The first seven sessions of the 2016-17 Court of Appeals term yielded 12 new cases granted by the Court (see Part 1 and Part 2 of my preview). The April and May Sessions kept up the slow grant pace, with 4 grants in April and 1 in May. Here's a brief rundown of those cases. …
Continue reading "The Court of Appeals 2016-17 Term Leave Grants: April and May Sessions"
Seven weeks ago, the Second Circuit asked the parties in Expressions Hair Design v Schneiderman to submit further briefing on whether it should certify to the Court of Appeals the question of how General Business Law § 518, New York's credit card surcharge law, should be interpreted, whether section 518 is a valid commercial disclosure, and whether …
After a slow start to the 2016-17 term, where the Court of Appeals granted only 4 cases from the September, October, November, December, and January sessions, the pace began to pick up in February and March. Between those two months, the Court of Appeals granted 8 motions for leave to appeal. Here's a quick overview …
Continue reading "The 2016-17 Court of Appeals Term Leave Grants – February and March Sessions"
With the Court of Appeals taking its summer recess, having decided all argued cases from this term (the Court's practice of releasing decisions during the session after they are argued is still impressive), I went back through the Court's decision lists from the 2016-17 term to see what cases the Court will be hearing and …
For years, you work with your grandfather to manage his rental apartments. When he retires from the business, you take over the rentals and upkeep of the building. You find tenants. You pay the mortgage and taxes. You do everything. In exchange for your years of work, he orally promises to give you the building …
Arthur Bogoraz is a bad dude. For more than three years, he ran a multi-million dollar no-fault insurance fraud scheme by convincing radiologists to review MRIs and submit fake insurance claims for payment. He paid the radiologists kickbacks and then not only pocketed the cash, but used the radiologists' information to set up fake medical …
People v Flores is an important case. In Flores, four criminal defendants were tried together on gang assault charges. The County Court where they were being tried, however, decided that it was going to empanel an anonymous jury, with the jurors identified only by number, not by name. The defendants' objected, arguing multiple times that …
Under the Education Article of the New York Constitution, students are guaranteed a free, sound basic education that should prepare them for participation in society. For the last 20 years, parents, education groups, and the State have fought over exactly what that requires. Beginning in 1995 with a series of cases called Campaign for …
In Zarda v Altitude Express, Inc., the Second Circuit, sitting en banc, is faced with the question of whether to overrule its prior precedent and hold that Title VII protects against sexual orientation discrimination. In Simonton v Runyan, the Court previously held that sexual orientation discrimination is not protected under Title VII's protection against discrimination "because …
Few cases ever make it to the Court of Appeals. The Court's jurisdiction allows precious few grounds for direct appeals, namely, where a substantial constitutional question is directly involved and where there is a double dissent at the Appellate Division on a dispositive question of law. All other cases get to the Court by seeking …
Continue reading "How to Get to the Court of Appeals: Appellate Division Conflicts and Novel Issues"
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