All Articles tagged judgment

• General
  May 01, 2017 EDT
  ANOTHER LOOK AT SKELLY OIL AND FRANCHISE TAX BOARD
  Paul E. Salamanca

  If a state brings an action for declaratory relief under its own laws, the defendant sitting on a coercive action may not remove the case to federal court.

• New York Appeals
  April 18, 2017 EDT
  A CASE STUDY ON COURT OF APPEALS FINALITY
  Michael Nolan

  This article follows the Tauber case as it wove its way through the appellate courts, illustrating the concept of finality by putting it into a practical perspective.

• State Constitutional Commentary
  January 05, 2015 EDT
  CRITIQUE OF MONEY JUDGMENT PART THREE: RESTRAINING NOTICES
  David Gray Carlson

  This article concludes that Verizon exposes serious weaknesses in the New York law of money judgment collection.

• General
  May 13, 2014 EDT
  “AND BAD MISTAKES? I‘VE MADE A FEW”: SHARING MISTAKES TO MENTOR NEW LAWYERS
  Stephen D. EastonJulie A. Oseid

  This article considers the value of sharing mistakes with new lawyers.

• Justice Commentaries
  June 11, 2013 EDT
  DOUBLE JEOPARDY
  Salvatore R. MartocheDonald S. Stefanski

  This article addresses the question of what happens in New York when two counts are charged in the alternative and the jury convicts on one of the counts.

• General
  January 01, 2012 EDT
  IN DEFENSE OF DETERRENCE
  Andrew F. Popper

  This article takes the following position: those supporting tort reform cannot wish away deterrence.

• 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.

• General
  January 01, 2011 EDT
  COST-BENEFIT ANALYSIS OF THE BUSINESS JUDGMENT RULE: A CRITIQUE IN LIGHT OF THE FINANCIAL MELTDOWN
  Tood M. Aman

  This article recasts the prominent arguments for and against the business judgment rule as cost-benefit arguments.