The Second Circuit has asked the state Court of Appeals to answer two questions on a New York City law governing debt collection activities, part of which was invalidated by a judge who held the law conflicted with the state's authority to regulate attorneys.
This Weeks News
U.S. Attorney General Eric Holder Jr. said Thursday that alternative-to-incarceration programs taking root in the Eastern District of New York are "emblematic" of the sort of specialized programs that the nation needs in order to address overincarceration within the federal criminal justice system.
Police who entered a homeowner's yard without a warrant but who then shot and killed a dog in front of a horrified 12-year-old girl now have to go to trial on damages, the Second Circuit ruled Thursday.
A conviction may not stand in a case where neither the court nor the parties realized a sentencing agreement was illegal, a divided Manhattan appeals panel ruled Thursday in vacating a defendant's guilty plea.
A Westchester County judge has ruled in favor of a family whose apartment was mistakenly raided by Mount Vernon police in 2010, defeating the city's claim of qualified immunity.
The state's top administrative judge, A. Gail Prudenti, is among 10 incumbent Supreme Court justices on Tuesday's ballot.
Never underestimate how hard the rich will fight over beachfront property. That's one takeaway from litigation now unfolding in Manhattan, California and the Caribbean, where two billionaire neighbors are locked in a nasty battle over prime oceanfront real estate in the Bahamas.
Jeffrey Stark of Levittown was charged in a federal indictment unsealed Thursday with forging the name of a federal bankruptcy judge on a phony order in a case the lawyer never filed.
The First Department has disbarred a Manhattan attorney who admitted to stealing more than $50,000, perjuring himself and submitting forged records as fake evidence in disciplinary proceedings.
Victor J. Horowitz pleaded guilty in federal court to charges stemming from his participation in a $30,000 false insurance claim and overbilling scheme where he represented clients who falsely claimed to be involved in auto crashes.
Disgraced Panamanian dictator Manuel Noriega's lawsuit over his inclusion in a 2012 video game has been dismissed by a judge who determined the game's use of his likeness is protected by the First Amendment.
Seven firms added new partners or attorneys.
Eastern District Judge Joseph Bianco said federal law divested him of jurisdiction to impose an injunction, and that putting large inflatable rats at work sites to voice displeasure was both within the union's First Amendment rights and outside a collective bargaining agreement's "no strike" provision.
Rikers Island corrections officers claimed they couldn't be sued for false arrest for placing a prisoner in near-solitary isolation because he was already in custody. But a federal judge disagreed.
Making a rare foray into human genetics, the Court of Appeals unanimously said that the Domestic Relations Law does not regard marriages between "half-blood" uncles and nieces as incestuous.
As part of a settlement reached last week between the Department of Corrections and Community Services and Prisoners' Legal Services, underage inmates serving disciplinary confinement time for breaking DOCCS rules will get an extra hour of out-of-cell recreation time daily and have access to juvenile-specific education and transitional programming.
A diagnosis that a person suffers from antisocial personality disorder, without any other condition linked to sexual violence, is insufficient to support the finding of mental abnormality needed for civil commitment to a mental heath facility, the state Court of Appeals held.
Former partners of Dewey & LeBoeuf are not entitled to use a "reasonably equivalent" value defense against the trustee's claims to claw back money, Southern District Bankruptcy Judge Martin Glenn has ruled.
Shigetaka Ogihara, a disbarred attorney who stole $1.8 million dollars from a client, has been ordered to serve three to nine years in prison.
In its latest prominent hire from a rival firm, Kirkland & Ellis has brought on corporate finance partner Richard Aftanas from Skadden Arps. Meanwhile, Simpson Thacher, which lost two top partners to Kirkland over the past year, lured back IPO specialist Joshua Bonnie.
Long Island attorney Steve Weinstock is accused of stealing in excess of $1.4 million through his alleged theft of escrow money and failure to pay off a mortgage loan.
Derrick Cephas, a partner at Weil, Gotshal & Manges, has been named to New York City's Board of Correction, one of three new appointees by Mayor Bill de Blasio to the nine-member board, which is empowered by the City Charter to set "minimal standards" for the city's jails.
State bar president Glenn Lau-Kee's resolution to the House of Delegates will address objections that members have raised since Chief Judge Jonathan Lippman announced pro bono disclosure rules in 2013.
New Southern District Magistrate Judge Judith C. McCarthy was inducted Tuesday during a ceremony in U.S. District Court in Manhattan. McCarthy, who will sit in White Plains, had been the executive vice president and general counsel of the New York Power Authority before being selected to serve the eight-year term.
The names of the 7,264 candidates who passed the bar examination given on July 29 and 30. The passing rate for all candidates, including U.S. domestic-educated candidates and foreign-educated candidates, first time and repeat takers, was 65%.
A contingency fee agreement that netted Graubard Miller $44 million for five months' work was valid and must be adhered to, the state Court of Appeals ruled Tuesday, saying that it was "dangerous business" to assess the fairness of a contingency fee arrangement, especially when the objection is that "the size of the fee seems too high to be fair."
A pre-arraignment interview procedure routinely used by the Queens District Attorney's Office has been ruled invalid by the Court of Appeals, which found it renders subsequent Miranda warnings "inadequate and ineffective."
The family of the late Robert Fuller, whom the Castro regime arrested and executed by firing squad in 1960, cannot access electronic funds frozen in banks under U.S. government sanctions against Cuba to satisfy a default judgment, the Second Circuit has ruled.
The Second Department has disbarred Steven E. Goldstein of the Bronx, unmoved by his unsupported mitigation arguments that a close friend's sudden death in Goldstein's living room triggered mental issues, alcohol abuse and his misbehavior.
Running afoul of the advocate-witness rule, an American lawyer based in China lost his bid to remain as counsel in a case that his China-based firm brought against a former client for unpaid fees.
The New York State Board of Law Examiners on Tuesday released the results of its July 2014 bar exam, taken by 11,195 candidates. Graduates of New York's 15 law schools taking the exam for the first time posted an 83 percent pass rate.
As the campaign for state attorney general enters its last days, incumbent Eric Schneiderman has been outspending his Republican rival John Cahill by a wide margin.
After months of rumors, Skadden, Arps, Slate, Meagher & Flom confirmed on Monday that it would leave its current New York headquarters at 4 Times Square and head to the city's Hudson Yards district on the far west end of Manhattan in the spring of 2020.
Environmental groups are suing New York state over Gov. Andrew Cuomo's plan to use federal clean water funds for the new Tappan Zee Bridge, saying it would create a dangerous national precedent if allowed to stand.
An effort to have a prenuptial agreement nullified on grounds of fraudulent inducement failed when Brooklyn Supreme Court Justice Jeffrey Sunshine ruled the "language used by the parties is clear and unambiguous."
As part of National Pro Bono Celebration Week, the New York State Courts Access to Justice Program, New York State Bar Association and the New York County Lawyers' Association honored attorneys from NYCLA's pro bono programs on Thursday.
Six times a New York City woman appeared in Family Court to get an order of protection against her ex-partner. Four of those six times her case was adjourned because an interpreter wasn't there. Her plight highlights what many attorneys say is a significant problem.
An Albany appeals court has ruled that when judges make contempt findings for violated protection orders and mete out defined jail sentences as punishment, the burden of proof must be beyond a reasonable doubt.
Police and city officials cannot be shielded by qualified immunity in a case where a Connecticut man claims he lost a city contract for security services in retaliation for suing the police department, a federal appeals court ruled Monday.
Gigi Jordan, a former pharmaceutical executive, was driven to kill her autistic 8-year-old son in 2010 following years of sexual torture by his biological father and threats against her own life by another ex-husband, her attorneys insisted Monday during closing arguments in the seven-week murder trial.
In an amiable conversation at Yale Law School on Saturday, three U.S. Supreme Court justices revealed their strengths, weaknesses, pastimes and even coffee preferences.
The Third Department ruled that while a court is not bound by a retainer agreement when determining whether an unreasonable fee should be restricted, it cannot award fees that exceed the agreement.
U.S. Attorney General Eric Holder Jr. is scheduled to speak at an upcoming special session of the Eastern District of New York's alternative to incarceration programs.
Plaintiffs lawyers at Outten & Golden unveiled a class action settlement with NBCUniversal Media for nearly 8,000 unpaid interns who worked on "Saturday Night Live" and other shows beginning between 2007 and 2011.
The test of public campaign financing in the New York comptroller race has proved ineffective, with the Democratic incumbent declining to participate and the challenger falling short of the threshold that would parlay his $200,000 into $1.2 million.
Does allegedly spying on a competitor's wares to help sell your own products count as corporate espionage or legitimate market research? That was one of the questions at the heart of a 5-year-old legal battle between subsidiaries of McGraw Hill Financial and Reed Elsevier. The answer, as you might expect, is that it depends.
The names of Nassau County Court Judges Meryl Berkowitz and Tammy Robbins were affixed to a plaque in the county courthouse rotunda as the 2013 and 2014 recipients, respectively, of the Nassau Criminal Courts Bar Association's Norman F. Lent Memorial Award.
North Korea's removal from a list of state sponsors of terrorism while a case claiming it provided the weapons used in a 1972 attack was pending has led the Second Circuit to refuse to allow the attachment of $378 million in funds recovered in a default judgment.
Likening production of a custody evaluator's notes to prosecutors' disclosure obligations in criminal cases, a Long Island judge has ruled that a divorcing husband's expert was entitled to review all the raw information generated by the court-appointed evaluator, and said that, with certain ground rules, the parties themselves could read the evaluator's report and raw materials.
A woman's claim that her unlicensed street vending of homemade rings that carry environmental messages was protected political speech has been rejected by an appellate panel in Manhattan.
The "fugitive disentitlement doctrine," which denies judicial relief to criminal defendants who evade a court's reach, can be applied to the case of a mother who fled to Nigeria and stalled child support proceedings for months, a unanimous Second Department panel has ruled.
The remains of Olympic athlete and football legend Jim Thorpe should stay in the Pennsylvania town that bears his name, the Third Circuit has ruled, holding it would be an "absurd result" to uphold a district court judge's determination to move them to an Indian reservation in Oklahoma.
The Legal Aid Society has named Justine Luongo as attorney-in-charge of its Criminal Practice, overseeing 1,100 staff members representing more than 230,000 indigent New Yorkers a year.
In a fight between Nassau County District Attorney's Office and Jesse Friedman, who insists he was wrongfully convicted more than 25 years ago, the judge assigned to a vacatur bid rejected calls for recusal.
Aereo's bid to recast itself as a cable company on the heels of a major loss at the U.S. Supreme Court in June foundered Thursday as Southern District Judge Alison Nathan issued a nationwide preliminary injunction barring the video streaming company from retransmitting programs to subscribers while the programs are being broadcast without paying broadcasters.
The chance that one of New York City's two top federal prosecutors will get a promotion to U.S. attorney general may have gotten a boost after former White House counsel Kathryn Ruemmler reportedly told President Barack Obama she doesn't want to be nominated.
Raghubir K. Gupta, whose immigration fraud conviction was overturned only to be convicted of the offense again on retrial, has been disbarred.
The New York City Trial Lawyers Alliance held its Eightieth Annual Banquet on Thursday, when it presented awards to Justice George J. Silver and Ahmuty, Demers and McManus partner Phillip J. McManus.
A New York bank may not be compelled to garnish the funds of a debtor that are being held in accounts of the bank's own foreign branches, a divided Court of Appeals ruled Thursday.
The Second Circuit said the U.S. Supreme Court decision in 'Kiobel v. Royal Dutch Petroleum' leaves the plaintiffs, victims of torture under the regime of Saddam Hussein, without redress in U.S. courts against companies who allegedly undermined the U.N.'s Oil-for-Food program.
Southern District Chief Judge Loretta Preska, in her first annual State of the Southern District address Thursday, commended members of the bar for rallying to the cause of adequate funding at a time when the courts came "shockingly close to being unable to fulfill our constitutional responsibilities to resolve the cases before us."
NBA player Larry Sanders is known for his shot blocking skills, but now it's his former agent getting blocked, as Justice Eileen Bransten dismissed tort and unjust enrichment claims he brought against Sanders' new agent.
Justice Ruth Bader Ginsburg's dissent in a Texas voter ID case last week contained an error that has now been deleted, the U.S. Supreme Court said Wednesday.
The New York City Bar Tuesday dedicated its new library lounge which allows members and guests to talk and make phone calls without disturbing other users of the library.
The Southern District of New York has announced a series of events to mark its 225th anniversary that will kick off Nov. 4 and run through October 2015. Events include a special session Nov. 4 to commemorate the first session of any court under the U.S. Constitution, a reenactment of the Pentagon Papers case in January, and yearlong courtroom sketch exhibitions.
After a trial in which the defense pushed claims of abusive interrogation tactics by an investigator with the Putnam County Sheriff's office, Jeffrey Deskovic has won a $41.65 million verdict against the county for his wrongful conviction for the rape and murder of a high school classmate that cost him 16 years behind bars.
Ruling that lifeguards who attempted to rescue 10-year-old Akira Johnson at a Coney Island beach in July 2008 were sufficient in number and "adequately trained," the Second Department overruled Brooklyn Supreme Court Justice Carl J. Landicino, who had let the case go forward.
Fidel Del Valle has been appointed by Mayor Bill de Blasio as the new commissioner of the city's Office of Administrative Trials and Hearings, which hears challenges to city sanctions for regulatory breaches, such as littering and illegal vending or procuring city contracts by fraud.
William Scher acknowledged he was the subject of a disciplinary investigation into allegations he used client escrow funds for personal expenses, and Eric Valley resigned after the disciplinary committee sought to impose reciprocal discipline for misconduct in Washington state.
A client's failure to appeal in an underlying action bars a legal malpractice suit only where it is determined that the client was likely to have prevailed in the appeal, the state Court of Appeals had decided.
A ruling that permitted evidence that three men accused of extortion against business owners had ties to organized crime did not taint the trial that ended in their convictions, the Second Circuit has ruled.
The New York City Department of Correction does not have the authority, without a court order or probable cause, to hold people beyond the end of their sentences based on detention requests issued by federal immigration authorities, a Brooklyn judge has ruled.
Two investment funds have sued 20-attorney Gilbride, Tusa, Last & Spellane, claiming the firm failed to perfect the funds' security interest in life insurance policies, leading to more than $84 million in damages.
Victory is sweet—or, more appropriately, savory—for Brazilian steakhouse chain Fogo de Chao, which prevailed on Tuesday in a dispute with federal immigration officials, who had refused to consider "culturally acquired knowledge" in deciding whether to grant a work visa for one of the company's chefs.
Southern District Judge Lewis Kaplan Wednedsay told prosecutors and lawyers for Anas Al Liby and Khaled Al Fawwaz that the Nov. 3 date set for jury selection in their case is now Jan. 12.
Southern District U.S. Attorney Preet Bharara, who took over the files of New York's Moreland anti-corruption commission, said Wednesday that investigations into Albany's pay-to-play politics are continuing.
The Appellate Term, First Department, noted that the statute required only that the applicant, a transgender woman, state her "'residence', not legal residence, and considerations of citizenship immigration should not be lightly imported" into the statute.
A judge has imposed a temporary restraining order blocking prosecutors from obtaining, without a court order, recordings of telephone calls from inmates at the local jail.
The state's Unified Court System has released its voters guide for the judicial offices being decided this year.
The City Bar Justice Center presented its sixth annual Jeremy G. Epstein Awards for Outstanding Pro Bono Service on Monday.
The Cuomo administration and the NYCLU Tuesday announced the settlement of a suit challenging New York's system of providing legal services to indigent criminal defendants. The agreement applies to representation of the poor in the five counties named as defendants in the seven-year-old litigation.
The state Court of Appeals reinstated a defamation suit Tuesday against Syracuse University and basketball coach Jim Boeheim for criticisms he leveled at two former Syracuse ballboys who accused his friend and top assistant Bernie Fine of molesting them.
An attorney accused by a judge of ignoring his instructions not to mention punitive damages and of acting strangely during closing argument in the products liability litigation over the bone-density drug Fosamax has had sanctions against him lifted by a federal appeals court.
A historic bar and restaurant near Gramercy Park will be allowed to operate its sidewalk cafe through the end of its lease despite its landlord's refusal to give approvals required by New York City's sidewalk cafe license renewal process, a First Department panel has ruled.
A building owner's sole reliance on temperature records, without expert testimony or other evidence, was not enough to rebut the claim of a woman that the sidewalk where she fell was covered with ice, a state judge has concluded.
Ruth Bader Ginsburg said that Saturday morning's unheard-of predawn order allowing new voter identification rules to take effect in Texas was the result of last-minute filings from parties on Friday, in addition to a mid-afternoon memo about the case circulated by Justice Antonin Scalia, the court member who handles emergency appeals from Texas.
Acting Manhattan Supreme Court Justice Melissa Jackson has been named administrative judge of New York City Criminal Court. Acting Brooklyn Supreme Court Justice Alexander Jeong will serve as deputy administrative judge.
Haroun Aswat, a citizen of the United Kingdom accused of providing material support to al Qaida, pleaded not guilty to four charges yesterday in the Southern District.
Southern District Chief Judge Loretta Preska will deliver her first annual State of the Southern District report on Thursday, Oct. 23 at the New York County Lawyers' Association.
Criminal defense firm Raiser & Kenniff is suing the Nassau County district attorney's office and the sheriff, alleging prosecutors are listening to inmates' recorded jail calls and reviewing privileged conversations.
Brooklyn prosecutors are accusing Kenneth Gellerman of Bellmore of stealing more than $100,000 from clients he represented in personal injury cases, failing to pay them some or all of their settlement money.
More than 20 lawyers and law student members of the Muslim Bar Association of New York prepared and served 200 meals to the homeless in Manhattan's Tompkins Square Park at their first annual "MuBANY Fights Hunger" event.
Kramer Levin, White & Case, Borah Goldstein and Bracewell & Giuliani have each added attorneys, while White & Case has promoted four attorneys to partner.