Is the United Methodist Church a jural entity capable of being sued under the Child Victim’s Act for alleged abuse committed by its local church officials? Given the unique structure of the Church, the Second Department held, the Church is only a religious denomination, not a legal entity capable of being sued. Thus, the only …
NYSBA CasePrepPlus NewsLetter 7.12.24: Do Private School Students Outside of New York’s Cities Have a Right to Transportation to and From School on Days that Their Public Schools are Closed?
Do private school students outside of New York’s cities have a right to transportation to and from their private schools on the days that their public schools are closed? The Court of Appeals holds that they don’t, and leaves any change in that policy to the Legislature to address. Let’s take a look at that …
NYSBA CasePrepPlus Newsletter 6.28.24: Can a Municipality be Held Liable for Negligent Supervision of a Child During a Supervised Custodial Visit?
Can a municipality be held liable for negligent supervision during a supervised custodial visit? Although a municipality is generally immune from tort liability, the Second Department here held that the municipality assumed a special duty to a child by having a Department of Social Services employee supervise the custodial visit and could potential face liability …
NYSBA CasePrepPlus Newsletter 6.21.24: Spoliation — Don’t Do It or You’ll Face the Consequences!
It’s spoliation week here at the NYSBA CasePrepPlus newsletter. Both the First and Fourth Departments had a chance to explain the severe consequences that can result if parties fail to preserve relevant information, especially electronic information, for disclosure in discovery. Let’s take a look at those opinions and what else has been happening in New …
NYSBA CasePrepPlus Newsletter 6.14.24: What Analysis Must a Trial Court Undertake When a Criminal Defendant Raises a Batson Challenge to the Striking of a Potential Juror of Color?
When a criminal defendant raises a Batson challenge to the prosecution’s use of a peremptory challenge to strike a potential juror of color from the jury, what steps must the trial courts follow to determine whether the peremptory was based in invidious racial discrimination or the People had race-neutral reasons for the strike? The Third …
NYSBA CasePrepPlus Newsletter 6.7.24: When May New York Courts Take Judicial Notice of Foreign Law?
This week, the Court of Appeals delved into New York’s choice of law rules when the dispute involves the internal affairs of a corporation, noting that the law of the place of incorporation will typically apply, and explained to the bench and bar when courts may take judicial notice of foreign law. And the Second …
NYSBA CasePrepPlus Newsletter 5.31.24: New York’s Requirement that Employers Provide Insurance Coverage for Medically Necessary Abortion Services Survives a Post-Fulton Free Exercise Challenge
It’s another big week of constitutional law in New York. This week, the Court of Appeals reaffirmed its holding that New York’s regulatory requirement that employers provide insurance coverage for medically necessary abortion services, and its exemption for “religious employers,” are generally applicable and do not violate the Free Exercise Clause. And the Court adopted …
NYSBA CasePrepPlus Newsletter 5.24.24: What Must the Police Show to Stop a Car for Having Excessively Tinted Windows?
This week, the Court of Appeals is back with its first opinions from the April argument session, with the Court addressing the People’s evidentiary burden to demonstrate probable cause to stop a car for having excessively tinted windows and how the Workers’ Compensation Law presumption that an injury that occurs in the course of employment …
NYSBA CasePrepPlus Newsletter 5.17.24: New York’s Mail-in Voting Law Survives Congresswoman Elise Stefanik’s Constitutional Challenge
It’s a blockbuster week here at the NYSBA CasePrepPlus Newsletter. We’re talking about two monumental constitutional law opinions out of the Third Department this week. In the first, former Governor Andrew Cuomo, in his attempt to keep his COVID-19 book royalties, successfully argued that the New York State Commission on Ethics and Lobbying in Government, …
NYSBA CasePrepPlus Newsletter 5.10.24: Are AirBnB Rentals Considered “Single-Family Residential” Uses Under a Subdivision’s Restrictive Covenants?
This week, by request, we’ll take a look at one more Court of Appeals criminal law decision from the April session releases. In People v Franklin, the Court examined whether a Criminal Justice Agency questionnaire was “testimonial” for Sixth Amendment confrontation purposes. Beyond the Court of Appeals’ order, the Third Department examined whether a short-term …
New York Appeals 