As experienced New York appellate practitioners, we are often struck by the federal and state courts near opposite approaches to interlocutory appeals (i.e., appeals from an interim trial court decision as opposed to a final judgment). Whereas New York state courts permit an interlocutory appeal of the majority of trial […]
One of the most common disputes we encounter as commercial litigators is the business divorce. This occurs when shareholders of a closely held corporation, – often family members, suffer a total relationship breakdown and can no longer own a business together. In these cases, one potential avenue of relief is […]
Article 78 of the New York Civil Practice Law and Rules provides the framework for judicial challenges to decisions made by public officials and bodies. When these bodies act as both decisionmaker and contractual counterparty, a harmed individual may bring a hybrid proceeding that asserts claims both under Article 78 […]
28 U.S.C. § 1446 authorizes a defendant to remove a case from state to federal court by filing a notice of removal within 30 days of receipt of the initial pleading (assuming removal is otherwise proper under the statute). In a multi-defendant case, 28 U.S.C. § 1446 (b)(2)(A) imposes the […]
It is axiomatic that plaintiffs in federal court must have standing under Article III of the Constitution to bring their claims. To demonstrate standing, plaintiffs must show, inter alia, that they have suffered an “injury-in-fact,” which the Supreme Court has defined as “an invasion of a legally protected interest that […]