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Category: Articles

SDNY Sides with the First Department on Appellate Division Split, Holds a Private Right of Action for Manual Employees Exists Under New York Labor Law Section 191


New York Labor Law (NYLL) Section 191 requires employers to pay manual workers on a weekly basis. In 2019, the First Department in Vega v. CM & Associates Construction Management, LLC (Vega) held that applied together, NYLL Sections 191 and 198 provide an express and implied private right of action […]

“Trials Occur in a Court”: SDNY Leads the Way on Strict Construction of FRCP 45(c)’s 100-Mile Limit on Subpoenas


Federal Rule of Civil Procedure (“FRCP”) 45(c) restricts federal courts’ powers to compel testimony from a third-party witness in civil litigation to locations: (1) “within 100 miles of where the person resides, is employed, or regularly transacts business in person;” or (2) within the state of residence, employment, or regularly […]