Legal updates for: CPLR

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New York Court Affirms Separate Entity Ruling on Appeal

by Shearman & Sterling LLP on

... March 11, 2014, a New York state appellate court affirmed an important decision on the “separate entity” rule that is favorable to all multinational banks that maintain a New York branch. New York’s separate entity rule protects banks from judgment creditors who seek to restrain or attach assets located outside of New York by... more

John Gaied v. New York State Tax Appeals

Opinion Reversing Appellate Court Judgment

by Hodgson Russ LLP on

... York State’s highest court, the Court of Appeals, today issued a decision reversing an appellate court judgment in John Gaied v. New York State Tax Appeals Tribunal. The case involved a resident of New Jersey who owned real property in New York where his parents resided. The lower court held that Mr. Gaied was taxable as a New York State and... more

Common time limits for trade and shipping claims – a print-out guide

by Reed Smith on

... - A “limitation period” is the period of time within which court or arbitration proceedings must be commenced. Every legal claim will be subject to a limitation period, imposed either by the governing law or by the applicable contract terms. In addition, contractual time limits may apply to govern the time within which claims... more

Republic of Ecuador, et al v. Douglas Mackay, et al

Appellate Decision Affirming Trial Court on Expert Discovery Issues

by Michael Durr on

... win for disclosure. The Ninth Circuit on Friday rejected Chevron Corp.’s attempt to reverse two lower court decisions ordering it to produce documents in a long-running dispute with Ecuador over pollution allegedly caused by one of the oil giant’s units, saying the documents aren't protected as trial preparation materials. The... more

Affordable Care Act Has Potential to Limit a Defendant’s Exposure for Future Medical Costs in New York Personal Injury Litigation

by Wilson Elser on

... overlooked in the national debate surrounding the Patient Protection and Affordable Care Act (ACA) is the effect the new law will have on personal injury litigation. If standard loss-allocation and mitigation rules are followed, the new law should have a significant impact on a personal injury plaintiff’s ability to recover the cost of... more

TCPA Class Actions are Back in the Big Apple

by BakerHostetler on

...l courts lacked jurisdiction to hear TCPA cases in New York because a provision of New York’s Civil Practice Law, CPLR § 901(b), prohibited class actions to recover statutory damages. Those cases turned on Section 227(b)(3) of TCPA, ... more