“I carefully read through the terms and conditions for a smartphone application before clicking I agree,” said no consumer ever. In a recent decision from the New York Court of Appeals, the state’s highest court made clear the consequences of “I agree,” holding that an online “clickwrap” process used to […]
By Jonathan Ohring and Madison Powers While often associated with a defendant’s effort to obtain dismissal of a case pre-trial, we view summary judgment as a critical tool for both plaintiffs and defendants in narrowing the issues that remain for trial. A recent case from the New York Supreme Court, […]
Under the Federal Rules of Civil Procedure, a “complaint must name all the parties.” Fed. R. Civ. P. 10(a). This rule facilitates public scrutiny of judicial proceedings while ensuring that people know who is using their courts. In highly charged cases, however, a plaintiff may wish to file under a […]
The recent election may be behind us, but it’s never too early to think ahead, especially when it comes to understanding the do’s and don’ts for lawyers with respect to judicial campaign fundraising. In New York, lawyers are allowed to contribute to the reelection campaigns of judges they may appear […]
To bring a case in federal court, Article III of the United States Constitution requires a plaintiff to demonstrate standing to sue by alleging three elements: (1) a concrete and particularized injury; (2) that is traceable to the defendant’s allegedly unlawful actions; and (3) that the injury can be redressed […]