Case Law Update
Caveat Emptor: Appellate Division Deems Fake AI Cities Frivolous
The increasing use of artificial intelligence has brought both opportunity and risk to the legal profession.
STOP-DO NOT PASS GO: Court Shuts Down Plaintiff's Attempt to Try Damages Together with Liability
When it is time for trial, plaintiffs always look for an advantage. This can mean when a case is weak on liability or when liability will be difficult to prove, letting a jury know about the severity of plaintiff’s injuries
Chipping Away at Fraud Article
This battle has been going on for several years and continues. We previously told you about a recent First Department case “Is the Tide Turning” where the Appellate Division allowed a plaintiff to be questioned at his deposition about RICO suits.
Trending: Court of Appeals Slams Door on Expanded Liability
It is a never-ending battle. Plaintiffs seek new ways to expand liability, and defendants resist and urge courts to hold the line on expanding liability. Recently, the New York Court of Appeals declined an invitation to expand liability to allow recovery for emotional suffering in medical...
Is the Tide Turning? Appellate Division Allows Plaintiffs to Be Questioned About Civil RICO Suits
Since 2020, insurers have instituted civil RICO lawsuits against doctors, medical providers, and plaintiffs’ firms to combat potentially fraudulent personal injury claims.
Good News for Judgement Creditors: No New York Ties? No Problem
Obtaining a judgment in a case is one thing, but knowing what to do with that judgment is equally important. Knowing what to do with a judgment can make the difference between satisfying that judgment with assets or having a worthless paper judgment.
Trending: Courts Push the Envelope to Find Liability in Tragic Situations
Two recent cases demonstrate how courts can expand liability to find responsibility. While these cases are in the preliminary stages, they provide insight into how the plaintiffs’ bar is using novel theories to attempt to establish liability.
No Expanded Duty: Appellate Division Rejects Creating New Duty for Rental Companies
The New York Appellate Division, First Department recently issued a decision with significant implications for the motor-vehicle rental industry, rejecting a potential significant expansion of liability.
Fear No More - Court of Appeal Rejects Treble Damages Against Municipality
The New York Court of Appeals recently addressed whether treble damages can be assessed against a municipality. In Rosbaugh v Town of Lodi, the Court concluded that even though a statute—here RPAPL 861—provided for treble damages, a court cannot assess that category of damages against a municipality.
