Appellate Law News and Insights

New York, N.Y. (January 11, 2022) - The New York Court of Appeals' decision in Aybar v. Aybar, 2021 N.Y. Slip Op. 05393, issued on October 7, 2021, overturned over 100 years of precedent in ruling that foreign corporations are no longer subject to being dragged into lawsuits in New York State...

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Takeaway:   When litigating class certification and motions to compel arbitration, defense attorneys virtually always prefer federal over state courts.  In two cases involving home security provider ADT, L.L.C. (ADT), and a rogue employee of ADT who literally spied on ADT customers in their homes, ADT deployed different mechanisms to secure federal...

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In recent years, conjoint analysis has proliferated as a methodology for calculating class-wide damages in consumer class actions. While conjoint analysis first emerged as a marketing tool for measuring consumers' relative preferences for various product attributes, many plaintiffs (and their experts) have attempted to employ conjoint analysis as a tool...

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