Home / Case Digests (page 30) /

Case Digests

Fourth Department – School liability: Charles J. v. City of Buffalo

New York State Supreme Court, Appellate Division, Fourth Judicial Department School liability Duty to supervise – Lack of actual or constructive knowledge – Sexual assaults Charles J. v. City of Buffalo CA 19-01660 Appealed from Supreme Court, Erie County Background: ...

Read More »

Second Circuit – Class certification: Liberian Community Association v. Lamont

United States Court of Appeals for the Second Circuit Class certification Speculative damages – Qualified immunity Liberian Community Association v. Lamont 17-1558 Judges Winter, Livingston, and Chin Background: The plaintiffs appealed from the denial of their motion for class certification ...

Read More »

Second Circuit – Comprehensive Environmental Response, Compensation, and Liability Act: MPM Silicones LLC v. Union Carbide Corp.

United States Court of Appeals for the Second Circuit Comprehensive Environmental Response, Compensation, and Liability Act Statute of limitations – Remedial actions – Future removal costs allocation MPM Silicones LLC v. Union Carbide Corp. 17-3468(L) Judges Jacobs and Leval Background: ...

Read More »

Fourth Department – Supplemental uninsured/underinsured motorist benefits: Gross v. Travelers Insurance

New York State Supreme Court, Appellate Division, Fourth Judicial Department Supplemental uninsured/underinsured motorist benefits Coverage triggered – Comparison test Gross v. Travelers Insurance CA 19-01797 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action to collect supplemental ...

Read More »

NYS Advisory Committee on Judicial Ethics – Part-time judge: Opinion 20-68

New York State Advisory Committee on Judicial Ethics Part-time judge Spouse’s employment – Public defender – Eligibility officer Opinion 20-68 Background: A town justice asks about his ethical duties involving the public defender’s office, once his non-attorney spouse begins working ...

Read More »

Second Circuit – Leave to amend: Metzler v. Chipotle, et al.

United States Court of Appeals for the Second Circuit Leave to amend Finality of judgments – Prejudice to defendants – Futility Metzler Investment GmbH and Construction Laborers Pension Trust of Greater St. Louis v. Chipotle Mexican Grill, et al. 18-3807-cv ...

Read More »

Second Circuit – Certificate of appealability: Lasher v. United States

United States Court of Appeals for the Second Circuit Certificate of appealability Final order – Appellate jurisdiction Lasher v. United States 20-221 Judges Park, Nardini, and Menashi Background: The pro se appellant moved for a certificate of appealability and for ...

Read More »

NYS Advisory Committee on Judicial Ethics – Part-time judge: Opinion 20-64

New York State Advisory Committee on Judicial Ethics Part-time judge Employment – College professor – Clerk Opinion 20-64 Background: The inquiring part-time lawyer judge asks if he may practice law before a non-lawyer judge in another town or village of ...

Read More »

Second Circuit – Income tax: Perkins v. Commissioner

United States Court of Appeals for the Second Circuit Income tax Exemptions – Income derived from Native American lands Perkins v. Commissioner 19-2481 Judges Sack, Wesley, and Livingston Background: The petitioners operate a company that sold gravel mined from land ...

Read More »

Second Circuit – Bankruptcy code: Lehman Brothers Special Financings Inc. v. Bank of America N.A.

United States Court of Appeals for the Second Circuit Bankruptcy code Debt obligations priority – Swap agreements – Ipso facto clauses Lehman Brothers Special Financings Inc. v. Bank of America N.A. 18-1079 Judges Jacobs, Carney, and Bianco Background: The plaintiff ...

Read More »

Second Circuit – Freedom of Information Act: Osen LLC v. United States Central Command

United States Court of Appeals for the Second Circuit Freedom of Information Act Official disclosure doctrine – Risk to national security Osen LLC v. United States Central Command 19-1577 Judges Wesley, Carney, and Menashi Background: The plaintiff commenced an action ...

Read More »

Fourth Department – Freedom of Information Law: Forsyth v. City of Rochester

New York State Supreme Court, Appellate Division, Fourth Judicial Department Freedom of Information Law Electronic video and records – Redaction – Costs Forsyth v. City of Rochester CA 19-01259 Appealed from Supreme Court, Monroe County Background: The petitioner commenced an ...

Read More »