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 …
First Department Holds that Insurance Law 3105 Doesn’t Immunize Insurer from Proving Justifiable Reliance and Loss Causation to Succeed on Fraud Claim
Under New York Insurance Law § 3105, insurers have an out. If you materially misrepresent something when buying insurance, the insurer can get out of the contract. That's valuable to insurers as it transfers the risk of loss when the insurer was induced to issue a policy based upon false information. In Ambac Assur. Corp. …
Third Department, This Time, Upholds Expulsion of Student for Sexual Assault
In Matter of Weber v State Univ. of N.Y., Coll. At Cortland, the Third Department confirmed a SUNY determination to expel a student for sexually assaulting another student, finding that the victim never consented to sex. This case is pretty clear cut and would not be that remarkable if it wasn't for the Third Department's …
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First Department Holds Obligation to Repurchase Residential Mortgage Backed Securities Terminates After 6 Years
In Bank of N.Y. Mellon v WMC Mtge., LLC, Bank of NY Mellon was left holding thousands of defective residential mortgage backed securities after the real estate market collapse in 2008. The Bank of NY, which became the administrator of the loans in a securitized trust in June 2006, sued WMC Mortgage and JPMorgan Chase …
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