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Recent Articles from Kimberly Atkins
Court: Do forum selection clauses trump fed rules?
Forum selection clauses are commonly used to control where disputes can be adjudicated, particularly those arising from business and consumer contracts. But when a party files suit in a court […]
In firearm case, justices weigh question of intent
Criminal attorneys are closely watching an upcoming U.S. Supreme Court case that could drastically affect the number of convictions and guilty pleas under one of the most commonly-charged federal crimes […]
EEOC puts new focus on severance agreements
For most employers, severance agreements are essential tools for ensuring that the end of an employment relationship does not lead to litigation. But a recent lawsuit brought by the Equal […]
After DOMA, legal issues remain
The U.S. Supreme Court ruling earlier this year striking down part of a statute barring the recognition of same-sex marriage under federal law has created confusion on the ground as […]
Cellphone search cases move closer to court
The U.S. Supreme Court may soon address an issue it has carefully avoided until now: Just how much privacy do Americans enjoy in the information contained within and emanating from […]
Issues remain despite NLRB confirmations
The Senate’s confirmation of all five nominees to the National Labor Relations Board may end some of the uncertainty that has loomed over the controversial agency for years. But it […]
Lawyers keep eyes on recess appointment ruling
WASHINGTON — The Senate confirmation of Richard Cordray as director of the Consumer Financial Protection Bureau and the forward motion on the nominations to the National Labor Relations Board could […]
FDA rule would give opening to generic drug plaintiffs
Following two U.S. Supreme Court decisions that shut the door on state-law failure-to-warn and design-defect claims over generic drugs, the Food and Drug Administration is taking steps that could ultimately […]
Generic drug preemption ruling a blow to plaintiffs
The U.S. Supreme Court’s decision barring state-law design-defect claims against generic drug makers that mirror failure-to-warn actions served a major setback to plaintiffs seeking damages for drug injuries. The decision […]
For right to remain silent, no bright line
The U.S. Supreme Court’s splintered ruling allowing a witness’ pre-arrest silence to be introduced at trial — its latest decision carving out more of the contours of defendants’ well-known right […]
First Amendment battle on Supreme Court steps – literally
Days after a district court struck down a federal law barring speeches, protests and other demonstrations on U.S. Supreme Court property, the court has made a move of its own […]
For class arbitration, consent is in eye of the arbitrator
Ever since the U.S. Supreme Court cast a critical eye on classwide arbitration proceedings, holding in 2010 that the Federal Arbitration Act only authorizes class arbitration in cases in which […]
Case Digests
- Second Circuit – Long-arm jurisdiction: Northwell Health Inc. v. Group Hospitalization and Medical Services Inc.
- Fourth Department – Motor vehicle accident: Thurston v. Howard
- Western District Case Notes
- Fourth Department – Disclosure: People v. Smith
- Second Circuit – Petition for bail: Fulton v. Mullin
- Fourth Department – Breach of lease agreement: Three Buds, LLC v. NCTBP Calabrese LLC
- Second Circuit – Expert testimony: Rutledge v. Walgreen Co.; Phippen v. Walgreen Co.
- Second Circuit – Congestion pricing: County of Rockland v. Triborough Bridge & Tunnel Auth.
- Fourth Department – Apartment search: People v. Shaw
- Fourth Department – Vicarious liability: Sarah R. v. Crouse Health Hospital
- Fourth Department – Waiver of indictment: People v. Schindler
Law News
- New trial granted for defendant unhappy with their attorney
- NY appellate court reinstates medical malpractice case
- NY appeals court reinstates slip-and-fall lawsuit
- Charter Communications must pay penalty for retaliation against employee
- Webster resident named to lead national court reporter group
- NY appeals court affirms rape conviction, rejects speedy trial claim
- Telesca Center for Justice gets $90,000 in state funding
- Trevett Cristo P.C. celebrates 100th anniversary