When text messages are deleted and can't be retrieved from someone's phone, what's the best way to prove in court what the messages said? According to the New York Court of Appeals today in People v Rodriguez, screenshots of the text messages can be introduced into evidence when they are properly authenticated by someone with …
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After 5 years of litigation, and countless sleepless nights in DraftKings and FanDuel offices (I assume), the New York Court of Appeals today held that daily fantasy sports is constitutional. And, as I thought might have been the case, the deciding vote for DFS's constitutionality was cast not by a Judge of the Court of …
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In a huge win for the New York State Forest Preserve, and those like me who love it, the Court of Appeals this morning held that the State's destruction of thousands of trees to build 12-foot wide community connector snowmobile trails throughout the Adirondack Park violates the Forever Wild clause of the New York Constitution. …
For the first time in more than a decade, the Supreme Court will review a Second Amendment challenge to a state's gun laws, and this time New York's law is in the crosshairs. The Court on Monday granted certiorari in New York State Rifle & Pistol Association v. Corlett, in which the Second Circuit affirmed …
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Daily fantasy sports may not be long for New York. Article I, § 9 of the New York Constitution bans gambling, plain and simple. That includes, lotteries, pool selling, book making, and "any other form of gambling." Now, the Appellate Division, Third Department has added DFS to that list of banned games, affirming a trial court …
Contracts are often ambiguous. They are usually long, with many terms, and you never know how they will apply in circumstances that the parties never contemplated. That's why the power to go to court to ask for an interpretation of the agreement and how it applies to the unique facts that the parties face has …
The game for the fate of daily fantasy sports in New York is on, and the State has scored first. Ok, ok. In appellate litigation, the losing party below always gets the ball first. And the State certainly lost below in this one. Judge Connolly of Supreme Court, Albany County held that daily fantasy sports …
In a unanimous decision authored by Judge Michael Garcia, the Court of Appeals today resolved an important issue of first impression implicating multi-state practice in New York—“whether an action, such as filing a complaint, taken by a lawyer duly admitted to the bar of this State but without the required New York office is a …
After Judge Gerald Connolly of Supreme Court, Albany County (the trial level in New York) recently declared that New York's Interactive Fantasy Sports Law violated the New York Constitution's outright ban on gambling, the case was bound to head on appeal. To me, the only question was to which court. Would the State appeal to …
Article I, § 9 of the New York Constitution bans gambling, plain and simple. That includes, lotteries, pool selling, book making, and now, according to a New York trial judge, daily fantasy sports as well. As you may recall, in 2015, the New York Attorney General made it a point to enforce the constitutional ban on gambling …
New York Appeals 