In a decision issued just last week, a divided New York State Court of Appeals applied the age-old doctrine of champerty, barring litigation brought by plaintiff Justinian Capital SPC (“Justinian”). Justinian Capital SPC v. WestLB AG, 2016 N.Y. Slip ...
Tagged with: Sarah Snyder Merkel Trials & Tribulations
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On a cold January morning in 1959, seven non-union employees walked out of a Baltimore machine shop. The unheated shop was so cold, one employee claimed that an icicle had formed on the spot welder that he was operating. (“High ...
Tagged with: Sarah Snyder Merkel Trials & Tribulations
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On June 1, the U.S. Supreme Court determined that a prospective employer violates Title VII’s prohibition against religious discrimination if the employer fails to hire an applicant because it seeks to avoid accommodating a religious practice, even if the employer ...
Read More »Last week the Court of Appeals issued a decision that ended more than 30 years of contentious and prolific litigation surrounding the estate of Sylvan Lawrence, In re Lawrence, 2014 NY Slip. Op. 07291 (Oct. 28). The last decade of ...
Tagged with: Sarah Snyder Merkel Trials and Tribulations
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The extent to which an employer must engage in the “interactive process” with an employee who alleges a disability and requests a reasonable accommodation under the Americans with Disabilities Act has been the topic of numerous federal court decisions. Until ...
Tagged with: Sarah Snyder Merkel Trials & Tribulations
Read More »From alleged NSA email access to Google’s recent defense of the purported data-mining of emails sent and received through its email services, third-party access to electronic communications has been the subject of recent media reports, discussion and litigation. Moreover, devices ...
Tagged with: Sarah Snyder Merkel Trials & Tribulations
Read More »Most depositions include an inquiry into what documents the witness has reviewed in preparation for her testimony. Yet this ubiquitous question can prove problematic, especially if the witness has reviewed privileged material. Likewise, the very compilation of documents for witness ...
Tagged with: Sarah Snyder Merkel Trials & Tribulations
Read More »Even the “greenest” attorneys are often left with mountains of paper following the conclusion of a matter. Electronic communications compound the problem, as attorneys struggle with what to print or store. With new matters looming on the horizon, preparing and ...
Tagged with: Sarah Snyder Merkel Trials & Tribulations
Read More »Secretly recorded conversations have been the fodder of salacious news stories for decades. Just this week, a recording involving the wife of former Syracuse coach Bernie Fine made headlines. It should not be surprising that surreptitious recordings often surface in ...
Tagged with: Trials & Tribulations
Read More »In a decision issued last week, the Sixth Circuit Court of Appeals won the race to release the first appellate-level decision regarding the constitutionality of the Patient Protection and Affordable Care Act. In Thomas More Law Center v. Obama, the court determined that the hotly-debated minimum coverage provision ...
Tagged with: Trials & Tribulations
Read More »New regulations promulgated by the Equal Employment Opportunity Commission, interpreting the Genetic Information Nondiscrimination Act go into effect on Jan. 10. These regulations provide additional guidance on the interpretation of Title II of GINA ...
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Read More »Springtime brings warmer weather and, of course, the deadline to file real property tax grievances. Now is an opportune time to review a few of the basics of litigating tax certiorari proceedings ...
Tagged with: Expert Opinion Trials and Tribulations
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