The benefits of hiring credentialed local counsel are addressed by Russell Yankwitt, managing partner of Yankwitt LLP, in the Westchester Magazine Ask the Top Lawyer Q&A feature. The short answer is that the best and brightest attorneys with the “right” training acquire a skillset that provides clients with superior, cost-effective […]
Judge Briccetti Grants Defendants’ Motion to Dismiss for Lack of Subject Matter Jurisdiction in Clean Water Act Citizen-Suit Case In Kovach v. United States, No. 19-cv-7065, 2020 WL 4003366 (S.D.N.Y. Jul. 15, 2020), the plaintiff, a former New York Air National Guardsman, brought a Clean Water Act citizen suit against, inter alia, […]
Sellers of goods often will include an exclusive remedy provision in their purchase agreements, which (1) limits the seller’s liability to a buyer to either repair or replace the purchased goods, or refund the purchase price, and (2) waives all other available remedies. When a dispute between a seller and […]
Judge Román Grants Defendant’s Motion to Dismiss Amended Complaint in Gender Discrimination and Retaliation Case In Lora v. Centralized Management Service, Inc., No. 18-cv-4253, 2020 WL 3173025 (S.D.N.Y. June 12, 2020), the plaintiff, a former executive administrative assistant, brought a gender discrimination and retaliation action against five entities she claimed were […]
When embarking on litigation, a common question clients ask is: Can I recover my attorneys’ fees? Short of a contractual fee-shifting provision, the answer is almost invariably, “No.” A potentially valuable exception exists, however, in New York insurance coverage cases. The Defensive Posture Exception In New York, the “defensive posture” […]