Court of Appeals October Session: Arguments of Interest for October 11, 2017

The Court of Appeals returns for its second day of argument in the October session on Wednesday, October 11, 2017, with three cases scheduled for argument (the Court's case summaries can be found here). First up, the Court will hear arguments about whether a driver's nervousness, repeated looks toward the back seat, and refusal to …

Court of Appeals October Session: Arguments of Interest for October 10, 2017

The Court of Appeals' October session begins on Tuesday, October 10, 2017, with three cases on the argument calendar (the Court's case summaries can be found here). The Court will face the following issues: (1) whether a Cayman precondition to continuing a derivative suit must be satisfied before the derivative claims may be pursued in …

En Banc Second Circuit Hears Arguments Whether Sexual Orientation Discrimination is Discrimination Because of Sex Under Title VII

The full Second Circuit yesterday heard arguments in Zarda v Altitude Express, which involves the hot button legal question whether Title VII offers protection for sexual orientation discrimination under the clause prohibiting discrimination "because . . . of sex." In a nearly two-hour argument, with three attorneys arguing on each side, the Court was fairly active …

The Court of Appeals September Session Leave Grants

The Court of Appeals' September Session came to a close last week, with the Court issuing four new leave grants, two from the Fourth Department and one each from the First and Third Departments.  Here's a quick look at those new cases: Ferrara v Peaches Cafe LLC, 138 AD3d 1391 (4th Dept 2016) Question presented: Whether …

Court of Appeals September Session: Arguments of Interest for September 13, 2017

The Court of Appeals wraps up the September Session arguments on Wednesday, September 13th with three cases on the docket (the Court's case summaries can be found here). The Court will hear arguments today on the following issues: (1) whether the State established, by clear and convincing evidence, that a sex offender suffered from a …

Court of Appeals Deals Blow to Right to Die Movement in New York

Four states have legalized the right to aid-in-dying, which is generally defined as the right of a mentally competent and terminally ill person to obtain a prescription for a lethal dosage of drugs from a physician, to be taken at some point to cause death—Oregon, Washington, Vermont, and California.  New York, on the other hand, …

Court of Appeals September Session: Arguments of Interest for September 12, 2017

The Court of Appeals returns for the second week of argument in the September session on Tuesday, September 12, 2017.  There are three cases on the docket today (the Court's case summaries can be found here), which involve the following issues: (1) whether agreements between an investment company and its financial advisors contained an enforceable …

Court of Appeals September Session: Arguments of Interest for September 7, 2017

The Court of Appeals wraps up the first week of argument for the September session with three cases on the docket (the Court's case summaries can be found here). The Court will hear arguments on the following issues: (1) whether Workers' Compensation Law § 25-a(1-a), which phases out a special fund that pays benefits to …

New York Judge Denies State’s Motion to Dismiss Suit Challenging Constitutionality of New York’s DFS Law

Last year, a wave of uncertainty surrounded the legality of daily fantasy sports. In New York, Attorney General Eric Schneiderman brought a high profile suit to enjoin the operation of Draft Kings and FanDuel, arguing that their DFS games violated New York's constitutional ban on gambling. Specifically, Article I, § 9 of the New York …

Court of Appeals September Session: Arguments of Interest for September 6, 2017

The Court of Appeals is back for its second day of argument at Court of Appeals Hall, with four cases on the docket (the Court's argument summaries can be found here). Some interesting cases on the calendar today involving the following issues: (1) whether the Second Class Cities Law is superseded by the Taylor Law …