The issue before the Court of Appeals of New York, in Aetna Health Plans v. Hanover Ins. Co., 2016 N.Y. Slip Op. 04658 (N.Y. June 14, 2016) was whether a health insurer that paid for medical treatment that arguably should have been covered by the insured's no-fault automobile insurance carrier could maintain a reimbursement claim against the no-fault insurer within the framework of the New York no-fault law. The Court ruled that the health insurer could not [...]
The New York State Appellate Division of the Supreme Court for the First Department in Rodriguez v City of New York (2016 NY Slip Op 05943, Decided on September 1, 2016), revisited “a vexing issue regarding comparative fault: whether a plaintiff seeking summary judgment on the issue of liability must establish, as a matter of law, that he or she is free from comparative fault. This issue has spawned conflicting decisions between the judicial departments, as [...]
A federal appeals court for the fourth circuit had decisively struck down North Carolina’s voter identification law, holding that its provisions deliberately “target African-Americans with almost surgical precision” in an effort to depress black turnout at the polls. The United States Supreme Court now turned away, by a 4-4 vote, an emergency appeal from North Carolina which was hoping to reinstate new voting rules that were struck down. In NORTH CAROLINA, ET AL. V. NC CONFERENCE [...]
The United States Supreme Court in McDONNELL v. UNITED STATES held that an “official act” is a decision or action on a “question, matter, cause, suit, proceeding or controversy.” That question or matter must involve a formal exercise of governmental power, and must also be something specific and focused that is “pending” or “may by law be brought” before a public official. To qualify as an “official act,” the public official must make a decision or [...]
The United States Supreme Court Declares Same-Sex Marriage Legal In All 50 States. In OBERGEFELL V. HODGES, a landmark decision, the Court held in a 5–4 decision that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.