All Articles tagged appellate courts

• New York Appeals
  March 03, 2013 EDT
  RE-EXAMINING NEW YORK‘S LAW OF PERSONAL JURISDICTION AFTER GOODYEAR DUNLOP TIRES OPERATIONS, S.A. V. BROWNAND J. MCINTYRE MACHINERY, LTD. V. NICASTRO
  Oscar G. ChaseLori Brooke Day

  After the Supreme Court's decisions in McIntyre and Nicastro, when faced with conflicting rulings on personal jurisdiction, the New York courts should follow Court of Appeals precedent.

• New York Appeals
  March 03, 2013 EDT
  NEW YORK‘S APPELLATE COURTS WRESTLE WITH SIGNIFICANT ISSUES IN INTERNET DEFAMATION CASES
  Alan J. Pierce

  This article examines how New York state appellate courts have applied internet-defamation principles after the Court of Appeals rulings in Lunney v. Prodigy Services Co., and Firth v. State.

• New York Appeals
  March 03, 2013 EDT
  UNSETTLED TIMES MAKEWELL-SETTLED LAW: RECENT DEVELOPMENTS IN NEW YORK STATE‘S RESIDENTIAL MORTGAGE FORECLOSURE STATUTES AND CASE LAW
  Mark C. Dillon

  This article summarizes the state of residential foreclosure law in New York, focusing on the homeowner protection statutes passed after the 2008 housing crisis.

• New York Appeals
  March 03, 2013 EDT
  FOREWARNED: SPORTS, TORTS, AND NEW YORK‘S DANGEROUS ASSUMPTION
  Benjamin P. Pomerance

  For decades New York state courts in torts cases have blanketly applied the assumption of risk doctrine and barred recovery rather than taking a more equitable approach under comparative negligence.