Appellate Law News and Insights

New York, N.Y. (February 17, 2022) - Two decisions from New York's Appellate Division, Second Department, demonstrate the unpredictability of the courts when reviewing jury verdicts in personal injury matters involving expert testimony.  New York Trial & Appellate Team Precludes Expert Liability Testimony, Jury Verdict Upheld Dismissing Kings County Sidewalk...

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On December 15, 2021, the Second Department issued an opinion in the case of Bank of America v. Kessler that considered the strict application of RPAPL 1304.  The Court noted that the statute specifically provides that "[t]he notices required by this section shall be sent by the lender, assignee, or mortgage loan servicer in...

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On January 28, 2022, the US Court of Appeals for the Ninth Circuit issued a decision upholding a California law that applies "network neutrality" requirements to internet service providers in the state, affirming a decision by a federal district court to deny a preliminary injunction requested by industry trade associations. Network...

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