Ask a litigator if a case can be removed to federal court and he/she will likely examine whether there is diversity jurisdiction, meaning are the parties to the case from different states and is the amount in controversy greater than $75,000? But there is another way to get a case […]
The COVID-19 pandemic has wreaked havoc on all phases of litigation, with court and office closures, the tolling of CPLR deadlines, and the suspension of statutes of limitation. In turn, disputes have arisen over litigants’ compliance or lack thereof with the CPLR and some opportunistic parties have sought to default […]
Just like fleeing from a burning building, out-of-state defendants sued in federal court should have multiple case exit strategies. While defense counsel should start with a motion to dismiss for lack of jurisdiction or failure to state a claim – having a backup plan is always prudent. Enter the motion […]
When an out-of-state corporate plaintiff wishes to bring a lawsuit against a New York-based defendant, a litigator would likely recommend bringing that lawsuit in New York to secure jurisdiction over the defendant. Before pulling the trigger, however, it is critical to confirm the plaintiff’s standing to seek relief from New […]
One of the most frustrating experiences for a defense attorney in federal court is to have a document that could demolish a complaint, but he/she is precluded from using it on a motion to dismiss. In New York state court, where the Civil Practice Law and Rules (CPLR) offers more […]