Skip to Content

Author: Esther Rose

To Vacate or Confirm? How Excessive Attorneys’ Fees Award Brought Down an Entire Arbitration Award

Articles

Under CPLR 7510-11, judicial review of arbitration awards is limited. Because of our judicial system’s partiality toward resolving issues through alternative dispute resolution mechanisms, courts can only vacate an arbitration award where the plaintiff proves with clear and convincing evidence that the award was irrational, against public policy, or that […]

Second Circuit Unanimously Affirms the Dismissal of All Claims Against Yankwitt LLP’s Client in Defamation and Tortious Interference Action

Firm News

Yankwitt LLP secured a complete victory in the Second Circuit for its clients, the Irish Dancing Teachers Association of North America Mid-Atlantic Region and affiliated individuals, as the Court of Appeals for the Second Circuit unanimously affirmed the Southern District of New York’s granting of our motion to dismiss a […]

NYC Council Approves Amendment to the Human Rights Law to Include “Height and Weight” as Protected Under the Discrimination Statute

Articles

On May 11, 2023, the New York City Council approved Intro 209–A, a local law amending the New York City administrative code to include “height and weight” as protected characteristics under the Human Rights Law’s discrimination statute.  Key features of the amendment include: Prohibiting discrimination based on one’s height or […]

U.S. Second Circuit Court of Appeals Certifies Novel Questions to New York’s Highest Court: Does “Inherited-Jurisdiction Theory” Apply if Acquisition Falls Short of Merger?

Articles

The legal theory of inherited jurisdiction holds that when two companies merge, the successor corporation “inherits” the predecessor’s status for personal jurisdiction purposes.  Thus, if the predecessor was subject to jurisdiction in New York, so is the successor, irrespective of the successor’s contacts (or lack thereof) with the New York […]