Over the past year, the Court of Appeals' newest judges, Jenny Rivera and Sheila Abdus-Salaam, have frequently found themselves on the opposite sides of cases, usually criminal appeals, articulating not only a difference of opinion on the results, but also on how those results should be reached.
This Weeks News
Southern District Judge Analisa Torres said police unions' intervenor bids opposing the settlement between New York City and plaintiffs in stop-and-frisk litigation were untimely and the unions had "no significant protectable interests relating to the subject of the litigation that would warrant intervention."
Judge Jed Rakoff's decision, which also slapped a former executive with a $1 million personal judgment, followed a trial last fall in which jurors found that the Countrywide financial unit defrauded Freddie Mac and Fannie Mae by peddling at break-neck speed what they knew were substandard loans.
Microsoft Corp. and its allies have prepared for a long battle in the courts and in Congress over a 1986 electronic communications law as the technology giant fights a U.S. search warrant to give up customer data it has on a server in Ireland.
Although Jacoby & Meyers has dropped its New Jersey lawsuit, the firm continues to pursue its battle to overturn bans on nonlawyer investments in law firms through federal litigation in New York, said Andrew Finkelstein, who leads the regional personal injury firm.
Hundreds of bar exam takers in New York and across the U.S. were unable to turn in their completed tests Tuesday due to a glitch with ExamSoft, a software program used by many state bar examiners.
Richard Savitt, a solo practitioner who has been repeatedly scrutinized by judges, is facing another $10,000 sanction for conduct a Manhattan judge found frivolous.
A Queens solo attorney stands accused of sex abuse for allegedly paying a 16-year-old girl to perform oral sex on him as her friend watched, according to an indictment released Wednesday.
Long Island attorney Robert Cassandro, who was convicted of defrauding investors in real estate deals, was sentenced to 1 1/3 to 4 years and is subject to a $5.8 million restitution order.
A federal magistrate judge in Buffalo declined to step aside from a case in which one of the attorneys joined the judge on a volunteer board while the trial was underway.
DLA Piper, Carlton Fields Jorden Burt, Sullivan & Worcester and Schulte Roth & Zabel have each added an attorney.
A district court's award of treble damages and legal fees against a dietary supplement maker that falsely advertised the chemical composition of its product was upheld Tuesday by the U.S. Court of Appeals for the Second Circuit.
A Southern District judge has ordered partners in a law firm he sanctioned to attend a legal education program, after one of the attorneys improperly removed a suit from state to federal court.
Three months after refusing to block the Art Students League of New York's $31.8 million transfer of air rights over its historic West 57th Street building, Manhattan Acing Supreme Court Justice Melvin Schweitzer has disposed of a suit challenging the sale brought derivatively by a segment of the league's membership.
An upstate appellate court has refused to enforce a "no contest clause" in a will because doing so would subvert the overall intentions of the decedent.
Aspiring Attorneys gathered at Manhattan’s Jacob J. Javits Center early Tuesday morning for the beginning of New York’s grueling two-day bar exam.
A group of banks that sold residential mortgage-backed securities to Fannie Mae and Freddie Mac in the run-up to the subprime meltdown failed to prove the two mortgage giants willfully ignored false guarantees allegedly made to them about home loans underlying the securities at issue, a federal judge in New York has ruled.
U.S. District Senior Judge Frederick Scullin Jr.—the federal judge who struck down the District of Columbia’s ban on carrying handguns in public for self-defense—has a reputation as a no-nonsense jurist who adheres to the text of the law.
A federal judge concluded Tuesday that a man who has spent approximately 19 years of a 58-year sentence in prison for multiple armed carjackings had paid his debt to society and resentenced him to time served.
A Queens inmate who had insisted that he was innocent of a 1993 murder was sentenced to 5 to 15 years for the lesser charge of second-degree manslaughter Monday as part of a plea deal with the Queens District Attorney's Office.
A group of upstate landowners have filed a notice they will appeal a state Supreme Court ruling that denied their attempt to have the courts compel the Cuomo administration to decide whether or not commercial fracking for natural gas is legal in New York state.
Five former Buffalo Bills cheerleaders scored a pre-season victory after a judge sustained their unfair labor practice case against the professional football franchise.
A federal jury in White Plains took about 90 minutes Tuesday to convict former New York City Councilman Daniel Halloran of bribery charges in a scheme to buy a spot on the mayoral ballot for state Sen. Malcolm Smith.
The widow of the former half-owner of the Modell's Sporting Goods store chain may continue trying to have her brother-in-law and another man removed as trustees of trusts set up for her and her children upon her husband's 2001 death, a Manhattan surrogate has ruled.
A federal judge who has questioned whether a nearly 58-year sentence was overly harsh for multiple armed robberies has applauded Eastern District prosecutors for consenting to a modified conviction rather than let the full sentence run its course.
A Co-op cannot evict two shareholders over unpaid maintenance and electric bills because the co-op could not show how the building's maintenance charges were determined, a Manhattan housing court judge ruled.
Victims of deadly terrorist attacks in 1998 at the U.S. embassies in Kenya and Tanzania were awarded more than $8 billion on Friday by a federal judge in Washington, D.C.
Six prosecutors' offices in New York City have been allocated a total of more than $314 million for the fiscal year that began on July 1, an increase of 6.1 percent over the amount set aside by the city at the beginning of the 2013-14 fiscal year.
A second judge has denied a motion to restrain federal prosecutors from reading the emails of jail inmates to their attorneys.
Attorney General hopeful John Cahill yesterday called on incumbent Eric Schneiderman to end his silence over allegations that the governor's office interfered with the workings of the Moreland Commission, which was created to root out public corruption.
The current teacher tenure, seniority and dismissal rules in New York state are preventing schools from delivering on the promise set by the state Constitution that all students are to receive a "sound, basic" education, a group contended in a suit filed Monday.
A unanimous Appellate Division, First Department, panel last Thursday disbarred Manhattan attorney Shigetaka Ogihara, who pleaded guilty earlier this year to stealing $1.8 million that he was supposed to hold in his IOLA account for a client.
Two suspended attorneys who did not respond to the disciplinary proceedings filed against them have been disbarred by a Brooklyn appellate court.
New York Mayor de Blasio on Friday announced the 16 appointees who will serve on the Mayor's Advisory Committee on the Judiciary.
A Judge has voided marital agreements drafted under foreign laws in two separate divorce actions, saying the agreements in both cases had procedural defects that rendered them unenforceable.
A lawyer trying to recover money from a long-dead fee referral arrangement with another law firm on personal injury cases has been blocked from pursing a remedy in bankruptcy court.
While a California judge recently found that state's teacher tenure system unconstitutional, similar suits against New York's tenure and discipline laws are less certain of achieving a similar outcome, education law experts say.
In a case that illustrates the potential pitfalls out-of-state attorneys face when practicing pro hac vice, a New York lawyer defending a New Jersey lawsuit was removed from the case after he signed papers that were to be signed only by a lawyer licensed to practice in New Jersey.
The removal of defense attorney Ivan Fisher from the rolls in the Southern District has been upheld by the U.S. Court of Appeals for the Second Circuit.
Nearly 12,000 aspiring lawyers are sitting for the New York bar exam Tuesday and Wednesday. The multiple-choice test takes just over 12 hours to complete and is spread across two days.
The on-demand ride-sharing app Lyft announced it would start offering limited service in New York City Friday night after resolving regulatory issues that prompted a lawsuit by the state.
New York is leading a coalition of 25 states urging the U.S. Supreme Court to uphold the rescission right of consumers under the Truth in Lending Act (TILA) to back away from a loan simply by giving written notice to the creditor.
An immigration attorney convicted on felony charges has been sentenced to two years in prison and three years of supervised release.
Litigants filing motions such as those for reargument, renewal or vacatur do not need to file copies of new papers if they would duplicate materials already filed electronically in the original case, under a bill signed into law by Gov. Andrew Cuomo.
A State prison inmate with an extraordinary record of institutional achievement and a network of supporters ranging from top corrections officials to the prosecutor who put him away in the early 1980s will remain behind bars after a deeply divided upstate appellate panel embraced a hands-off approach to parole reviews.
A Westchester County woman who shepherded her young son to forensic psychologists in what a court said was a concerted effort to undermine his relationship with his father, and paid a former soap opera actress $57,000 to prep her for a "role" as a witness, has been stripped of custody.
A Manhattan judge has awarded more than $60,000 to two food cart workers, ruling that they were owed unpaid overtime and illegally forced to pay tickets that should have gone to the carts' owners.
Entry-level accountants are learned professionals who are exempt from the requirement that companies pay overtime under the Fair Labor Standards Act, a federal appeals court has ruled.
Barclays is challenging the authority of New York's top lawyer to sue the bank for fraud over allegedly deceptive statements it made to investors concerning high frequency trading in its "dark pool," or private stock exchange.
Want to know where Judge Joseph Force Crater had his last meal before disappearing forever? Robert Pigott can tell you. His just-completed book, "New York's Legal Landmarks: A Guide to Legal Edifices, Institutions, Lore, History and Curiosities on the City's Streets," is stuffed with such trivia and more momentous events besides.
New York's attorney general is urging a federal judge to reject a motion for a preliminary injunction that would prevent enforcement of a requirement that the conservative advocacy group Citizens United file a list of its confidential donors with the state.
An immigration attorney has been indicted for allegedly defrauding clients by misrepresenting legal requirements, filing defective applications and taking their money.
A dispute over how much bogus wine was actually sold by a man convicted of defrauding wealthy wine buyers caused a federal judge Thursday to postpone sentencing.
An armored car courier who injured himself lifting a bag of coins had his personal injury suit dismissed by a Brooklyn appellate court.
A Brooklyn appellate panel has disbarred an already-suspended attorney battling a prescription painkiller addiction.
Jones Day and Troutman Sanders have added partners and Dr. James Tacci has rejoined Hiscock & Barclay.
Gov. Andrew Cuomo signed into law Wednesday bills that he said would aid efforts to combat domestic violence by refining New York's stalking and aggravated harassment laws.
A Bronx judge has dismissed criminal charges against a man accused of carrying a "gravity knife," despite the fact that a court system reform bill seeking to lighten penalties for carrying such a device never made it through the state Legislature.
A Suffolk judge has refused to pierce the corporate veil against the principal of a construction company to enforce a $2.2 million judgment over a failed project, ruling that the plaintiffs failed to show that the principal misused the corporate form and deliberately dissipated the company's assets.
Lamenting what he called an "imbalance of remedies," Nassau County Family Court judge has denied joint custody to a woman now separated from her same-sex partner, even though current law might make custody available to a man under similar circumstances.
Southern District Judge Lewis Kaplan will hold a hearing into whether the lawyer for a man accused in the al Qaeda African embassy bombing plot is conflicted because his client's defense is being funded by the Libyan government.
A coalition formed to urge the U.S. Supreme Court to increase transparency criticized the justices on Tuesday for not doing more to boost public access to court proceedings in the term just ended.
The Joint Commission on Public Ethics said Assistant Attorney General David Ellenhorn improperly accepted a plane ride from an adversary without first obtaining permission from his boss. But the panel declined to impose a fine or sanction.
The politically connected former CEO of a prominent New York City charity was sentenced to prison Wednesday for helping to steal more than $9 million from the anti-poverty organization.
The Queens County Supreme Court has opened a help center to assist people with online forms available through the state court system's DIY Uncontested Divorce program.
A biotechnology company in bankruptcy has brought malpractice claims against Nixon Peabody and Mintz, Levin, Cohn, Ferris, Glovsky and Popeo.
Unaccompanied immigrant children who entered the country illegally and face deportation need legal representation at their immigration hearings, New York State Bar Association president Glenn Lau-Kee wrote in a letter to state congressional representatives Tuesday, urging them to make it a "top priority."
A Muslim inmate who was placed in solitary confinement conditions for more than two months after refusing to drink water during the Ramadan fast to provide a urine sample has had his First Amendment claim reinstated.
While not responsible in any way for the fake Max Ernst painting called "La Forêt," Manhattan art dealer Richard Feigen was deemed ineligible for a $215,625 sales tax refund because he filed too late to qualify.
The Third Department said that the petitioners, a California-based animal rights group and a New York resident it represents, could not demonstrate an injury in fact based on more than "conjecture or speculation."
A jury in Clinton County has awarded $1.5 million, including $800,000 in punitive damages, on behalf of a 94-year-old nursing home resident who died after he was mistakenly administered morphine intended for another patient.
Robert Pitman's uncontroversial nomination last month—Sen. John Cornyn called Pitman's sexuality "irrelevant"—was Obama's 11th nomination of an openly gay or lesbian lawyer to a federal district judgeship. His record on the issue reflects both the president's stated mission to diversify the courts and the widespread cultural shift in acceptance of gays and lesbians in public life.
Joel Sanders, the firm's former CFO, and Stephen DiCarmine, former executive director, have settled a trustee's clawback suit, clearing another piece of civil litigation as they prepare for a criminal trial.
Disgruntled investors in the Empire State Building cannot sue over the 2013 initial public offering that they said intentionally undervalued their shares in the iconic Manhattan skyscraper, a Supreme Court justice ruled.
A suspended Long Island attorney is one of four people accused of conspiring to bilk Bank of America out of more than $500,000 in a real estate scheme.
A federal appeals court has affirmed a trial judge's decision to tell a jury to keep deliberating after a poll showed its verdict was not unanimous.
After toiling through four years of litigation over MBIA Inc.'s controversial 2009 restructuring—and finally putting the case to rest last year—the bond insurer's lawyers at Kasowitz Benson Torres & Friedman won a ruling that makes Lloyd's of London and other underwriters responsible for a hefty portion of MBIA's defense tab.