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Category: Blog: The Westchester Litigator

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

Blog: The Westchester Litigator

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 […]

Retroactive v. Prospective Application of the 2020 NY Anti-SLAPP Amendments

Blog: The Westchester Litigator

New York’s Anti-SLAPP (“Strategic Lawsuits Against Public Participation”) legislation was significantly expanded in 2020 to provide greater protection to public discourse by the everyday consumer. From a litigator’s standpoint, however, it was an open question as to whether the amended statute applied retroactively to anti-SLAPP lawsuits filed prior to its […]

Westchester Supreme Court Addresses Question of First Impression Under New York’s Child Victim’s Act: Does the CVA’s Revival Statute Apply to Wrongful Death Claims?

Blog: The Westchester Litigator

In February 2019, New York State enacted the Child Victim’s Act (the “CVA”), which, inter alia, opened a one-year window reviving civil actions based on certain criminal sexual offenses against minors for which the statute of limitations had already run.  The “window” period was thereafter extended for an additional year.  The purpose […]