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Posts Categorized: Appeals

Posted: May 29, 2014

Court of Appeals Arguments of Interest for the Week of June 2, 2014

Arguments the week of June 2, 2014, in the Court of Appeals that may be of interest to commercial litigators. No. 129: People v. John F. Haggerty, Jr. (To be argued Tuesday, June 3, 2014) (this is a criminal case addressing an evidentiary issue also relevant to commercial litigators—the best evidence rule: specifically, whether the testimony... Read more »

Posted: May 19, 2014

Second Circuit Affirms EDNY Interpretation Of Child Pornography Statute

On May 15, 2014, the Second Circuit issued a decision in United States v. Lockhart, Docket No. 13-602-CR, applying several canons of statutory interpretation to a child pornography statute. In Lockhart, the EDNY sentenced the defendant to a minimum term of ten years for possessing child pornography, following “18 U.S.C. § 2252(b)(2), which requires a minimum term... Read more »

Posted: May 16, 2014

Transcripts and Videos of Arguments in the Court of Appeals for the Week of May 5, 2014, Now Available

On May 1, 2014, we noted four cases of interest from the oral arguments for the week of May 5, 2014: Docket No. 121: Norex Petroleum Limited v. Blavatnik (addressing whether “CPLR 202, New York’s borrowing statute, which requires a nonresident plaintiff to satisfy the statute of limitations of New York and of the foreign jurisdiction where the... Read more »

Posted: May 10, 2014

New York Insurance Law Does Not Require Arbitration Of Insurer’s Claim To Recover Payments On Fraudulent Claims

On May 6, 2014, the Second Circuit issued a decision in Allstate Insurance Co. v. Mun, Docket No. 13-1424-CV, holding that while the New York Insurance Law gives a medical provider the right to demand arbitration of a refusal to pay a claim, that right does not extend to a claim by an insurer to recover... Read more »

Posted: May 2, 2014

Order is Not Appealable Merely Because it Contains Language or Reasoning that a Party Deems Adverse to its Interests

On April 30, 2014, the Second Department issued a decision in George Tsunis Real Estate, Inc. v. Benedict, 2014 NY Slip Op. 02899, discussing types of orders that are not interlocutorily appealable. In George Tsunis Real Estate, the plaintiff and defendant both appealed the trial court’s denial of the plaintiff’s motion for summary judgment. The... Read more »

Posted: May 1, 2014

Court of Appeals Arguments of Interest for the Week of May 5, 2014

Arguments the week of May 5, 2014, in the Court of Appeals that may be of interest to commercial litigators. Docket No. 121: Norex Petroleum Limited v. Blavatnik (To be argued Tuesday, May 6, 2014) (addressing whether “CPLR 202, New York’s borrowing statute, which requires a nonresident plaintiff to satisfy the statute of limitations of New York and... Read more »

Posted: April 28, 2014

Court of Appeals Arguments of Interest for the Week of April 28, 2014

An argument on April 29, 2014, in the Court of Appeals that may be of interest to Commercial Division practitioners is: Docket No. 96: IDT Corp. v. Tyco Group, S.A.R.L. (To be argued April 29, 2014) (addressing the duration of a party’s obligation to negotiate final terms of an agreement when they have contractually obligated themselves to... Read more »

Posted: April 28, 2014

RICO Applies To Foreign Enterprises When Underlying Predicates Were Intended To Apply To Such Conduct

On April 23, 2014, the Second Circuit issued a decision in European Community v. RJR Nabisco, No. 11-2475-cv, reversing a decision of the EDNY holding that “RICO does not apply to enterprises outside the United States.” In European Community, the plaintiff asserted RICO and associated state law claims against the defendants alleging a multi-step international scheme involving “the... Read more »

Posted: April 23, 2014

Removal Clock For Class Action Fairness Act Does Not Start Until Plaintiff Discloses Facts Showing Removability

On April 17, 2014, the Second Circuit issued a decision in Cutrone v. Mortgage Electronic Registration Systems, Inc., No. 14-455-CV, holding that the 30-day time windows to remove an action under the Class Action Fairness Act (“CAFA”) do not start to run until the plaintiff serves the defendant with a document specifying the damages sought or... Read more »