All Articles tagged Litigation

• New York Appeals
  September 13, 2019 EDT
  CHOICE OF WHAT? THE NEW YORK COURT OF APPEALS DEFINES THE PARAMETERS OF CHOICE-OF-LAW CLAUSES IN MULTIJURISDICTIONAL CASES
  Patricia Youngblood Reyhan

  This article examines the current state of NY’s status as a center for the litigation of multijurisdictional commercial disputes and the NY Court of Appeals’ recent jurisprudence regarding that status.

• General
  February 28, 2019 EDT
  BOOK REVIEW: BUSINESS AND COMMERCIAL LITIGATION IN FEDERAL COURTS, FOURTH EDITION (ROBERT L. HAIG, EDITOR-IN-CHIEF)
  Randolph F. Treece

  Book review of the treatise Business and Commercial Litigation in Federal Courts.

• New York Appeals
  October 12, 2018 EDT
  JUDGE ROWAN D. WILSON: AN ADVOCATE ON THE COURT OF APPEALS
  Sarah A. Besson

  Although Judge Wilson brings commercial litigation experience to the bench, we can expect that his most significant contributions will likely be advocating for reform in the criminal justice system.

• General
  January 01, 2018 EDT
  LAW PROFESSORS AS PLAINTIFFS
  Robert M. Jarvis

  This article systematically examines lawsuits brought by law professors.

• General
  March 16, 2017 EDT
  WHY DAIMLER ACCOMMODATES PERSONAL JURISDICTION IN MASS TORT LITIGATIONS
  Alani Golanski

  When she authored the majority opinion in Daimler AG v. Bauman, did Justice Ruth Bader Ginsburg intend to fracture mass tort litigations that involve numerous out-of-state defendants and plaintiffs?

• Justice Commentaries
  June 11, 2013 EDT
  A SURVEY OF FEDERAL AND STATE COURTS‘ APPROACHES TO A CONSTITUTIONAL RIGHT OF ACTUAL INNOCENCE: IS THERE A NEED FOR A STATE CONSTITUTIONAL RIGHT IN NEW YORK IN THE AFTERMATH OF CPL § 440.10(G-1)?
  John M. Leventhal

  This article considers whether there is still a need for a freestanding state constitutional claim of actual innocence in light of a recent amendment to the New York State Criminal...

• General
  January 01, 2013 EDT
  BOOK REVIEW: BUSINESS AND COMMERCIAL LITIGATION IN FEDERAL COURTS, THIRD EDITION (ROBERT L. HAIG, EDITOR-IN-CHIEF)
  Randolph F. Treece

  Book review of Business and Commercial Litigation in Federal Courts.

• General
  January 01, 2012 EDT
  REVOKING THE IRREVOCABLE BUYOUT: ALIGNING EQUITY WITH DUE DILIGENCE IN CORPORATE DISSOLUTION
  Matthew C. Lucas

  This article explores a proposed method to hone the broad conception of equity the buyout election statutory provisions utilize into something more manageable.

• General
  January 01, 2012 EDT
  BOOK REVIEW: COMMERCIAL LITIGATION IN NEW YORK STATE COURTS, THIRD EDITION (ROBERT L. HAIG, EDITOR-IN-CHIEF)
  Richard Platkin

  Book review of the Third Edition of the treatise Commercial Litigation in New York State Courts.

• New York Appeals
  March 03, 2011 EDT
  A PREVAILING PARTY CAN STILL BE A “SORE” WINNER ON APPEAL UNDER CPLR 5501(A)(1); RAISING ALTERNATIVE ARGUMENTS THAT NECESSARILY AFFECT THE FINAL JUDGEMENT TO ENSURE WINNING ON APPEAL
  Joseph F. Castiglione

  This article discusses the necessary "aggrievement" to be entitled to raise issues on appeal and the circumstances in which a prevailing party can assert errors that "necessarily affect" the judgment.

• New York Appeals
  March 03, 2011 EDT
  RECENT INTERPRETATIONS OF THE CPLR BY NEW YORK APPELLATE COURTS
  Barbara D. GoldbergRichard J. Montes

  This article is a review of many of the cases from 2009 and 2010 that invovled interpreting the CPLR.

• New York Appeals
  March 03, 2011 EDT
  WHAT DO GRAPES AND FEDERAL LAWSUITS HAVEIN COMMON? BOTH MUST BE RIPE
  William Maker Jr.

  This article conisders the issues with federal courts considering land use disputes on constitutional grounds rather than state law.

• New York Appeals
  May 05, 2010 EDT
  LINE IN THE SAND: PROGRESSIVE LAWYERING, “MASTER COMMUNITIES,” AND A BATTLE FOR AFFORDABLE HOUSING IN NEW YORK CITY
  Raymond H. Brescia

  This article provides the context for the landlords’ campaign to deregulate Stuyvesant Town and Peter Cooper Village.

• General
  March 03, 2010 EDT
  RAND INSTITUTE FOR CIVIL JUSTICE REPORT ON THE ABUSE OF MEDICAL DIAGNOSTIC PRACTICES IN MASS TORT LITIGATION: LESSONS LEARNED FROM THE “PHANTOM” SILICA EPIDEMIC THAT MAY DETER LITIGATION SCREENING ABUSE
  Mark A. BehrensCorey Schaecher

  This review describes a report that carefully examines certain MDL 1553 litigation to identify lessons about the civil justice system’s ability to address abusive medical diagnostic practices.

• General
  January 08, 2009 EDT
  NUREMBERG’S LEGACY CONTINUES: THE NUREMBERG TRIALS’ INFLUENCE ON HUMAN RIGHTS LITIGATION IN U.S. COURTS UNDER THE ALIEN TORT STATUTE
  Gwynne Skinner

  This article traces the Nuremberg trials' influence on human rights litigation in the U.S. under the Alien Tort Statute.

• General
  January 01, 2009 EDT
  THE ADAPTIVE AMERICAN JUDICIARY: FROM CLASSICAL ADJUDICATION TO CLASS ACTION LITIGATION
  Chris H. Miller

  This article provides a historical framework for evaluating developments in the American legal system and demonstrates its remarkable versatility in resolving persisting issues.