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Posts Categorized: Appeals

Posted: February 9, 2016

Arguments of Interest in the Court of Appeals for the Weeks of February 8 and 15, 2016

Upcoming arguments in the Court of Appeals of interest to commercial litigators: Case No. 28: Matter of Aoki v. Aoki (to be argued February 10, 2016) (“Powers–Power of appointment–Validity of irrevocable partial release–Constructive fraud–Whether the Appellate Division erred in determining that (1) the burden-shifting framework for constructive fraud by a fiduciary applies only where the… Read more »

Posted: January 29, 2016

Second Circuit Examines Appealability of Non-Final Orders

On December 9, 2015, the Second Circuit issued a decision in Rodriguez v. Anderson, 14-3828(L), dismissing an appeal because it was from a non-final order. In Rodriguez, both the plaintiff and certain defendants appealed the denial of their motions for summary judgment. The Second Circuit dismissed their appeals, explaining, with respect to the plaintiff’s appeal:… Read more »

Posted: December 26, 2015

Arguments of Interest In the Court of Appeals for the Week of January 4, 2016

Arguments in the Court of Appeals for the week of January 4, 2016, that may be of interest to commercial litigators: Case No. 4: Selective Insurance Company of America v. County of Rensselaer (to be argued Monday, January 4, 2016) (“Insurance–Liability insurance–Police Professional Liability Policy–Settlement of class action lawsuit seeking damages for individuals strip searched… Read more »

Posted: November 25, 2015

Appeal Dismissed As Untimely Based on Unsuccessful Attempt to E-File

On October 30, 2015, the Second Circuit issued a decision in Franklin v. McHugh, No. 14‐4096‐CV, dismissing an appeal as untimely because the electronic filing of the notice of appeal, although timely attempted (and believed by counsel to have been timely made) was not successfully processed by the court’s electronic filing system. In Franklin, the… Read more »

Posted: November 10, 2015

Court of Appeals Arguments of Interest for the Week of November 16, 2015

Upcoming oral arguments in the Court of Appeals the week of November 16, 2015, that may be of interest to commercial litigators include: Cal. No. 200: Cusimano v Schnurr (to be argued Wednesday, November 18, 2015) (“Arbitration–Federal Arbitration Act (FAA)–Agreements involving interstate commerce– commercial real estate–whether the Appellate Division erred in concluding that the FAA… Read more »

Posted: October 30, 2015

Transcripts and Videos of Arguments in the Court of Appeals for the Week of October 12, 2015, Now Available

On September 30, 2015, we noted one case of interest from the oral arguments for the week of October 12, 2015: Cal. No. 153: Pegasus Aviation I, Inc. v. Varig Logistica S.A. (argued Tuesday, October 13, 2015) (“Evidence–Loss or destruction of evidence–Relevance of spoliated documents–Whether MP defendants exercised sufficient control over defendant Varig Logistica to… Read more »

Posted: October 7, 2015

Appeal Dismissed As Untimely Despite Appellant’s Observance of District Court Rules

On September 16, 2015, the Second Circuit issued a decision in Weitzner v. Cynosure, Inc., 14-723-CV, dismissing an appeal that was untimely only because the appellant followed the district judge’s rules regarding when to file a motion for reconsideration. In Weitzner, the appellants “moved for reconsideration” of the EDNY’s decision dismissing their complaint, “but, in… Read more »

Posted: September 30, 2015

Court of Appeals Arguments of Interest for the Week of October 12, 2015

Upcoming oral arguments in the Court of Appeals the week of October 12, 2015, that may be of interest to commercial litigators include: Cal. No. 153: Pegasus Aviation I, Inc. v. Varig Logistica S.A. (to be argued Tuesday, October 13, 2015) (“Evidence–Loss or destruction of evidence–Relevance of spoliated documents–Whether MP defendants exercised sufficient control over… Read more »

Posted: September 21, 2015

Transcripts and Videos of Arguments in the Court of Appeals for the Week of September 7, 2015, Now Available

On September 2, 2015, we noted three cases of interest from the oral arguments for the week of September 7, 2015: Cal. No. 122: Nomura Asset Capital Corp. v. Cadwalader, Wickersham & Taft, LLP (argued Tuesday, September 8, 2015) (“Action against law firm alleging failure to provide appropriate legal advice and the rendering of a… Read more »