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... Continue Reading →

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... Continue Reading →

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... Continue Reading →

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... Continue Reading →

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... Continue Reading →

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... Continue Reading →

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... Continue Reading →

Court of Appeals June Session: Arguments of Interest for June 5, 2018

The Court of Appeals returns for its last argument session before the summer break on Tuesday, June 5, 2018. On the first day of the June Session, the Court has three criminal cases on the docket (the Court's case summaries can be found here), involving the following issues: (1) whether the denial of a motion... Continue Reading →

Court of Appeals April-May Session: Arguments of Interest for May 2, 2018

The Court of Appeals wraps up the April-May Session on Wednesday, May 2, 2018 with three cases on the argument docket (the Court's case summaries can be found here). Two civil cases and one criminal case will be heard today, involving the following issues: (1) under the NYC rent control regulations that provide for deregulation... Continue Reading →

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