New York Court of Appeals: Screenshot or It Didn’t Happen

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 …

Daily Fantasy Sports are Constitutional in New York!

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 …

Could the Court of Appeals Overrule its Jurisdictional Barrier to Review of Unpreserved Questions of Law Reached and Decided by the Appellate Division?

Wednesday at the Court of Appeals' oral arguments, a fascinating, albeit super nerdy, procedural issue came up in Moore Charitable Foundation v PJT Partners. At the end of the appellant's argument time, Judge Garcia asked a simple, unassuming question that likely would have been missed by most everyone watching. He asked the appellant, "Don't you …

New York Daily Fantasy Sports Suit: Reargument at the Court of Appeals May Have Revealed a Fourth Vote to Preserve DFS’s Constitutionality

When the case challenging the constitutionality of daily fantasy sports in New York was reargued yesterday, after the New York Court of Appeals likely split 3-3 following the first argument last fall, three things stood out. First was the absence of now retired Court of Appeals Judge Eugene Fahey. At the first argument in October, …

The Commission on Judicial Nomination’s List of Candidates to Replace Judge Eugene Fahey on the New York Court of Appeals is Exciting!

With December 31st fast approaching, and Associate Judge Eugene Fahey's time on the Court of Appeals waning now that he turned 70 years old last month, the Commission on Judicial Nomination released its list of seven candidates to potentially take Judge Fahey's seat next year. With Judge Fahey being the last Judge on the Court …

New York Daily Fantasy Sports Suit: Despite Outspoken Opposition at the Court of Appeals Oral Argument, DFS Isn’t Dead Yet

The fate of daily fantasy sports in New York hangs in the balance after the New York Court of Appeals heard arguments in White v Cuomo, the case challenging that the Interactive Fantasy Sports law that authorized DFS in New York for the first time runs afoul of the New York Constitution's ban on gambling. …

In a Rare Occurrence, the Court of Appeals Declines to Review a Certified Question from the Second Circuit

Chalk this up to something you don't see every day. The Court of Appeals yesterday declined to accept a certified question from the Second Circuit in Andy Pabel Ferreiras Veloz v. Merrick B. Garland. In this immigration appeal from a final order of removal, the Second Circuit asked the Court of Appeals to review whether …

Court of Appeals Leave Grants: January 2021 Session to June 2021 Decision Days

The Court of Appeals is back in session for the start to the 2021-22 argument term. With two new Judges on the bench, it's time to take a quick look at the cases in which the Court has granted leave to appeal, and will be hearing at the upcoming argument sessions. From the January 2021 …

Darrelle Revis Asks the New York Court of Appeals to Hold that the Arbitration Clause of the NFLPA’s Standard Representation Agreement Does Not Apply to Agreements for Separate Legal Services

Going head to head with Darelle Revis in his prime as the NFL's premier shutdown cornerback was never a quarterback's idea of a fun Sunday afternoon. And for years, Revis's agents and attorneys, Neil Schwartz, Jonathan Feinsod, and Schwartz & Feinsod, LLC, profited handsomely from negotiating his NFL contracts and endorsement deals off the field. …

If New York Governor Andrew Cuomo Resigns…

What happens to the New York Court of Appeals? With the explosive, though likely not shocking, findings of the New York Attorney General's report on the allegations that Governor Andrew Cuomo sexually harassed multiple women who worked for him, Governor Cuomo faces two choices: (1) resign from office or (2) stay and fight the looming …

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