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Category: Blog: The Westchester Litigator

A Tale of Two Standards: Second Department Highlights Distinct Standing Requirements in Hybrid Article 78 Proceedings

Blog: The Westchester Litigator

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 […]

Email Consent is Not Enough: The SDNY Reaffirms a Strict Construction of the Federal Removal Statute in the Context of the “Rule of Unanimity”

Blog: The Westchester Litigator

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 […]

My Identity Could Be Stolen . . . At Some Point!: An Analysis of Federal Standing and Future Harm in Data Breach Cases

Blog: The Westchester Litigator

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 […]