In a recent decision, the Appellate Division, Second Department, reaffirmed the New York rule that a plaintiff opposing a motion for summary judgment cannot raise a new theory of liability not already alleged in her complaint in the opposition brief. This principle came as an unpleasant surprise in 2016 to […]
“I carefully read through the terms and conditions for a smartphone application before clicking I agree,” said no consumer ever. In a recent decision from the New York Court of Appeals, the state’s highest court made clear the consequences of “I agree,” holding that an online “clickwrap” process used to […]
By Jonathan Ohring and Madison Powers While often associated with a defendant’s effort to obtain dismissal of a case pre-trial, we view summary judgment as a critical tool for both plaintiffs and defendants in narrowing the issues that remain for trial. A recent case from the New York Supreme Court, […]
Under the Federal Rules of Civil Procedure, a “complaint must name all the parties.” Fed. R. Civ. P. 10(a). This rule facilitates public scrutiny of judicial proceedings while ensuring that people know who is using their courts. In highly charged cases, however, a plaintiff may wish to file under a […]
The recent election may be behind us, but it’s never too early to think ahead, especially when it comes to understanding the do’s and don’ts for lawyers with respect to judicial campaign fundraising. In New York, lawyers are allowed to contribute to the reelection campaigns of judges they may appear […]