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7 Feb 2024, 6:37 pm by Stephen Bilkis
Similar to offenders convicted in New York, out-of-state offenders must undergo an assessment process to determine their risk level, which may involve evaluating factors such as the nature of the offense, the offender’s criminal history, and any other relevant circumstances. [read post]
7 Feb 2024, 4:00 am
[CPLR 213[2], [8]]Given they could find no error, the AD1 left the dismissal undisturbed.Time to run ….# # #DECISIONG&Y Maintenance Corp. v McSam Hotel Group LLC [read post]
6 Feb 2024, 4:00 am
DEFENDANTS HADN’T COMMITTED A TORTIOUS ACT “WITHIN THE STATE”Because the defendants’ fire doors exposed the decedent to asbestos, a personal-injury case was filed in the New York County Supreme Court.When the defendants’ motion to have the case dismissed for “lack of jurisdiction” was denied, an appeal ensued.And on its review of the record, the Appellate Division, First Department, thought the court below had committed reversible error,… [read post]
6 Feb 2024, 3:45 am
Goodyear, Acting Assistant Professor at New York University School of Law and Fellow at the Engelberg Center on Innovation Law Policy, provides an enlightening analysis of the impact of Matal v. [read post]
5 Feb 2024, 5:44 am by Unknown
Under New York law, no-action clauses are strictly construed and have been enforced in both state and federal courts. [read post]
5 Feb 2024, 5:05 am by Will Baude
Again, this is like saying that there would have been no reason for Congress to enact the First Amendment to the Constitution in 1789 because modern precedents such as New York Times v. [read post]
4 Feb 2024, 3:17 pm by Peter Mahler
As in most if not all states, New York’s statutes governing business entities sensibly permit various forms of capital contributions as consideration for equity interests. [read post]
3 Feb 2024, 2:04 pm by Will Baude
As the Supreme Court memorably put it in the case of West Virginia State Board of Education v. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
 Section 3 of the Fourteenth Amendment provides:No person [1] shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, [2] who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to… [read post]
In September 2023, Students for Fair Admissions (SFFA), the group that recently won the significant case of SFFA v. [read post]
2 Feb 2024, 9:30 pm by ernst
  (Infodocket) ICYMI, Trump v. [read post]
2 Feb 2024, 11:49 am by Class Action Defense
Reardon, Index No. 908146-23, in the Supreme Court of the State of New York (Albany County), a judge denied a motion to dismiss filed by the New York Department of Labor (NYDOL) … Continue reading "New York State Court Refuses To Dismiss Claims Alleging The NYDOL Closed Unpaid Wage Investigations Due To Improper Agency Rulemaking" [read post]