

Arthur Bogoraz is a bad dude.  For more than three years, he ran a multi-million dollar no-fault insurance fraud scheme by convincing radiologists to review MRIs and submit fake insurance claims for payment.  He paid the radiologists kickbacks and then not only pocketed the cash, but used the radiologists' information to set up fake medical …

Second Circuit Certifies Questions to Court of Appeals Concerning Damages, Interest in Misappropriation of Trade Secrets Cases

Manufacturing plastic security seals is apparently big business.  You know, those seals that are nearly impossible to get off a bottle without a knife but give you a measure of comfort that nobody tampered with your goods before you opened them.  Well, when your company makes those plastic security seals, and three employees steal your …

Court of Appeals May-June Session: Arguments of Interest for June 1, 2017

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 …

Expressions Hair Design Update: Second Circuit Calls For Further Briefing, Asks Parties to Address Whether Part of Case Should Be Certified to Court of Appeals

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 …

Second Circuit Certifies Question to Court of Appeals Whether Untreated Alcoholics are Disabled Under NYCHRL

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 …

Court of Appeals Rejects Bright Line Rule That Only Direct Employers May Be Liable For Discrimination Under The Human Rights Law

In Griffin v Sirva, Inc. (No. 35) previewed here, two movers employed by Astro Moving and Storage Co. sued the parent company of Allied Van Lines, Sirva, Inc., for employment discrimination under the New York State Human Rights Law after they were fired by Astro pursuant to a Sirva policy forbidding the employment of persons …

Court of Appeals Accepts Second Circuit Certified Question Whether Reinsurance Cap Limits Liability for Both Losses and Expenses

On January 10, 2017, in Global Reinsurance Corporation of America v Century Indemnity Company, the Court of Appeals formally accepted the following certified question from the U.S. Court of Appeals for the Second Circuit: "Does the decision of the New York Court of Appeals in Excess Insurance Co.v. Factory Mutual Insurance Co., 3 N.Y.3d 577 …