NY Daily Record Since 1908

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: ...

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 ...

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: ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...