Welcome back to the first day of argument for the Court of Appeals' 2017-18 term. The Court is back for the first full argument term after its summer break, the first with new Judge Paul Feinman sitting. With lots of exciting cases for New York law on the docket this term (though probably not as …
Continue reading "Court of Appeals September Session: Arguments of Interest for September 5, 2017"
With the August Election Session now upon us, and the September Session arguments starting up just after Labor Day, it's a good time to wrap up my preview of the 2017-18 Court of Appeals term. This is the fourth part in the series on the cases in which the Appellate Division granted leave to appeal. …
Continue reading "The 2016-17 Appellate Division Leave Grants: April, May, and June"
This is round three in my four part series previewing the cases that the Court of Appeals will hear during the 2017-18 term by leave of the Appellate Division. After 19 Appellate Division leave grants from September through December 2016, the grant pace slowed considerably during the first three months of 2017. Only 7 cases …
Continue reading "The 2016-17 Appellate Division Leave Grants: January, February, and March"
If you haven't followed the hashtags #WomenJusticeWeek and #WomenJusticeDay on Twitter, you really should. For this past week, Jack Metzler (@SCOTUSPlaces) and the other #AppellateTwitter denizens have been paying tribute to the distinguished women Justices of the Supreme Court and the approximately 125 women Justices of the State high courts. Included in that celebration are …
Continue reading "The Trailblazing Women Judges of the Court of Appeals"
The Court of Appeals is largely a certiorari court, meaning that you generally need permission to take a case there. You would think that because permission must be granted before the Court of Appeals can hear a case, it is usually the Court that grants permission to determine the cases it wants to hear. Â You …
Continue reading "The 2016-17 Appellate Division Leave Grants: October Through December"
There are multiple ways to take a case to the Court of Appeals. You can seek leave to appeal from the Court directly, which the Court grants fairly infrequently (I previewed the 2016-17 Court of Appeals term leave grants here: Part 1 - September through January Sessions, Part 2 - February and March Sessions, Part …
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. One month ago, the EEOC filed an amicus brief urging the Court to overrule its prior precedent in Simonton v Runyan, and …
For the first 9 sessions of the 2016-17 Court of Appeals term, the Court only granted leave to appeal in 17 civil cases---7 from the First Department, 6 from the Second Department, 3 from the Third Department, and 1 from the Fourth Department. The June Session and Decision Days slightly increased that lethargic grant pace, with …
Continue reading "The 2016-17 Court of Appeals Term Leave Grants: June Session and Decision Days"
The Family Medical Leave Act provides job protection for workers who need time off for a serious health condition or to care for family members who are suffering from a qualifying condition. Because of its broad protections, the FMLA has also engendered a substantial amount of litigation. The claims can take two different shapes: FMLA …
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"
New York Appeals 