NY Daily Record Since 1908

The U.S. District Court for the Southern District of New York has approved the Federal Trade Commission’s request to use Facebook as an alternative means of effecting service of documents on consumer fraud defendants located in India. “History teaches that, ...

Tagged with: Facebook Federal Trade Commission

An employer could compel arbitration when sued by a former female employee for engaging in a continuing pattern or practice of sex discrimination, the U.S. Court of Appeals for the Second Circuit ruled in reversing judgment, Parisi v. Goldman, Sachs ...

Tagged with: Arbitration sex discrimination u.s. court of appeals for the second circuit

The federal government is not immune from tort liability for the alleged sexual assault of a prison inmate by correctional officers, the U.S. Supreme Court has ruled in a unanimous decision. The decision reversed a ruling from the 3rd U.S. ...

Tagged with: federal government

A seller suing for a buyer’s breach of a contract to sell real property was entitled to recover the difference between the contract price and the fair market value of the property at the time of the breach, the New ...

Tagged with: New York State Court of Appeals

A plaintiff could pursue a defamation claim based on an allegation that the defendant falsely attributed a disreputable quote to him, the Virginia Supreme Court has ruled in reversing a dismissal. The plaintiff and the defendant are construction contractors who ...

A federal court decided yesterday that an employer may have violated federal discrimination law for having the audacity to require an employee to show up for work on time. I guess next we’ll learn that it’s illegal to force an ...

Tagged with: federal court

An injured baseball fan usually has about as much chance of winning a negligence suit as my Cleveland Indians have of winning a World Series. But the Idaho Supreme Court just gave the go ahead to the personal injury action ...

Tagged with: Expert Opinion

A lawyer did not enjoy absolute immunity from liability for allegedly defamatory statements made during interviews of witnesses for a client’s case, the Florida Supreme Court has ruled in reversing judgment. The lawyer represented a client sued for defaming a ...

Tagged with: witnesses

A judge was not automatically required to recuse himself based on his prior consultation with an attorney who appeared as counsel in the case presently before him, the Florida Supreme Court’s judicial ethics committee has concluded in an advisory opinion. ...

Tagged with: recusal

A police officer may recover damages for emotional distress allegedly caused by the discovery of phlegm in a Whopper served at a Burger King restaurant, the Washington Supreme Court has ruled in answering a certified question from the 9th U.S. ...

Tagged with: damages police officer

Federal disability discrimination law may require a state agency to deviate from state law in order to accommodate a mentally ill individual’s claim for benefits, the U.S. Court of Appeals for the Second Circuit ruled in reversing a dismissal, Mary ...

Tagged with: ADA disability discrimination u.s. court of appeals for the second circuit

A health club may be liable for failing to render adequate emergency assistance to a member who collapsed from a heart attack, New York’s highest court has ruled in reversing a dismissal. The plaintiff’s father collapsed near the racquetball courts ...