New York General Obligations Law § 15-108(a) (GOL 15-108) applies when a plaintiff alleges multiple defendants are liable for tortious conduct for the same injury, but one or more defendants settle, and the trial proceeds against the remaining defendants. GOL 15-108 dictates that the plaintiff’s total recovery at trial is […]
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 […]