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23 Feb 2024, 6:00 am by Public Employment Law Press
Even if the alleged misconduct was ministerial and not discretionary in nature, [Claimant] has failed to show a special duty (see id. at 199, 202-203; Hephzibah v City of New York, 124 AD3d 442, 443 [1st Dept 2015], lv denied 26 NY3d 903 [2015]). [read post]
23 Feb 2024, 6:00 am by Public Employment Law Press
Even if the alleged misconduct was ministerial and not discretionary in nature, [Claimant] has failed to show a special duty (see id. at 199, 202-203; Hephzibah v City of New York, 124 AD3d 442, 443 [1st Dept 2015], lv denied 26 NY3d 903 [2015]). [read post]
9 Jul 2017, 5:14 pm by Kevin LaCroix
  On February 2, 2016, Southern District of New York Jed Rakoff granted the plaintiffs’ motion to certify two classes. [read post]
13 Oct 2011, 10:24 pm by Walter Olson
HHS doesn’t think you’re sophisticated enough to handle that freedom [Stewart Baker] Uh-oh: some New York lawmakers want “a more refined First Amendment” [Slashdot, Lucy Steigerwald] Wal-Mart v. [read post]
28 Dec 2012, 9:30 am by rhall@initiativelegal.com
In so ruling, New York’s Southern District rejected the application of Dukes v. [read post]
1 Mar 2012, 3:30 am
Cardarelli, 527 F.3d 25, 26 (2d Cir. 2008), where it construed CAFA exceptions for securities-linked suits but declined to apply them where an action brought under New York's consumer fraud statute involving marketing debt securities. [read post]
7 Nov 2013, 10:06 am by Amy Howe
Galloway, the challenge to a New York town’s practice of having a prayer at the beginning of its town council meetings. [read post]
5 Feb 2010, 1:17 am
COURT OF APPEALS, SECOND CIRCUITAttorney's Fees Free With Registration: Panel Declines to Overturn Cap on Attorneys' Fees in Class Action Suit NEW YORK COUNTYCivil Practice New Jersey's Comparative Negligence Statute Declared Applicable in Personal Injury Action Berkowitz v. [read post]
16 Sep 2008, 1:18 pm
In a new case, targeting students at the State University of New York's Albany, New York, campus, two "John Doe" students -- one of them named twice as different John Does -- have joined together, hired an attorney, and made a motion to quash the RIAA's subpoena seeking their, and other students', identities, in Arista Records v. [read post]
21 Jan 2010, 4:25 pm by Lisa Kennelly
The Cost of Complex Litigation: Preliminary Rhetoric for the Motion to Dismiss – from class action attorney Andrew Trask of McGuireWoods on his blog, Class Action Countermeasures A Trap for the Unwary: "Professional" Duties and the Professional Exemption – from New York employment attorney Joseph Dole of Bond, Schoeneck & King on the firm’s New York Labor & Employment Law Report [read post]
29 Apr 2019, 3:46 am by Edith Roberts
Briefly: Adam Liptak visits The New York Times’ podcast The Daily to talk about Department of Commerce v. [read post]
4 Nov 2021, 10:00 am by Jessica R. Corpuz
Apple is facing a new class-action lawsuit in the Western District of New York alleging that its use of the “buy” button is “false and misleading. [read post]
18 Apr 2016, 6:29 am by Jordan M. Rand
  In Sony, a New York City trial court held that CGL carriers had no duty to defend a data breach class action, a ruling many saw as a sign that the days of finding data breach coverage in CGL policies was coming to an end. [read post]