The Court of Appeals' November concludes on Thursday, November 16, 2017, with three cases on the argument docket (the Court's case summaries can be found here). First on the calendar is a State Environmental Quality Review Act case, which asks whether the New York State Department of Health took a hard look at the potential …
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The Court of Appeals' November Session continues at Court of Appeals Hall on Wednesday, November 15, 2017 with four cases on the argument docket (the Court's case summaries can be found here). First up is a certified question from the Second Circuit Court of Appeals involving reinsurance agreements. Particularly, the Court of Appeals will hear …
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The Court of Appeals returns to Albany for a one-week November Session beginning on Tuesday, November 14, 2017. The Court will hear argument in four cases today. First on the argument calendar are two cases involving questions about how class actions should work in New York. In the first, the Court is asked whether putative …
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There has been a wealth of information recently on just how few women are getting opportunities to argue before the Supreme Court. Inspired by the fantastic piece done by Adam Feldman of Empirical SCOTUS (and @AdamSFeldman on Twitter) that looked at the dearth of women getting chances to argue before the nation's highest court during …
In American Economy Insurance Company v State of New York (No. 96), previewed here, two titans of the appellate world faced off in a dispute over the phase out of a special workers’ compensation fund that pays benefits to injured workers whose cases were closed and later reopened. The plaintiffs, represented by WilmerHale's Seth Waxman, former Solicitor General …
Judge Rowan Wilson isn't afraid to step out on a limb when he sees inequity or incongruity. He reminds me of another independent commercial litigator that once sat on the Court of Appeals—former Judge Robert Smith. Judge Smith was well known not only for his voracious questioning at oral argument, but also for pointing out …
If you're invited to a brown bag lunch with a judge, be sure to bring a lunch. That was the mistake I made this week at the Albany County Bar Association's first quarterly brown bag lunch event with local judges. (In my defense, I ran out of time to grab lunch and wanted to make …
Under Title VII and the New York State Human Rights Law, individuals are protected from discrimination on the basis of a perceived disability, even if they don't have one. The New York City Human Rights Law is generally interpreted to be even more protective than Title VII and the State Human Rights Law. In fact, …
The Court of Appeals finishes up the October session arguments on Wednesday, October 18th with three cases on the calendar (the Court's case summaries can found here). First on the docket is a case asking whether one attempt at personal service of notices of violation on a property owner was enough of a reasonable attempt …
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The Court of Appeals begins its second week of arguments for the October session on Tuesday, October 17th with three cases on its calendar (the Court's case summaries can be found here). First up is a criminal case asking whether a criminal defendant should have been entitled to a cross-racial identification jury charge at his …
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New York Appeals 