Artibee v Home Place Corp., 2017 NY Slip Op 01145 Decided on February 14, 2017 Court of Appeals Stein, J.

2017-08-30T00:25:48+00:00 August 30th, 2017|Legal News|

New York State’s highest Court held that New York State is not subject to liability apportionment when a plaintiff claims the State (as a defendant) and private party (co-defendant) liable for noneconomic losses in a personal injury action.  A strong dissent was rendered criticizing the majority opinion as giving the State preferential status over the other tortfeasors despite no legislative support. Plaintiff suffered injuries while traveling on a state highway when a large branch broke off [...]

Reimbursement Claim for No-Fault Paid to Health Insurer Not Permitted

2016-11-05T15:59:17+00:00 October 28th, 2016|Legal News|

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 [...]

Summary Judgment and No Comparative

2016-10-27T06:08:29+00:00 September 7th, 2016|Legal News|

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 [...]


2016-09-02T19:07:17+00:00 September 2nd, 2016|Legal News|

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 [...]

OFFICIAL ACT by Elected Officials

2016-09-02T22:15:26+00:00 June 27th, 2016|Legal News|

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 [...]


2016-09-02T22:15:42+00:00 June 26th, 2015|Legal News|

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.