Imagine you hurt your shoulder and it's just not getting better. You go to the doctor after trying rehab and he says it's time for surgery. You schedule the date, head in to the hospital, and the doctor fixes your shoulder, or at least he says he did. He tells you to follow up with …
Zarda is Out: En Banc Second Circuit Holds Sexual Orientation Discrimination is Protected by Title VII
This is the decision that so many have been waiting for. In a historic ruling in Zarda v Altitude Express, the Second Circuit today overruled its' prior precedent in Simonton v. Runyon, and held that sexual orientation discrimination is discrimination because of sex that finds protection under Title VII. The comprehensive opinion the majority of the Second …
Court of Appeals: Indenture Trustee Can Bring Third Party Actions to Recover for Fraudulent Redemption of Assets Rendering Debtor Insolvent
Financial fraud is complex. The schemes cooked up by fraudsters are intricate, and the financial maneuvers used are often difficult to follow. The fraud alleged in Cortlandt Street Recovery Corp. v Bonderman (No. 14) is no different. Breaking it down to the extent I can, a number of private equity investors were interested in acquiring …
Plurality of Court of Appeals Holds Party Barred from Asserting a Federal Compulsory Counterclaim in a Subsequent State Court Suit
A case about movie investments is the latest that has closely divided the Court of Appeals. Actually, the issue before the Court had absolutely nothing to do with the movie or the lost investment. Instead, it’s the kind of issue that sparks interest in the community of appellate lawyers who look at how the courts …
Second Department Joins the Third Department in Applying the Child of the Marriage Presumption to Same Sex Spouses
It was only a few weeks ago that the Third Department held, for the first time in New York, that a married same sex couple is entitled to the presumption that a child born during their marriage is a child of the marriage. Now, the Second Department has agreed. In Matter of Joseph O. v …
Appellate Division E-Filing Begins March 1, 2018 with Brand New Uniform Rules
Just a few weeks ago, Chief Judge Janet DiFiore announced in her State of Our Judiciary speech that e-filing appeals in the Appellate Division would begin on March 1st. After the Office of Court Administration sought comments on proposed e-filing rules last summer, we knew that e-filing would soon begin. But the official date hadn't …
Continue reading "Appellate Division E-Filing Begins March 1, 2018 with Brand New Uniform Rules"
Court of Appeals: Private Facebook Posts are Discoverable Under Normal Discovery Rules
Like privacy wonks have always said, everything you do online will live on forever. In metadata, back up tapes, and the cloud. The same is true for what you say on Facebook, Twitter, or any other social media platform. And although privacy settings can protect your content from the general public, limiting it to sharing …
Court of Appeals February Session: Arguments of Interest for February 14, 2018
Happy Valentine's Day! The Court of Appeals wraps up its February Session with three cases on the calendar (the Court's case summaries can be found here). The specific issues the Court will face include: (1) whether a plaintiff seeking summary judgment on the issue of liability must establish, as a matter of law, that he …
Continue reading "Court of Appeals February Session: Arguments of Interest for February 14, 2018"
Court of Appeals February Session: Arguments of Interest for February 13, 2018
The Court of Appeals is back for a 2-day week of arguments to wrap up the February Session at Court of Appeals Hall. The Court has 3 cases on the argument docket today (the Court's case summaries can be found here), the highlight of which finds former Court of Appeals Judge Victoria Graffeo in her …
Continue reading "Court of Appeals February Session: Arguments of Interest for February 13, 2018"
Court of Appeals February Session: Arguments of Interest for February 8, 2018
The Court of Appeals' February session continues on Thursday, February 8, 2018 with three cases on the argument docket (the Court's case summaries can be found here). The Court will hear arguments on the following issues: (1) whether in misappropriation of trade secrets cases, damages can be measured by the misappropriator's costs avoided, and whether …
Continue reading "Court of Appeals February Session: Arguments of Interest for February 8, 2018"
New York Appeals 