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 …
Judge Rowan Wilson, Dissenting in Personal Jurisdiction Case, Advocates that Court of Appeals Should Have Dismissed Appeal as Improvidently Granted
In Wilson v Dantas (No. 62), previewed here, the Court of Appeals affirmed an order of the Appellate Division, First Department, holding that it had long-arm jurisdiction over the defendants in a breach of contract and fiduciary duty action, because the appellant expressly abandoned his challenge to the personal jurisdiction ruling on appeal. Interestingly, however, …
Court of Appeals Holds New York City’s Adult Use Zoning Ordinance Does Not Violate First AmendmentÂ
In this long and tortured litigation over New York City's adult use zoning regulations on First Amendment grounds, which I previewed here, the Court of Appeals was asked to decide whether New York City met its burden to show that the reconfiguration of adult businesses to attempt to avoid regulation under the adult use zoning …
Court of Appeals Holds Additional Insured is Only Entitled to Coverage if Named Insured Proximately Caused Occurrence
In insurance contracts for major development or municipal projects, there are generally a number of parties that have insurance coverage under a single insurance policy. For example, in The Burlington Insurance Company v NYC Transit Authority (No. 57), previewed here, a general contractor, Breaking Solutions, Inc. (BSI), was awarded a contract to complete some excavation work …
Court of Appeals Decision Puts Redevelopment of Shea Stadium Site on Hold
In Matter of Avella v City of New York (No. 54), previewed here, the Court of Appeals was asked to decide whether the plans to redevelop the blighted former Shea Stadium site as a retail mall and a movie theatre, known as Willets West, exceeds what the Legislature allowed when it approved the alienation of …
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Second Circuit Liberalizes Article III Standing for Class Action Against Whole Foods
You walk into Whole Foods and see organic this, grass fed that, and cage free, free range the other. What don't you see? A large sign that says: "Buy some prepackaged tabouli. We have overweighted it and will charge you more than you're actually going to get. You're welcome." That's what the plaintiff in John …
En Banc Second Circuit Agrees to Decide Whether Title VII Protects Against Sexual Orientation Discrimination
Following the Second Circuit's opinion in Christiansen v Omnicom Group, where the Court held it was constrained to dismiss a sexual orientation discrimination claim under Title VII because a three-Judge panel of the Court could not overrule the binding precedent in Simonton v Runyon, which held that sexual orientation discrimination claims are not cognizable under …
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 …
Court of Appeals Upholds DMV Regulations Barring Recidivist DWI Offenders from Getting Licenses Back
When the first few lines of an opinion begin like this, you pretty much know how it will end. In Matter of Acevedo v New York State Department of Motor Vehicles (Nos. 40, 41, and 42), the Court of Appeals rejected three challenges brought by recidivist drunk drivers to new regulations adopted by the DMV that foreclosed …
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. Â The problem is, they weren't alcoholics at all, and the express terms of the New York …
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