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Extensive Rule Changes to Joint Local Civil Rules in S.D.N.Y. and E.D.N.Y

Effective July 1, 2024, the United States District Court for the Southern and Eastern Districts of New York will impose a series of changes to their joint local rules. These changes mark the culmination “of a multi-year...more

SCOTUS Rules that Litigation Must Cease While Question of Arbitrability is on Appeal

In a decision with implications nationwide, the Supreme Court of the United States recently ruled that, under the Federal Arbitration Act — the principal federal statute that governs judicial enforcement of arbitration...more

Fitness Companies Flex with Dismissal in NY UCC Elastic Band Case

New York’s Appellate Division, First Department recently issued favorable dismissals to a sporting goods retailer and manufacturer in a case alleging issues with an elastic exercise band that injured a person’s right eye in a...more

E.V. Manufacturer Cruises to Victory on Appeal with Specific, Robust Disclosures

New York’s Appellate Division, First Department recently affirmed dismissal, with prejudice, of a securities class action lawsuit against Chinese electric vehicle manufacturer NIO, Inc. The suit, captioned Donlon v. NIO,...more

Late Answer in New York Results in Snowballed Consequences

New York’s Appellate Division, Second Department reversed a trial court decision that granted a defendant’s motion to compel acceptance of a late answer. The facts on appeal entailed plaintiff completing service on November...more

Rule Amendments Narrow Discovery and Clarify Motion Practice in New York’s Commercial Division

Through Administrative Orders, New York state recently amended its Commercial Division rules with an eye towards streamlining discovery and clarifying points of disagreement in summary judgment motions. Attorneys and...more

Amazon Wins E-Bike Appeal: A Big Victory for E-Commerce

New York’s Appellate Division, First Department recently affirmed a Manhattan trial court’s dismissal of a lawsuit against e-commerce giant Amazon, where the plaintiff alleged personal injuries from an electronic bicycle his...more

Toll or Suspension? New York Appellate Division Provides Clarity

New York’s Appellate Division, Second Department recently denied two motions arguing an appeal was untimely where the appellant filed a notice of appeal nine days beyond the standard deadline. The appellant successfully...more

SCOTUS Extends Specific Jurisdiction to Ford in Products Cases

The Supreme Court of the United States recently affirmed two state court judgments that had permitted plaintiffs to assert jurisdiction over Ford Motor Company for injuries stemming from allegedly-defective cars. In an 8-0...more

Sweeping Changes to Uniform Rules for the Supreme Court and County Court

Effective Feb. 1, 2021, New York’s Uniform Rules for the Supreme Court and County Court will see sweeping changes. A product of the courts and power delegated by the New York State Constitution, these rules govern the...more

New York State Courts to Expand New Lawsuit Filings via NYSCEF and Continue Limited In-Person Reopening Process

By press release and memorandum, the New York State Unified Court System announced that beginning on May 21, 2020, it will permit parties to electronically file new lawsuits via NYSCEF in the following Western New York and...more

New York State Courts to Carefully Reopen In-Person Processes in Thirty Upstate Counties with Restrictions in Place Statewide

By press release, the New York State Unified Court System announced a gradual return to in-person courthouse operations for thirty upstate, largely rural counties beginning on May 18, 2020. The listed counties are: Broome,...more

New York State Courts to Permit Electronic Filings for Motion Practice and Notices of Appeal

By Memorandum, the New York State Unified Court System announced that beginning on Monday, May 4, 2020, it will permit parties to electronically file new motions, responsive papers to previously-filed motions, other...more

New York State Courts to Open Virtually for Non-Essential Cases

The New York State Unified Court System announced new measures for virtual court operations for non-essential cases, supplementing the essential and emergency court proceedings in effect statewide. Chief Administrative Judge...more

Orders Issued to Toll Certain New York State Deadlines, Prevent Non-Essential Filings

By Executive Order, New York courts have tolled the time in which claims must be commenced and suspended deadlines pertaining to pending claims. These steps are taken in the interest of curtailing all but a narrow class of...more

Judgment by Confession: New York State Quashes Loophole Harming Out-of-State Debtors

A new amendment in New York that restricts the use of judgments by confession will protect debtors and limit the ability of creditors to exploit a loophole. The change prohibits a creditor from filing a confession of...more

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