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 …
Continue reading "Court of Appeals October Session: Arguments of Interest for October 10, 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 …
Continue reading "Court of Appeals September Session: Arguments of Interest for September 5, 2017"
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 …
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 …
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 …
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"
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 …
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 …
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 …
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 …
New York Appeals 