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HTMLNew York Governor Fills Appellate Division Vacancies
Meghan M. Brown, Matthew S. Lerner; Goldberg Segalla LLP;
Legal Alert/Article
March 14, 2016, previously published on March 1, 2016
In a sweeping exercise of his authority, on Thursday, February 18, 2016, New York Governor Andrew Cuomo appointed 10 judges to fill vacancies in all four of the state’s Appellate Division departments of the Supreme Court. The governor has the authority to appoint justices to each Appellate...


HTMLThe Pursuit of the Trivial - Is This How the New York Court of Appeals Has Been Spending Its Time? Well, Yes (But With a Purpose)
Robert A. Faller; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
An issue of consistent significance in trip and fall cases involving walking surfaces is whether the mechanism of the fall—a hole, a protrusion, an uneven surface—constitutes a defect so trivial as to render the claim not actionable. The Court of Appeals, New York’s highest court,...


HTMLCan a Relator Amend or Supplement Her Complaint
Waters Kraus LLP;
Legal Alert/Article
February 18, 2016, previously published on December 28, 2015
Filing a complaint expeditiously for a whistleblower and her lawyer is a top priority for experienced qui tam attorneys. As we previously discussed in the article titled, Reporting Fraud by Filing a Qui Tam Case, timeliness is of the essence to meet the first to file rule. And if the...


HTMLNew York's Highest Court Has a New Associate Judge
Matthew S. Lerner, William T. O'Connell; Goldberg Segalla LLP;
Legal Alert/Article
February 17, 2016, previously published on February 10, 2016
On Monday, February 8, 2016, the New York State Senate confirmed Governor Andrew Cuomo’s nomination of U.S. attorney Michael Garcia to the New York Court of Appeals, the state’s highest court. The confirmation comes just weeks after the Senate confirmed Janet DiFiore as the...


HTMLAppellate Division of New Jersey Declines to Exercise Jurisdiction over Pip Reimbursement Action
Gina M. Zippilli; Capehart & Scatchard, P.A.;
Legal Alert/Article
December 30, 2015, previously published on December 11, 2015
The issue in Yoo v. Travelers of New Jersey, A-5810-13T2 (App. Div. November 17, 2015), is one we have seen before, namely whether the Appellate Court will entertain jurisdiction over reimbursement actions regarding personal injury protection (“PIP”) benefits. Yoo reaffirms the long...


Adobe PDFRecent Second Circuit Decision Teaches Trial Lawyers a Difficult Appellate Lesson: Following Trial Rules that Conflict with Rules of Appellate Procedure Can Cause Forfeiture of Appellate Rights
Bruce P. Merenstein; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
October 19, 2015, previously published on October 2015
Lawyers are taught to follow the rules, and that includes local rules of trial courts and individual judges. But a recent Second Circuit decision adds an important caveat to that lesson: beware of local rules that can lead to forfeiture of appellate rights. In Weitzner v. Cynosure, Inc., No....


Adobe PDFShould I Stay or Should I Go? The Third Circuit Explains How Courts Should Balance Clashing Stay Factors
Bruce P. Merenstein; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
October 14, 2015, previously published on October 2015
The United States Court of Appeals for the Third Circuit recently issued a rare opinion addressing the analysis courts should undertake when considering a request to stay a trial court judgment or order pending appeal.


HTMLBack to the Drawing Board: The Use of Ethnicity-Based Statistics to Determine Economic Loss in Tort Cases Held Unconstitutional
John J. Hare; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 13, 2015, previously published on August 12, 2015
In a significant ruling issued on July 30, 2015, U.S. Judge Jack B. Weinstein of the Eastern District of New York held that it is unconstitutional to use ethnicity-based statistics to calculate future economic loss in tort cases. This ruling will likely spawn similar rulings and arguments...


Adobe PDFSupreme Ghostbusters: Rhode Island Supreme Court Imposes Limitations on Ghostwriting.
Nicole J. Benjamin; Adler Pollock & Sheehan P.C.;
Legal Alert/Article
June 24, 2015, previously published on June 9, 2015
The Rhode Island Supreme Court “ain’t afraid of no ghost.”1 In a long-anticipated, unanimous decision, the Rhode Island Supreme Court held yesterday that an attorney may not ghostwrite or otherwise assist a pro se litigant with the preparation of pleadings, motions, or other...


Adobe PDFAre Federal Appellate Courts Growing Impatient with Procedural Errors? — Risks for Clients and Their Counsel
Bruce P. Merenstein, Carl A. Solano; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
June 2, 2015, previously published on May 2015
On May 7, 2015, the U.S. Court of Appeals for the Third Circuit affirmed a district court’s grant of partial summary judgment in a dispute about an indemnification agreement. That decision, Lehman Bros. Holdings, Inc. v. Gateway Funding Diversified Mortg. Servs., L.P., 2015 U.S. App. LEXIS...


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