New York Court of Appeals

  • Supreme Court SCOTUS photo by David Lat

    Art, Banking Law, Canada, Gay, Morning Docket, Politics, SCOTUS, Sexual Harassment, State Judges, Supreme Court, United Kingdom / Great Britain, Wall Street

    Morning Docket: 10.28.14

    * Some observers do not appreciate the U.S. Supreme Court’s recent Delphic pronouncements on a slew of hot-button issues. [New York Times]

    * The New York Court of Appeals does international banks a solid — but is it bad policy? [Reuters]

    * Fired Canadian radio host Jian Ghomeshi hires Dentons to sue CBC, which dismissed him over allegations of sexual misconduct. [American Lawyer]

    * Is post-Citizens United money polluting judicial elections? [New York Times via How Appealing]

    * An Englishman sues Sotheby’s, alleging that the auction house negligently failed to inform him that a painting he sold through Sotheby’s was by Caravaggio and worth millions. [BBC]

    * If you’re a lawyer looking for extra income, check out Avvo’s new service, which offers consumers on-demand legal advice for a fixed fee. [Law Sites via ABA Journal]

    * Is it reversible error for a judge to refuse to ask voir dire questions related to sexual-preference prejudices? [Southern District of Florida via How Appealing]

    17 Comments / / Oct 28, 2014 at 9:09 AM
  • Say farewell to 4 Times Square.

    Biglaw, Lawyerly Lairs, Real Estate

    Lawyerly Lairs: Skadden Makes A Major Move

    The neighborhood Skadden is moving to isn’t very pretty right now, but that might change in the years to come.

    26 Comments / / Oct 23, 2014 at 2:02 PM
  • 220px-NYSCourtofAppeals1

    Bankruptcy, Biglaw, Dewey & LeBoeuf, Election Law, FTC, Legal Ethics, Morning Docket, Sexual Harassment, White-Collar Crime

    Morning Docket: 07.02.14

    * The New York Court of Appeals put the hurt on defunct firms seeking unfinished business fees from former partners who left for greener pastures. Sorry, I didn’t follow ATL protocol: “Dewey think firms should collect unfinished business fees?” [Wall Street Journal Law Blog]

    * We reported on the Tinder lawsuit yesterday. Here’s a collection of all the messed up texts involved. [Valleywag]

    * Facebook’s lawyer is now calling the emotional manipulation study it recently conducted “customer service.” Dear Internet: Despite all your rage, you’re still just rats in a cage. [The Atlantic]

    * So if you’re studying for the MPRE, blow jobs aren’t the preferred legal fee. [Legal Profession Blog]

    * How did your last cell phone bill look? Because the FTC says T-Mobile knowingly added hundreds of millions of charges on. At least that girl in pink was cute, huh? [USA Today]

    * BNP Paribas is confident it can pay its record fine. [Dealbook / New York Times]

    * Meanwhile, Putin accused the U.S. of trying to use the BNP fine to blackmail France into turning its back on Russia. Because conspiracy theories are awesome. [Bloomberg]

    * Lawsuit filed because right-wingers totally miffed that black people voted for a Republican. [Sun Herald (Mississippi)]

    / Jul 2, 2014 at 9:06 AM
  • 484px-John_Marshall_by_Henry_Inman,_1832

    10th Circuit, Christopher Christie, Drugs, Gay Marriage, Labor / Employment, Law Reviews, New Jersey, Non-Sequiturs, SCOTUS, Sports, Technology

    Non-Sequiturs: 10.21.13

    * Law firm Halloween party advice. I disagree with some of this — my “Sexy John Marshall” costume was always a hit. [Greedy Associates / FindLaw]

    * The Supreme Court is expected to review a 10th Circuit decision holding that corporations are people and can exercise religious rights. Hopefully the Supreme Court stops this madness before my cable company has the right to bear arms. [Constitutional Accountability Center]

    * Governor Chris Christie has dropped his appeal of the New Jersey court decision authorizing same-sex marriage. He finally worked out that his own homophobia wasn’t worth being on the wrong side of 61 percent of Jersey voters. [Politico]

    * Let’s go get some Molly! [Law and More]

    * California is tightening up its Workers’ Comp rules for former professional athletes. From now on, injured ex-jocks need to prove a more significant tie to the state to collect compensation. This presents a problem for a lot of former football players who now have to admit they played for the Raiders. [The Legal Blitz]

    * Judge Smith of the New York Court of Appeals gets a scathing open letter. It’s fun when lawyers go “Flame On!” toward judges they might eventually be in front of. [New York Personal Injury Law Blog]

    * Governor Rick Snyder is asking a judge to drop her request to see unredacted copies of internal emails about the search for the Detroit emergency manager. Because nothing seemed sketchy about employing a law that had been specifically repealed by Michigan voters to overturn the democratically elected leadership of a major metropolis to install a partner from a firm that just so happens to get chosen as bankruptcy counsel, earning a ton of fees from the whole affair. Nothing at all. [Detroit News]

    * Guy sues Apple because he hates iOS 7. Not the dumbest suit ever brought against Apple. [BGR]

    * Entertainment lawyer Harry M. Brittenham moonlights as the author of graphic novels. A lawyer writing comic books may sound like a guy living in his mom’s basement, but he’s actually married to Heather Thomas from The Fall Guy. [New York Times]

    * Not everyone thinks law reviews are awful. [The Volokh Conspiracy]

    6 Comments / / Oct 21, 2013 at 5:01 PM
  • Tips jar RF

    Food, Labor / Employment, Money

    This Tipping Automatically, It’s For The Birds

    Watching Starbucks employees fight for tips is like watching homeless people fight over a sandwich….

    41 Comments / / May 29, 2013 at 11:16 AM
  • Adoption, B for Beauty, Depositions, Hair, Law Schools, Morning Docket, Ted Frank

    Morning Docket: 03.29.13

    * The latest update on the law school litigation front represents good news for New York Law School. [National Law Journal]

    * Should summarizing a one-day deposition transcript really cost $90,000? Even DLA Piper might blush at such a bill. [Point of Law]

    * Ropes & Gray isn’t backing down in the discrimination lawsuit brought by former partner Patricia Martone. (We’ll have more on this later.) [Am Law Daily]

    * No, silly polo mogul, you can’t adopt your 42-year-old girlfriend to shield your fortune from litigation. [ABA Journal]

    * Replacing “barbers” with “beauty culturists”? This is Indiana and not California, right? [WSJ Law Blog]

    13 Comments / / Mar 29, 2013 at 9:33 AM
  • 220px-NYSCourtofAppeals1

    Affirmative Action, Andrew Cuomo, Sonia Sotomayor

    Andrew Cuomo Pads His White House Quals By Having Senate Crap All Over His Nominee

    The New York Senate has decided to give Andrew Cuomo a taste of the presidency by acting like toddlers and dissing his Court of Appeals nominee.

    12 Comments / / Feb 5, 2013 at 3:38 PM
  • 'If they take my stapler then I'll set the building on fire...'

    3rd Circuit, Andrew Cuomo, Basketball, Biglaw, Celebrities, Copyright, Crime, Guns / Firearms, Law Professors, Law Schools, Morning Docket, Rap, Sports, State Judges

    Morning Docket: 01.16.13

    * “It’s very hard to copyright a story about an individual growing up in the ghetto and getting involved in crime.” Go Third Circuit, it’s your birthday, we gon’ affirm that like it’s your birthday. [New Jersey Law Journal (reg. req.)]

    * I believe you have my stapler? A former Fried Frank staffer has been accused of stealing more than $376K worth of copy machine ink from the firm and selling it on the black market for office supplies. [Am Law Daily]

    * Governor Andrew Cuomo nominated Jenny Rivera, a CUNY School of Law professor, to fill a vacant New York Court of Appeals seat. If confirmed, she’ll be the second Hispanic to sit on the court. [New York Law Journal]

    * This’ll please the gun nuts: Governor Cuomo’s gun-control bill was passed by the legislature and signed into law, officially making New York the state with the toughest gun restrictions in the nation. [New York Times]

    * And this right here is the lawsuit equivalent of half-court heave. A lawyer is suing the San Antonio Spurs because the team’s coach sent all of its best players home to rest without the fans’ prior knowledge. [ESPN]

    13 Comments / / Jan 16, 2013 at 9:01 AM
  • DaNae Couch

    Andrew Cuomo, B for Beauty, Biglaw, Department of Justice, FTC, Google / Search Engines, Law Schools, Morning Docket, New York Times, Patents, State Judges, Wall Street Journal

    Morning Docket: 01.04.13

    * The Department of Justice has reached yet another settlement in the Deepwater Horizon oil spill case, this time with Transocean Ltd. for $1.4 billion in civil and criminal penalties and fines. [National Law Journal]

    * “[W]ith success comes regulatory scrutiny.” Google convinced the FTC to close its ongoing antitrust probe by promising to change its allegedly shady patent usage and purportedly skewed search terms. [Bloomberg]

    * According to Littler Mendelson, federal contractors might want to consider sending out sequestration-related layoff notices to employees in order to comply with the WARN Act. America, f**k yeah! [Government Executive]

    * Governor Andrew Cuomo will have a major impact on the New York Court of Appeals when appointing new judges. It could be a partisan decision, but his father, former Governor Mario Cuomo, insists his son will leave politics at home. [Capital New York]

    * When you write in defense of the value proposition of law school, you wind up in the op-ed pages of the NYT. When you tell the truth about it, you wind up in the opinion pages of the WSJ. [Wall Street Journal (sub. req.)]

    * Remember Danae Couch, the Texas Tech law student who was crowned as Miss Texas? She’ll compete for the Miss America title next weekend. If you’d like to help her become a finalist, you can vote for her here! [KFYO]

    0 Comments / / Jan 4, 2013 at 9:11 AM
  • Zhang Ziyi

    Andrew Cuomo, Biglaw, Constitutional Law, Guns / Firearms, Holland & Knight, Non-Sequiturs, State Judges, Technology

    Non-Sequiturs: 12.27.12

    * I don’t fully understand this story, but it involves the beautiful and deadly Zhang Ziyi and a SLAPP suit. [Techdirt]

    * I’m interested in who Andrew Cuomo appoints to the New York Court of Appeals, just because I’m interested in how Cuomo picks judges. You know, just because 2016-2020 could be an interesting time when it comes to shifting the balance of power on the Supreme Court. [WiseLaw NY]

    * A Holland & Knight partner is leaving to start teaching an “Indigent Defense” class at Georgetown. I’m not sure who is teaching the companion class: “Blood From A Rock: How To Get Fees Out Of Indigent Clients.” [Legal Blog Watch]

    * I swear I was absent the day they explained that the NRA is the fifth branch of government in civics class. [PrawfsBlawg]

    * Mmm… negative liberty. [Josh Blackman’s Blog]

    * This seems like a good time to say that I watch This Week with George Stephanopoulos instead of Meet the Press. But I really think that DCPD has better things to do than investigate David Gregory’s ammo clip prop. [Slate]

    2 Comments / / Dec 27, 2012 at 5:01 PM
  • middle finger lights

    ACLU, Antonin Scalia, Bernie Madoff, Biglaw, Crime, Deaths, Federal Judges, Football, Free Speech, Law Schools, Mergers and Acquisitions, Morning Docket, Partner Issues, Prisons, Robert Bork, Ruth Bader Ginsburg, SCOTUS, Sentencing Law, State Judges, Supreme Court

    Morning Docket: 12.21.12

    * Seven out of nine sitting Supreme Court justices were silent when it came to the passing of Robert Bork. Justice Antonin Scalia, of course, issued a public statement, as did liberal Justice Ruth Bader Ginsburg (surprise!). [WSJ Law Blog (sub. req.)]

    * No one ever really doubted that it would take an army of Biglaw lawyers from the likes of Sullivan & Cromwell, Shearman & Sterling, and Wachtel Lipton to handle a monumental deal like the proposed $8.2 billion NYSE/ICE merger. [Am Law Daily]

    * Can you coach with Nick Saban and be a Miller Canfield partner at the same time? No. But you can sue (and win!) when the firm allegedly forces you out due to its “culture of fear and intimidation.” [Detroit Free Press]

    * Justice Rolando Acosta, who wrote the opinion upholding the dismissal of the class action case against NYLS, rates well among his peers as a nominee for the New York Court of Appeals. [New York Law Journal]

    * Peter Madoff was sentenced to ten years in prison for his role in Bernie Madoff’s Ponzi scheme, but the judge will probably let him go to his granddaughter’s bat mitzvah before shipping him to the pokey. [Bloomberg]

    * Merry Christmas, now go f**k yourself. A federal judge has given a woman in Louisiana free rein to display holiday lights on her roof in the form of an extended middle finger. God bless America. [CBS 3 Springfield]

    7 Comments / / Dec 21, 2012 at 9:07 AM
  • change-all-the-thngs

    7th Circuit, American Bar Association / ABA, Bankruptcy, Barack Obama, Baseball, Deaths, Dewey & LeBoeuf, Disasters / Emergencies, Family Law, Federal Judges, Judicial Nominations, Law Schools, Morning Docket, Pro Bono, S.D.N.Y., State Judges, State Judges Are Clowns, Texas

    Morning Docket: 11.15.12

    * In a move to “end the vacancy crisis,” one week after being reelected, and one day after the Senate returned to session, Barack Obama nominated seven people for open seats on federal district courts, including two S.D.N.Y. slots. [Blog of Legal Times]

    * Dewey know how much the Los Angeles Dodgers will have to pay the now defunct firm for its work on the team’s Chapter 11 bankruptcy case? About $13M — the equivalent of their pitcher’s salary, or 62% of their first baseman’s pay. [WSJ Law Blog]

    * Which Biglaw firms in the Am Law 200 are the most LGBT friendly? Overall, of the 145 firms that participated in the Human Rights Campaign’s survey, 71 received perfect scores. Absolutely fabulous! [Am Law Daily]

    * The American Bar Association’s Task Force on the Future of Legal Education wants to know what should be done about law schools. This is a time to keep it simple, stupid: change EVERYTHING! [National Law Journal]

    * The New York Court of Appeals invoked the Major Disaster Rule for the first time ever, allowing out-of-state attorneys to perform pro bono services for Hurricane Sandy victims. [Thomson Reuters News & Insight]

    * William Adams, the Texas family court judge who got caught beating his daughter, returned to the bench yesterday after a year-long suspension. At least he won’t get physical abuse cases, anymore. [Fox News]

    * John Coffey, Senior Status Judge of the Court of Appeals for the Seventh Circuit, RIP. [Journal Sentinel]

    1 Comment / / Nov 15, 2012 at 9:02 AM
  • barack__obama

    Barack Obama, Biglaw, Deaths, Disasters / Emergencies, Election 2012, Election Law, Eric Holder, Gay Marriage, In-House Counsel, Law Schools, Marijuana, Morning Docket, State Judges

    Morning Docket: 11.07.12

    * “We know in our hearts that for the United States of America, the best is yet to come.” Barack Obama was re-elected as president. Bring on the hope and change! No, seriously. [New York Times]

    * In news that shouldn’t come as a surprise, regardless of who won the presidential race, there are still post-election voting issues that will likely be resolved in the courts. [Blog of Legal Times]

    * But what we really want to know is who will be our country’s next attorney general. Because if anyone can fill Eric Holder’s shoes, it’s Preet Bharara, the U.S. attorney for the S.D.N.Y. [WSJ Law Blog]

    * In other important news, several states approved gay marriage ballot initiatives, and others legalized marijuana. But hopefully you don’t have a case of the munchies yet, because federal law still says it’s illegal. [CNN]

    * They helped American citizens “ba-rock” the vote: hundreds of law students from around the country rallied around the craziness of Election Day to volunteer their assistance to worthy causes. [National Law Journal]

    * Biglaw firms in NYC are still reeling after Hurricane Sandy. While WilmerHale set up temporary offices last week, both SullCrom and Fried Frank could be out of commission for weeks. [Reuters; New York Times]

    * At this point, in-house counsel are kind of like the McKayla Maroneys of the legal profession, because they are seriously unimpressed with outside counsel’s efforts to improve services and fees. [Corporate Counsel]

    * Judge Theodore Jones, associate judge of the New York Court of Appeals, RIP. [New York Law Journal]

    4 Comments / / Nov 7, 2012 at 9:05 AM
  • Red tape

    American Bar Association / ABA, Disasters / Emergencies, Law Schools

    NYU Law Students Can Blame Sandy (And The ABA) For Their Super-Long Classes

    NYU Law School introduces a grueling new schedule to make up for the class days lost thanks to Hurricane Sandy.

    18 Comments / / Nov 2, 2012 at 10:14 AM
  • Lindsay-Lohan_82

    Barack Obama, Biglaw, Donald Trump, Election 2012, Gay Marriage, Gloria Allred, Insider Trading, Lindsay Lohan, Morning Docket, SCOTUS, White-Collar Crime

    Morning Docket: 10.24.12

    * While the mainstream media may claim the presidential race between Barack Obama and Mitt Romney is neck-and-neck in a dead heat, the majority of Am Law 200 managing partners are predicting the incumbent will be reelected for another four years. [Am Law Daily]

    * In the meantime, infamous media whores Donald Trump and Gloria Allred have both promised “October surprises” for our presidential candidates. Guess we’ll finally find out what they’re yapping about later today after Allred gets back from court and the Don tweets. [ABC News]

    * “These [lawyers] are my kind of scum. Fearless and inventive.” Raj Rajaratnam’s attorneys plan to appeal his insider trading conviction later this week on claims that the government improperly wiretapped him. [DealBook / New York Times]

    * There’s no way this statute is going to be pushed back into the closet. New York’s Court of Appeals rejected a challenge to the state’s gay marriage law on the basis of a violation of open-meeting laws. [Bloomberg]

    * Lindsay Lohan’s father wants a judge to place the fading star under a conservatorship. Hey, it worked for Britney Spears, right? And on the plus side, it’s a great way to get her name back into the news. [CNN]

    1 Comment / / Oct 24, 2012 at 9:07 AM
  • stripper pole dancer

    Entertainment Law, Free Speech, Nude Dancing, State Judges, Tax Law

    New York Judges at Opposite Poles Over Tax Treatment of Nude Dancing

    The New York Court of Appeals just ruled on whether strip clubs can claim a sales tax exemption for admission and lap dance fees. What did the court decide?

    11 Comments / / Oct 23, 2012 at 1:34 PM
  • nude RF

    Entertainment Law, Free Speech, Labor / Employment, Nude Dancing, State Judges, Tax Law, Texas

    Stripper Law: A Potpourri of Pleadings From the Pole

    Some sad news, from New York and Texas, for strippers and strip club aficionados…

    19 Comments / / Sep 6, 2012 at 12:48 PM
  • Talk about a pole tax...

    Animal Law, Biglaw, Department of Justice, Dewey & LeBoeuf, Election 2012, Election Law, Federal Judges, Immigration, Minority Issues, Money, Morning Docket, Nude Dancing, Partner Issues, Police, Politics, Tax Law

    Morning Docket: 09.06.12

    * Dewey know if Citibank is planning to sue other former D&L partners over their capital contribution loans? According to one court document filed by Luskin Stern & Eisler, the bank’s counsel, the fun has just gotten started. [Am Law Daily]

    * Unlike the voter ID laws in Texas and South Carolina, the Department of Justice has approved New Hampshire’s law of the same ilk. Apparently hippies from the “Live Free or Die” state are incapable of discrimination against minorities. [CNN]

    * Arizona, on the other hand, can discriminate against minorities all the live long day — for now. A federal judge ruled that the “show me your papers” provision of S.B. 1070, the state’s strict immigration law, may be enforced. [Bloomberg]

    * The latest argument raised in the case over the Mongolian Tyrannosaurus Bataar skeleton is that the bones are actually a “Frankenstein model based on several creatures.” This movie is getting boring. [WSJ Law Blog]

    * “[T]he state of New York doesn’t get to be a dance critic.” We’re sure that any man would gladly tell the New York Court of Appeals that lap dancing is a form of art, but should it enjoy a tax exemption? [Associated Press]

    6 Comments / / Sep 6, 2012 at 9:10 AM

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