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Stories and case digests on notable rulings and key issues, and how to navigate frequent problems, "warning stories" about what not to do
By Law Journal Editorial Board | March 1, 2024
In Sadeeshkumar v. Sadeeshkumar, the trial judge had denied the defendant's motion to assert a counterclaim for divorce for irreconcilable differences and denied defendant's motion for reconsideration as untimely.
5 minute read
By Alexander A. Salinas | March 1, 2024
How do you win a case after your client has already paid damages and attorney fees to the defendant? You make novel use of judicial estoppel. There was no clear precedent for our approach, and there is every reason now that another plaintiff—or a defendant—can also use it.
5 minute read
By Alex Anteau | February 29, 2024
"It would make no sense to call those damages impermissible," the court concluded. "The jury did exactly what the law allows it to do. Defendants merely disagree with the jury's 'determination of the facts'—something the Court cannot second-guess."
5 minute read
By Cassandre Coyer | February 29, 2024
Though principles of privilege and duty to preserve have long been considered pillars of e-discovery rules, new technologies are increasingly challenging how these principles get applied in the courtroom.
6 minute read
By Lisa Willis | February 29, 2024
Attorney Eric Mausner said 29 individuals were affected by the collision, with 13 requiring transportation to the hospital.
3 minute read
By Andrew Denney | February 28, 2024
Interest on the judgment is accruing at $114,553.04 for each day following Manhattan Supreme Court Arthur Engoron's ruling against Trump and other defendants. As of Feb. 25 the judgment amount had grown to about $465 million.
2 minute read
By Avalon Zoppo | February 28, 2024
Some appellate attorneys want the Fourth, Seventh and Federal circuits to join the other federal appeals courts in giving more than same-day notice of the judges who will hear their case.
7 minute read
By Patrick M. Connors | February 28, 2024
In the first of this two-part New York Practice column, Patrick M. Connors discusses how, effective Jan. 1, 2024, CPLR 2106 was substantially amended to allow any person to submit an affirmation in lieu of an affidavit, "with the same force and effect." This is one of the most significant changes to the CPLR in the 21st century and will impact many areas of practice.
11 minute read
By Alex Anteau | February 27, 2024
"There's no thornier issue than obviousness in patentability," said IP attorney Kevin Crosby.
5 minute read
By Patricia Kane | February 27, 2024
Reverse Mortgage Foreclosure—RPAPL 1501 Complaint Reinstated—Foreclosure Abuse Prevention Act (FAPA)—CPLR 213(4)(b)—Lender…
12 minute read
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