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Advocate’s View: Removing cases when the amount in controversy is unclear
Rather than specify a dollar amount, state court plaintiffs may plead damages “in an amount to be determined at trial” or “in excess of the jurisdictional limits of all lower […]
Advocate’s View: General jurisdiction and the search for an exceptional case
If a defendant is subject to general jurisdiction in New York, it may be sued in New York regardless of whether the plaintiff’s claims have anything to do with the […]
Advocate’s View: Restrictive covenants and employee manuals can make a bad combination
I have recently observed a trend in employment litigation: employers attempting to enforce covenants not to compete or solicit clients (“restrictive covenants”) that are contained in employee manuals, as opposed […]
Advocate’s View: Removing to federal court: a deadline you can’t miss
When I last wrote about unmissable deadlines, I described CPLR and NYCRR provisions setting deadlines that normally can’t be forgiven. If you’re defending a state court action, there’s another deadline […]
Advocate’s View: Authenticating evidence in federal and state courts
Trials are clashes of ideas and attitudes. Attorneys condense complex theories into characterizations and themes. Jurors consider what witnesses do on the stand in addition to what they say. But […]
Advocate’s View: Additional quirks of practicing in New York
In the last Advocate’s View article, my colleague Stacey Trien offered her perspective as an experienced Florida litigator who recently began practicing in New York. This article continues Ms. Trien’s […]
Advocate’s View: Biotronik v. Conor: Lost clarity on lost profits
The Court of Appeals’ 4-3 decision in Biotronik A.G. v. Conor Medsystems Ireland, Ltd., 22 N.Y.3d 799 (Mar. 27, 2014), raises new questions about pursuing lost profits in a breach […]
Advocate’s View: Employers’ ‘legitimate interests’ 15-years post-‘BDO Seidman’
BDO Seidman v. Hirshberg remains the leading New York authority on enforcing post-employment restrictive covenants — contracts that prevent an employee from competing with his employer after leaving his job, […]
Advocate’s View: COA gives meaning to ‘control’ in document discovery
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 […]
Advocate’s View: Shifting the costs of document discovery
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 […]
Advocate’s View: State courts require production of e-document metadata
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 […]
Case Digests
- Court of Appeals – Sex Offender Registration Act: People v. Townsend
- Fourth Department – Action for attorney’s fees: Broadway Warehouse Co. v. Buffalo Barn Board LLC
- Second Circuit – Civil forfeiture: United States v. The M/Y Amadea, a Motor Yacht
- Second Circuit – Misdemeanor crime of domestic violence: United States v. Simmons
- Court of Appeals – Sentencing: People v. Flesch
- Court of Appeals – Sex Offender Registration Act: People v. Carnegie; People v. Dockery
- Second Circuit – Products liability: Colwell v. Sig Sauer Inc.
- Second Circuit – Securities Exchange Act: Smith v. The Gap Inc.
- Court of Appeals – Vicarious liability: Mann v. Mezuyon LLC
- Fourth Department – Election Law: Torres v. Zellner
- Second Circuit – Bankruptcy proceedings: Ryniker v. Sumec Textile Co.
Law News
- Hochul calls for investigation of accusations against former judge
- Onondaga County attorney disbarred after federal convictions
- Weapon conviction reversed due to illegal police search
- Attorneys presented with Dillon Awards for child advocacy
- NY appeals court upholds tax exempt status for human service agency
- Convictions reversed over illegal NY State Police search
- President’s message: A view from the 18th tee or the 4th green
- NY judge rejects motion to collect on Iowa court judgment
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