Document(s) published by this organization: 66
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|Extension of Time to Appeal May Not Be Available When a Party Has Failed Adequately to Monitor Events in a Case|
Monica C. Platt, Carl A. Solano; Schnader Harrison Segal & Lewis LLP;
March 11, 2014, previously published on March 6, 2014Failure to monitor the docket and read all orders entered can cause parties to lose the right to appeal and have costly ramifications for a client, as the recent Two-Way Media v. AT&T case in the Western District of Texas demonstrates. This Alert provides guidance on when a litigant may have a duty...
|Action Needed by March 31, 2014 to Avoid Proposed Changes to New York Estate Taxes and Trust Income Taxes|
Barbara E. Little; Schnader Harrison Segal & Lewis LLP;
March 7, 2014, previously published on March 3, 2014If Governor Cuomo’s proposals are enacted, New Yorkers and non-residents with property located in New York may be facing new taxes this April Fools’ Day.
|Supreme Court Confirms That Merits Decisions Are Final and Appealable Even When Contractual Fees Remain Unresolved|
Bruce P. Merenstein, Monica C. Platt, Christopher A. Reese; Schnader Harrison Segal & Lewis LLP;
February 5, 2014, previously published on January 2014The U.S. Supreme Court has provided much-needed clarity and uniformity on the issue of whether contractual attorney’s fees are a part of a merits decision for the purposes of determining timeliness of a federal appeal. Ray Haluch Gravel Co. v. Central Pension Fund of International Union of...
|You Like 'To-May-Toe,' I Like 'To-Mah-Toe' -- Distinctions Without a Material Difference: Supreme Court Reverses Lower Court Rejection of ATSA Immunity|
Barry S. Alexander, Jonathan M. Stern; Schnader Harrison Segal & Lewis LLP;
February 5, 2014, previously published on January 2014The events of September 11 were by no means the first examples of terrorism involving aviation, but they unified the U.S., if not the world, in its effort to make air travel safer. It was in the wake of 9/11 that Congress enacted the Aviation and Transportation Security Act (ATSA), pursuant to...
|US Department of Education Levies More Fines for Clery Act Violations|
Rebecca Lacher, Pedro A. Ramos; Schnader Harrison Segal & Lewis LLP;
February 5, 2014, previously published on January 2014President Obama recently called attention to the issue of sexual violence on college campuses, stating that “more needs to be done to ensure safe, secure environments for students” and that “we must strengthen and address compliance issues.” The newly established White House...
|President Obama Launches Task Force on Campus Sexual Assaults|
Rebecca Lacher; Schnader Harrison Segal & Lewis LLP;
January 31, 2014, previously published on January 2014On January 22, 2014, President Obama announced the creation of a Task Force to Protect Students From Sexual Assault. The Task Force was announced in conjunction with the release of a report on rape and sexual assault from the White House Council on Women and Girls.
|Give Me Your Tired, Your Poor, Your Huddled Masses ... But Not Your Plaintiffs: Supreme Court Decision Limits General Personal Jurisdiction Over Foreign Defendants|
Barry S. Alexander, Peter Colonna-Romano; Schnader Harrison Segal & Lewis LLP;
January 31, 2014, previously published on January 2014It is no secret that U.S. courts are among the most favorable to plaintiffs, especially with regard to damages awards. For this reason, there has been a growing trend of foreign plaintiffs bringing lawsuits in the U.S. even where neither the plaintiff(s) nor the incident causing injury has any real...
|New York's Highest Court Does Not Recognize Claims for Medical Monitoring - For Now: Using "Phobia" Claims as a Backdoor to "Medical Monitoring?"|
Allison N. Fihma, Carl J. Schaerf; Schnader Harrison Segal & Lewis LLP;
January 3, 2014, previously published on December 2013In Caronia v. Philip Morris USA, Inc., 2013 N.Y. LEXIS 3476, 2013 N.Y. Slip. Op. 8372 (December 17, 2013), the New York Court of Appeals, in a 4-2 decision with sharp and barbed contrasts between majority and dissent, ruled that New York does not recognize an independent medical monitoring cause of...
|Nonprofit Law Revitalization Comes to New York|
Sarah Hewitt; Schnader Harrison Segal & Lewis LLP;
January 3, 2014, previously published on December 2013On December 18, 2013, New York Governor Andrew Cuomo signed into law the Nonprofit Revitalization Act of 2013 which modernizes the New York nonprofit corporation law. The Act overwhelmingly passed both houses of the New York State Legislature on June 21, 2013, almost six months prior to the...
|Third Circuit Enforces Strict Deadline to Petition for Permission to Appeal Class Certification Ruling|
Arlene Fickler, Scott T. Miccio; Schnader Harrison Segal & Lewis LLP;
December 13, 2013, previously published on December 2013Rule 23(f) of the Federal Rules of Civil Procedure allows a party to petition for permission to appeal a class certification decision within 14 days after entry of an order denying or granting class certification. In Eastman v. First Data Corp., 2013 U.S. App. LEXIS 24106 (Dec. 4, 2013), the Third...