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Court of Appeals – Sexual Assault Reform Act: People v. Superintendent, Livingston County Correctional Facility, et al.
New York State Court of Appeals Sexual Assault Reform Act Mandatory restriction – Youthful offenders People v. Superintendent, Livingston County Correctional Facility, et al. No. 46 Judges Halligan Background: At issue on appeal is whether Sexual Assault Reform Act’s mandatory restriction prohibiting a person who is serving a sentence for an enumerated offense against a […]
Court of Appeals – Sex offender residency: People v. Superintendent, Woodbourne Correctional Facility, et al.
New York State Court of Appeals Sex offender residency Sexual Assault Reform Act – School grounds condition – Constitutionality People v. Superintendent, Woodbourne Correctional Facility, et al. No. 47 Judge Singas Background: At issue is whether the Sexual Assault Reform Act’s school grounds condition violates the Ex Post Facto Clause of the United States Constitution […]
Court of Appeals – Sex Offender Registration Act: People v. Worley
New York State Court of Appeals Sex Offender Registration Act Due process – Upward departure – Notice People v. Worley No. 49 Judge Rivera Background: The defendant pleaded guilty of rape and endangering the welfare of a child. He was deemed a level three risk pursuant to the Sex Offender Registration Act. He was assessed […]
Court of Appeals – Sex Offender Registration Act: People v. Weber
New York State Court of Appeals Sex Offender Registration Act Remittal – Request for upward departure People v. Weber No. 50 Judge Halligan Background: The Appellate Division reversed a court order designating the defendant a level three sex offender based on his risk factor point assessment and remitted the matter for consideration of whether an […]
Court of Appeals – Mortgage-backed securities legislation: IKB International, S.A., et al. v. Wells Fargo Bank, N.A., et al.
New York State Court of Appeals Mortgage-backed securities legislation Fiduciary duty of trustee – Enforcing repurchase protocol IKB International, S.A., et al. v. Wells Fargo Bank, N.A., et al. No. 51 Judge Garcia Background: The plaintiffs are investors in residential mortgage-backed securities issued by securitization trusts for which the defendants served as trustees. The plaintiffs [&hellip[...]
Court of Appeals – Sex Offender Registration Act: People v. Anthony
New York State Court of Appeals Sex Offender Registration Act Mitigation – Downward Departure People v. Anthony No. 72 SSM 3 Memorandum Background: The defendant appealed a determination that he is a presumptive level three sexually violent offender for purposes of the Sex Offender Registration Act. On appeal, he argues that he did not present […]
Court of Appeals – Defamation: Gottwald, et al. v. Sebert, et al.
New York State Court of Appeals Defamation Limited public figure and privileged statements Gottwald, et al. v. Sebert, et al. Nos. 32 & 33 Judge Garcia Background: In response to the defendant, filing an action in California, alleging that the plaintiff raped her shortly after she signed a record deal with him, the plaintiff brought […]
Court of Appeals – Search and seizure: Owner Operator Independent Drivers Assoc., et al. v. state Department of Transportation, et al.
New York State Court of Appeals Search and seizure Electronic logging devices – Commercial vehicles Owner Operator Independent Drivers Assoc., et al. v. state Department of Transportation, et al. No. 45 Judge Troutman Background: The appellants challenge the constitutionality of New York regulations adopting a rule promulgated by the Federal Motor Carrier Safety Administration requiring [&hellip[...]
Court of Appeals – Sufficiency of pleading: The Moore Charitable Foundation, et al. v. PJT Partners Inc., et al.
New York State Court of Appeals Sufficiency of pleading Negligent supervision and retention – Fraud and notice The Moore Charitable Foundation, et al. v. PJT Partners Inc., et al. No. 52 Judge Cannataro Background: At issue on appeal is the sufficiency of a cause of action pleaded against an investment bank for its negligent supervision […]
Court of Appeals – Effective assistance of counsel: People v. Bradford
New York State Court of Appeals Effective assistance of counsel Stun belt at trial People v. Bradford No. 73 Memorandum Background: Sheriff’s officials required the defendant to wear a stun belt at his trial and neither the people, nor the trial court, were aware of that fact. Ruling: The Court of Appeals reversed and remitted […]
Court of Appeals – Landlord negligence: Scurry, et al. v. NYC Housing Authority; Estate of Tayshana Murphy v. NYC Housing Authority, et al.
New York State Court of Appeals Landlord negligence Assault – Targeted attack – Proximate cause Scurry, et al. v. NYC Housing Authority; Estate of Tayshana Murphy v. NYC Housing Authority, et al. Nos. 36-7 Judge Wilson Background: The two appeals arose from two assaults, the assailants of which were intruders who entered their buildings through […]
Court of Appeals – Right to public trial: People v. Muhammad
New York State Court of Appeals Right to public trial General policy – Enforcement People v. Muhammad No. 42 Judge Rivera Background: The judge delegated to court officers the implementation of the judge’s general policy of prohibiting the public from entering or exiting the courtroom while a witness testifies. The defendant had appealed on the […]
Case Digests
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
- Fourth Department – Labor Law: Verdugo v. Fox Building Group
- Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
- Fourth Department – Discovery: Sylvester v. Sanders
Law News
- Espinosa named general counsel at Greenlight Networks
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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