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Tag Archives: Trials & Tribulations

Trials and Tribulations: Court of Appeals shifts its view in comparative negligence cases

In an April 3, 2018 Opinion written by Judge Feinman, with Judges Rivera, Fahey and Wilson concurring, the New York Court of Appeals determined an issue that had, in their words, “perplexed courts for some time.” Rodriguez v. City of ...

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Trials and Tribulations: Supreme Court denies certiorari in case challenging California gun laws, but not without a rare and critical dissent to the denial by Justice Thomas

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While it is not unusual for the U.S. Supreme Court to deny certiorari, it is unusual for a Justice to issue a written dissent to the denial of certiorari, as Justice Thomas did in the recent case of Silvester v. ...

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Trials and Tribulations: NLRB’s New Standard for Legality of Employer Handbook Policies

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On Dec. 14, 2017, the National Labor Relations Board (“NLRB” or “Board”) created a new test for evaluating whether an employer’s facially neutral policy, rule or handbook would interfere with an employee’s rights pursuant to the National Labor Relations Act ...

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Trials & Tribulations: What law firms can do about a decade of decline for legal services

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On June 14, from noon to 2 p.m., the Monroe County Bar Association will present a program entitled “The Economic Decline of the Legal Marketplace: What, If Anything, Can Lawyers and Law Firms Do About It?” This ominous title is ...

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Trials & Tribulations: Can Iron Man successfully fight off a copyright infringement action?

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We have all seen Iron Man duke it out on the big screen, but now his strength is being tested in court. In the recent case of Horizon Comics Productions, Inc. v. Marvel Entertainment, LLC, et al., pending in the ...

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Trials & Tribulations: Supreme Court gets the IDEA

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The Individuals with Disabilities Education Act, previously known as the Education for All Handicapped Children Act, is a four-part measure that offers federal funding to states in exchange for providing children with disabilities access to public education. Critical to the ...

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Trials & Tribulations: Court of Appeals upholds decision denying NYC qualified immunity

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On Dec. 22, the Court of Appeals upheld the trial court and Second Department, Appellate Division’s decisions, finding New York City liable in negligence for failing to adequately study and correct a documented speeding problem on a city street, which ...

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Trials & Tribulations: Will federal courts play role in marijuana legalization?

With the influx of states voting-in or enacting laws to legalize marijuana for medical and, in some cases, recreational use, it may appear that the legalization of marijuana on a national level is imminent. President Obama has also pardoned or ...

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Limiting legal process by proxy

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  In a decision issued just last week, a divided New York State Court of Appeals applied the age-old doctrine of champerty, barring litigation brought by plaintiff Justinian Capital SPC (“Justinian”).  Justinian Capital SPC v. WestLB AG, 2016 N.Y. Slip ...

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