For the litigating attorney, there are many piece parts to keep track of in preparing for trial, but one to include in an attorney’s check-list for state court trial preparation is the obligation of CPLR 3116. A litigator must contend ...
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Read More »CPLR Article 31 governs the production of documents in a person’s “possession, custody or control,” CPLR 3111 (production of materials at deposition); CPLR 3120(1)(i) (production in response to a notice to produce or subpoena duces tecum). A person responding to ...
Tagged with: Advocate's View Jeremy M. Sher
Read More »No longer is mediation the new strategy on the block; however it continues to be discussed and, in some cases debunked by litigants and their counsel. One might ask, “What reasons underlie the negative reactions to mediation?” In my experience, ...
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Read More »The New York Court of Appeals’ 2011 decision in Bessemer Trust Co. NA v. Branin provided concrete guidance on the extent to which conduct could be considered “solicitation” of former customers in the context of the sale of a business. ...
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A recently decided U.S. Supreme Court case, The Standard Fire Insurance Company v. Knowles, provides an opportunity to revisit the principles of federal diversity jurisdiction, particularly the amount in controversy requirement. While the Standard Fire case was a class action, ...
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Read More »The costs of collecting, reviewing and producing documents in response to document requests or subpoenas can be significant. In some circumstances, a court may require the party requesting the documents to pay some of these costs. The availability of cost-shifting ...
Tagged with: Advocate's View Jeremy M. Sher
Read More »CPLR 3101 requires the “full disclosure of all matter material and necessary in the prosecution or defense of an action.” Standard discovery demands almost always include a demand for the identification of witnesses and disclosure of the witnesses’ address or ...
Tagged with: Advocate's View Laurie A. Giordano
Read More »On Dec. 26, 2012, the Appellate Division, Second Department issued a decision holding that New York General Obligations Law (NY GOL) §5-335, insofar as it applied to Medicare Advantage Organizations (MAOs), was preempted by federal law since it would constrain ...
Tagged with: Advocate's View Laurie A. Giordano
Read More »All Registered Investment Advisors are supervised by the Securities and Exchange Commission. However, many RIAs have little connection to the Financial Industry Regulatory Authority. Unless an advisory firm is dual-registered (as an investment advisor with the SEC and as a ...
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Read More »A recent decision from the Appellate Division, Fourth Department, provides guidance to practitioners navigating the issue of discovery of social media accounts and postings. This issue arises with increasing frequency, especially in personal injury cases, and both sides must assess ...
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Read More »The Onondaga County Resource Recovery Agency (OCRRA) sent subscribers an email newsletter containing a photograph of a man dumping leaves at a compost site. This innocuous act led to a Fourth Department decision, Irwin v. OCRRA, 72 AD3d 314 (2010), ...
Tagged with: Advocate's View Jeremy M. Sher
Read More »Unjust enrichment claims are frequently asserted in actions involving disputed contracts. This strategy evolved in response to the long-standing legal principle that a party to a contract cannot obtain recovery for unjust enrichment unless the contract is unenforceable. In cases ...
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