A former county prosecutor now in private practice has been disqualified from defending a newspaper in Binghamton, N.Y., in a defamation action brought by a man the attorney once prosecuted.
This Week's News
An insurance policy on cash being transported in armored cars for a check-cashing business covers theft by the car company's executives while the money was in their vault, a divided state appeals panel has ruled, reversing a lower court judge's ruling.
The Second Circuit found that a lower court "committed an error of law" by not granting fees to a man who won long-term disability benefits for the depression he suffered over the feel and sound of his prosthetic aortic valve.
As the Eastern District of New York faces a glut of nearly 900 Hurricane Sandy-related insurance claim denials and alleged underpayments, liason counsel for the insurance defendants has submitted its part of a plan to help expedite the cases through the system.
Mayor Bill de Blasio on Tuesday announced four key appointments that he said would help create "a cohesive, community-focused criminal justice policy for the City of New York."
In a potentially costly setback to the federal government’s rails-to-trails program, the U.S. Supreme Court on Monday ruled that abandoned railroad rights of way belong not to the government, but to the private parties that acquired the underlying lands.
Legal Aid Society board chairman Richard Davis, who will lead the search committee, said there are no plans to appoint an interim chief administrator following Steven Banks' departure for a post in city government.
A sexual harassment lawsuit against the state Assembly by two alleged victims of former Assemblyman Vito Lopez has been dismissed on technical grounds.
Five lawyers at Fried, Frank, Harris, Shriver & Jacobson have been promoted to partner effective March 1.
A former New York Police Department detective who quit after being charged with sex offenses is not entitled to 9/11-related pension benefits afforded to active and retired members of the Police Pension Fund, a Manhattan judge has held.
A plaintiff forced to handle his own case after an Eastern District judge refused on the morning of jury selection to admit his attorney pro hac vice has won a $10,000 jury verdict.
Six firms have added partners and Oleg Sabel has added counsel.
Court administrators are getting a helping hand from a coalition of more than 80 legal and community service organizations in selling their top legislative priority for 2014 at the state Capitol.
The Nassau County District Attorney and the state Attorney General want the parole board to re-examine its decision to release a convicted sex offender after an assistant attorney general vouched for the inmate's innocence.
A federal judge has ordered the arrest of a concert promoter accused of filing spurious debtors' liens against lawyers with Loeb & Loeb in New York, his former lawyers at Dentons and the William Morris Endeavor Entertainment talent agency.
A defendant whose attorney failed to promptly object to his appearance before a jury pool in a prison jumpsuit undermined his own ineffective assistance claim by repeatedly referring to his criminal record on the stand, a federal judge has held in a habeas corpus case.
Through the first week in March, the Unified Court System had sent 37 new bills to the Legislature for consideration in 2014, with 43 more still eligible for active consideration this year.
The U.S. Supreme Court on Monday rejected an appeal from a Pennsylvania school district that tried to ban students from wearing "I (heart) Boobies!" bracelets to promote breast cancer awareness, ending a case that began more than three years ago with the suspension of two middle-school girls who refused a principal's order to take off the bracelets.
A former top in-house lawyer for the Port Authority of New York and New Jersey admitted he created a bogus retainer agreement from Weil, Gotshal & Manges promising discount legal services.
Lawyers for the man charged with killing 12 people in a Colorado movie theater have asked the U.S. Supreme Court to compel a Fox News reporter to identify her sources for a story about the defendant.
When the D.A.'s office charged four defendants Thursday with a combined 106 counts of criminal fraud, theft and conspiracy for allegedly concocting a scheme that put Dewey & LeBoeuf on the path to bankruptcy, three of the accused were familiar figures to observers, and victims, of the Dewey debacle. The fourth man was a stranger to even longtime Dewey insiders.
New York City Mayor Bill de Blasio has nominated Meera Joshi, former general counsel of the city's Taxi and Limousine Commission, to serve as the commission's chairwoman. The City Council must confirm the appointment.
Leonard P. Morton's fatal plunge from his Lower Manhattan office building has been ruled a suicide.
A western New York court has awarded a million-dollar estate to the first cousin of a man whose mummified remains were found buried under a pile of junk in his debris-filled basement.
A day after Dewey & LeBoeuf's former leaders were indicted on grand larceny and fraud charges, criminal defense experts weighed in on the challenges and strategies in defending such cases, especially when damning emails are presented as key evidence.
Newly-elected Brooklyn District Attorney Kenneth Thompson, who had slammed the case last year on the campaign trail, said his office concluded that witnesses lacked the credibility needed to continue the case against a man charged with paying for false testimony against a cantor accused of sexual abuse.
Just a few years ago, separation agreements preceded about 7 percent of divorces, providing a cost-effective way for unhappy couples to start dissolving their marriage and a steady source of income for matrimonial attorneys. But since New York enacted a no-fault divorce statute, that percentage has been more than halved.
A judge has ordered attorney Howard Fensterman of Lake Success to be deposed about whether a chauffeur who is suing for wrongful termination worked for him personally or for his law firm.
A special referee in Manhattan Supreme Court has reminded attorneys that special referees, like judges, are allowed to post part rules, saying that "many attorneys are unaware" of this fact.
The ACLU on Thursday asked the Second Circuit to vacate a ruling that the mass collection of Americans' telephone records is legal, saying that, even if it was authorized, the scope of the NSA's activity far exceeds anything contemplated by Congress and violates the First and Fourth Amendments.
Leonard P. Morton fell to his death on Friday morning from 225 Broadway in Manhattan, where the 44-year-old had his law office.
A commercial division judge, suggesting that the case may not have the legs to require further litigation, has ordered mediation for the parties embroiled in an insurance coverage battle over a preparatory school's decision to settle sexual abuse allegations with two former students.
The First Department has announced the five members of the Unified Court System who will be honored with the Bernard Botein Awards for outstanding contributions to the administration of justice.
Attorney General Eric Schneiderman has tapped a UCLA and Hebrew University trained economist to help the office with complex investigations into antitrust, investor protection and other intricate economic matters.
Alberto Yard, who had worked in Brooklyn Civil Court for more than 19 years, was arrested in July following a Google alert to the National Center for Missing and Exploited Children.
After a nearly two year investigation, the former leaders of Dewey & LeBoeuf, ex-chairman, Steven Davis; former executive director, Stephen DiCarmine; and its ex-chief financial officer, Joel Sanders, were accused Thursday of "concocting and overseeing a massive effort to cook the books" at the firm.
A group of atheists tried to convince a Second Circuit panel Thursday that if a museum commemorating the terrorist attacks displays a cross-shaped steel beam found in the wreckage of the World Trade Center, it should also be required to display a symbol recognizing atheists who were affected by 9/11.
Scrutinizing a law that requires insurance companies to pay claims in a timely manner, a Brooklyn appellate court has determined the law gives claimants an implied right to file suit against their insurer.
A Southern District judge refused this week to throw out part of an antitrust class action brought by television station owners against a music licensing organization that represents about 20,000 composers.
The Senate has blocked Debo Adegbile's bid to lead the Civil Rights Division of the U.S. Department of Justice amid questions about how he would work with the major law enforcement groups that vigorously opposed his nomination.
The Jacob D. Fuchsberg Law Center at Touro College is the most recent school to offer future lawyers a chance to earn a J.D. in two years instead of the traditional three.
Deciding a case of first impression in the Second Circuit, and joining the Seventh and Ninth Circuits, an appeals panel said the state-law tort claims period is not tolled by a filing with the EEOC "even for those claims arising out of the same factual circumstances alleged in the EEOC charge."
Attorneys in the Southern District soon will be required to file amended pleadings in civil cases directly to the district's Electronic Case Filing (ECF) system.
A Staten Island attorney who did not divulge his plea to misdemeanor drunken driving in his 2010 bar application has been suspended for six months.
A former Port Authority police officer claiming to suffer psychological disabilities from his work following the terrorist attacks has failed to demonstrate that he qualified for the presumption of special benefits created for emergency responders.
New York State is not liable for a security guard's punch to a bench that managed to injure a bystander, said a Brooklyn appellate court.
A portrait of Stewart Aaron, the immediate past president of the New York County Lawyers' Association, was unveiled Wednesday at a ceremony at NYCLA's.
Sulaiman Abu Ghayth literally sat at the right hand of Osama bin Laden and played a critical role in announcing al Qaida's call for jihad against the United States following the Sept. 11 terror attacks, a prosecutor told a jury Wednesday.
The Patrolmen's Benevolent Association will continue challenging a controversial anti-profiling law that was passed by the City Council over Mayor Bloomberg's veto last year, despite Mayor de Blasio's decision to drop the city's suit against the law, the organization said Thursday.
A gun dealer who successfully sued Nassau County for false arrest and malicious prosecution may have deserved significant damages, but not to the tune of $5 million, said a judge who shaved the jury award to about 20 percent of its original amount.
A condominium board can compel an owner to sell his Columbus Circle apartment to a neighbor instead of a preferred outside buyer, thanks to a common provision in condo bylaws, a state judge has ruled.
Despite the urgent plea of business advocates, the U.S. Supreme Court during Wednesday's arguments in 'Halliburton v. Erica P. John Fund' appeared reluctant to completely overturn a key precedent that has made it easier for plaintiffs to sue companies for securities fraud.
Anne Swern, a longtime prosecutor who rose through the ranks to become first assistant district attorney in the Brooklyn District Attorney's Office, has left the agency.
Under pressure from gun control advocates, including New York's attorney general, Facebook agreed Wednesday to delete posts from users selling illegal guns or offering weapons for sale without background checks.
The White House's proposed $27.4 billion budget for the DOJ would boost spending on the administration's criminal justice reform efforts, calling for $173 million for initiatives that include more state and local prisoner reentry programs.
The new White House budget calls for closing a long-controversial tax loophole that allows lawyers, lobbyists and other high-income professionals to avoid income and payroll taxes.
Approximately 259 candidates will be interviewed March 11 by the Committee on Character and Fitness of the Appellate Division, First Department.
Legal Services of the Hudson Valley has announced plans for its annual Equal Access to Justice Dinner, the organization's biggest fundraiser.
New York City attorney Steven Donziger corrupted and defrauded the judiciary in Ecuador on his way to securing a multi-billion dollar environmental damages judgment against Chevron, Southern District Judge Lewis Kaplan ruled Wednesday.
Manhattan appellate judges differed on just how much effort a woman made getting her troubled teenaged daughter to school, with a slim majority overturning a Family Court judge's finding of neglect.
A federal court jury got it right— and the trial judge got it wrong—in a case where a man was convicted of drug charges after jurors inferred that he was part of a conspiracy, the U.S. Court of Appeals for the Second Circuit said yesterday in a divided opinion.
The leaders of the New York State Bar Association are raising questions about a proposal to allow non-lawyers to assist poor New Yorkers in legal matters—specifically, how these "navigators" would be monitored, supervised and evaluated.
A "dishonest acts" exclusion clause in its liability policies does not exempt insurers from covering a $250 million settlement reached between the Securities and Exchange Commission and a J.P. Morgan subsidiary, a Manhattan state judge ruled.
The U.S. Supreme Court on Monday acknowledged that a spectator’s outburst during an oral argument Feb. 26 was "redacted" from the audio posted on the court’s website late last week.
Wood, Smith, Henning & Berman, a 150-attorney firm headquartered in Los Angeles, has opened a New York office with six-attorneys from Wilson Elser Moskowitz Edelman & Dicker.
A district judge has ratified the casino gambling and land claim settlement that the Oneida Indians reached in 2013 with the Cuomo administration and Oneida and Madison counties.
A company that helped produce two songs for Alecia Moore—Pink—more than a decade ago cannot collect the royalties it says it is owed, a Manhattan appeals panel ruled Tuesday.
A judge should have stuck to his initial ruling in a case where a subcontractor's employee was injured when he fell from a ladder, a state appellate court has ruled.
The Second Circuit has modified a recent decision to grant three robbery suspects a new trial because one of the defendants was apparently impaired when implicating himself and his co-defendants.
Consumers who purchased computers or other electronic gadgets containing Dynamic Random Memory Access chips between 1998 and 2002 are eligible to seek price-fixing damages under a settlement announced Tuesday.
The prosecution of alleged al Qaeda propagandist Sulaiman Abu Ghayth for being part of Osama bin Laden's murderous conspiracy began Monday as prospective jurors filed into the courtroom of Southern District Judge Lewis Kaplan.
An Australian national can stay in the United States because a federal appeals court ruled Monday that he cannot be punished for his attorney's incorrect advice about a crime not being a deportable offense.
Bogus real estate investments promoted by a Bronx man accused of bilking investors out of millions of dollars qualify as "securities," paving the way for prosecution under the state's Martin Act, a judge has ruled.
The attorney general can use evidence of a 30-year-old dismissed rape charge to bolster its case for the civil confinement of a convicted kidnapper accused of sex crimes, a judge in Dutchess County has ruled.
The U.S. Supreme Court appeared likely Monday to say that states can't rely on intelligence test scores alone in borderline cases to determine that a death row inmate is mentally able and thus eligible to be executed.
Meister Seelig & Fein, a 60-attorney firm, has added three attorneys from Ostrow Kaufman, a now-closed intellectual property boutique.
The state Department of Motor Vehicles is making more information available to prosecutors about the history of drivers who have been ticketed for driving infractions.
A skier who crashed into a novice with enough force to shatter her arm and lacerate his own kidney could be liable for damages if a trial court decides his conduct was reckless enough to overcome the assumption of risk doctrine.
The Third Department reduced the risk level classification of a sex offender after determining his victim was not a stranger to him nor a person he developed a relationship with primarily so he could sexually victimize her.
Four firms announce new additions, while two have promoted attorneys to partner.
Steven Banks, who has been attorney-in-chief of the New York City Legal Aid Society since 2004, was named commissioner of the city's Human Resources Administration by Mayor Bill de Blasio on Friday.
Two state Parole Board commissioners have slammed Attorney General Eric Schneiderman's office for urging the panel to release a man convicted of notorious sex offenses rather than taking steps to exonerate the potentially-innocent inmate.
A shell company that sought to profit from a failed investment portfolio built on mortgage-backed securities has no standing to sue the investment manager because its motive for suing violates New York's champerty doctrine, a Manhattan state court judge ruled.
Southern District Judge Lewis Kaplan Friday rejected the last minute requests for a continuance, telling defense attorneys that time has run out on their attempts to get enough information to justify a motion to depose Guantanamo detainee Khalid Shiek Mohammed.
A man convicted of attempted rape in 2000 has been granted a new trial after DNA recovered from the victim's fingernails was analyzed nine years later and found not to match his.
A federal judge has dismissed the hostile workplace, retaliation and sexual harassment suit brought by a female firefighter who said she was sexually assaulted by a male colleague.
When litigators and longtime friends James Tyrrell Jr. and John McGahren led a 25-lawyer group from Latham & Watkins to Patton Boggs in 2006, their new firm was effusive in its praise. A lot has changed in eight years.
For years, patent litigators have complained that the Federal Circuit has set too rigid a standard for fee shifting in patent cases. On Wednesday, the U.S. Supreme Court sounded ready to go to the other extreme and give district judges broad latitude to determine when an attorney fee award is justified.
The 24th Annual Black History Month Celebration of the state courts commemorated the 50th anniversary of the Civil Rights Act in the rotunda of the Manhattan Supreme Court at 60 Centre St. on Feb. 27.
The New York State Trial Lawyers Association held its first annual Women's Caucus reception on Wednesday, where they honored Lenore Kramer of Kramer & Dunleavy.