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 ...

Tagged with: Mary E. Shepard Trials & Tribulations

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. ...

Tagged with: Trials & Tribulations Victoria Gleason

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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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 ...

Tagged with: Legal Services MCBA Michael R. Wolford Trials & Tribulations

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 ...

Tagged with: copyright infringement Trials & Tribulations Victoria Gleason

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 ...

Tagged with: Individuals with Disabilities Education Act Michael J. Adams Supreme Court Trials & Tribulations

As attorneys we are likely the most familiar with what many consider the fundamental rights of the criminally accused. Those rights include, for example, the right to a speedy trial in front of a jury of your peers and the ...

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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 ...

Tagged with: new york city New York Court of Appeals qualified immunity Trials & Tribulations

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 ...

Tagged with: marijuana medical marijuana Trials & Tribulations

On Oct. 28, 2016, the U.S. Supreme Court granted the application of the Gloucester County School board in Virginia to hear the case involving the school board’s attempt to block a transgender student from using the boy’s high school bathroom. ...

Tagged with: Michael R. Wolford Trials & Tribulations

  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 ...

Tagged with: Sarah Snyder Merkel Trials & Tribulations

  As litigators, it is always important to be aware of the applicable statutes of limitations. It is also important to know when the clock starts to run on a claim and equally as important to know when that clock ...

Tagged with: Michael J. Adams Trials & Tribulations