On May 22, 2017, Governor Andrew M. Cuomo announced that Justices Anil C. Singh and Jeffrey K. Oing had been appointed to fill vacancies on the bench of the Appellate Division, First Department. June 12, 2017 was the last day on the Commercial Division bench for both Justices. Since their departure for the First Department, Justices Singh and Oing have been missed on the Commercial Division bench, as the Court has worked to reassign their substantial caseloads. Acting Administrative Judge George J. Silver, who has temporarily stepped into the role left by prior Administrative Judge Peter H. Moulton (who was also elevated to the Appellate Division with Justices Singh and Oing) and the Office of Court Administration have been responsible for filling these vacancies on the Commercial Division bench.On July 3, 2017, the Court announced that Justice Andrea Masley would be taking over the Commercial Division inventory of Justice Oing (Part 48). Justice Masley has since taken over … [Read more...] about Changing of the Guard in the New York County Commercial Division
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A year ago, the Attorneys General of New York, New Jersey, and Montana issued a joint statement that they intended to sue FedEx Ground for misclassifying drivers as independent contractors instead of employees. Now, the second of those two Attorney Generals has done so when New York Attorney General Andrew Cuomo recently filed a lawsuit against FedEx Ground on behalf of the State of New York. The New York lawsuit was filed the same week as the Attorney General of the Montana, Steve Bullock, announced that his office settled its driver misclassification claims against FedEx Ground for $2.3 million. The New York lawsuit also follows by two months the filing of a similar misclassification lawsuit by the Attorney General of Kentucky, Jack Conway, and comes three months after the Attorney General of Massachusetts, Martha Coakley, settled its driver misclassification claims against FedEx Ground for $3 million.Cuomo’s lawsuit (New York State v. FedEx Ground … [Read more...] about New York Joins Other States in Suing FEDEX for Misclassification of its Ground Division Drivers as Independent Contractors
The U.S. Supreme Court on Thursday agreed to take a new look at the constitutionality of mandatory union contributions by public employees.The Supreme Court split 4-4 on the First Amendment issue in March 2016 after the death of Justice Antonin Scalia left a vacancy that had not been filled until Neil M. Gorsuch was confirmed on April 7.Now, the court has agreed to consider a new case that asks whether public sector workers who aren’t members of a union can be required to help pay for collective bargaining, report the New York Times, the National Law Journal (sub. req.) and SCOTUSblog. The cert petition is here (PDF).The Times says the case “could deal a crushing blow to organized labor.” Public sector unions could lose a substantial source of income if the court rules against them, according to the article.Illinois employee Mark Janus contends he shouldn’t have to pay the fees because he is forced to support the speech of a union bargaining representative who … [Read more...] about Supreme Court accepts new challenge to mandatory collective bargaining fees for public employees
In Gordon v. Verizon Communications, Inc., No. 653084/13, 2017 WL 442871 (N.Y. App. Div. Feb. 2, 2017), the Appellate Division of the Supreme Court of the State of New York, First Judicial Department (the “First Department”), reversed an order denying plaintiffs’ motion for final approval of a proposed non-monetary settlement in a shareholder class action litigation related to Verizon Communication Inc.’s (“Verizon”) acquisition of Vodafone Group PLC’s (“Vodafone”) stake in Verizon Wireless (“VZW”). With its decision, the New York Appellate Division breathed new life into beleaguered disclosure-only class action settlements, and modernized what it believed had become an outdated analytical framework for approving class action settlement agreements. It also appeared to accord special weight to provisions in such agreements whereby corporations promise to obtain fairness opinions in connection with future … [Read more...] about New York Appellate Division Revives Non-Monetary Class Action Settlement in M&A Class Action with Revised Standard of Review
On April 16, 2012, the Supreme Court of the State of New York, Nassau County, entered an Order of Liquidation and Approval of the ELNY Restructuring Agreement (Order) and accompanying memorandum decision. The Order was entered over the objections of a number of ELNY payees, and followed an 11 day hearing that took place in March 2012. Among other things, the Court: approved the Restructuring Agreement that had been submitted by the New York Superintendent of Financial Services (Superintendent); found ELNY to be insolvent; converted the Rehabilitation of ELNY to a Liquidation effective as of the closing date of the Restructuring Agreement; and directed counsel for the New York Liquidation Bureau to serve a copy of the decision with notice of entry upon all ELNY payees.In the wake of the Court’s ruling, one question on the minds of many ELNY annuity owners is: now what? In this regard, it is important to note that the Order directs the … [Read more...] about Executive Life Insurance Company of New York (ELNY): Now What?
Yet again, climate law watchers – those who want greenhouse gas (“GHG”) emissions further reduced, as well as those who would be most affected by additional air regulations – are holding their breath, waiting for the Supreme Court to issue its decree. Four years ago, such watchers waited with bated breath as the high court considered the issue of whether GHG emissions from vehicles could be regulated under the Clean Air Act. The result? The seminal April 2, 2007 Massachusetts v. EPA decision, which shifted the regulatory landscape in the U.S. by paving the way for greenhouse gas emissions to be regulated for the first time. Because of the Massachusetts decision, vehicle manufacturers and large utilities and manufacturers – including entities who never have been subjected to air restrictions before – now face regulation of their GHG emissions. The regulatory landscape has vastly changed. Now … [Read more...] about Can I Sue My Neighbor Under Nuisance Law for Contributing to Climate Change? The Supreme Court’s AEP vs. Connecticut: A Case of “What Will Kennedy Decide”?
The Supreme Court of New York County upheld the retroactive income tax amendment treating an election under Internal Revenue Code section 338(h)(10) as an asset sale for New York State income tax purposes.Retroactivity Upheld for 338(h)(10) Election and Non-Resident S Corporation ShareholdersNon-residents of New York are taxed only on New York source income. The sale by a non-resident of an intangible which is not used in a business conducted in New York is not New York source income and therefore not subject to tax. This means that a non-resident of New York can sell the stock of an S corporation which conducts business in New York, and not pay New York income tax on the sale of the stock.1 Internal Revenue Code section 338(h)(10) permits the buyer and seller to elect to treat the sale of the stock as a deemed sale of the assets, followed by a deemed liquidation of the S corporation. In 2009, the New York State Tax Appeals Tribunal held that the deemed treatment under Internal … [Read more...] about New York Court Upholds Retroactive Income Tax Provision for 338(h)(10) Elections
Last week, the Supreme Court of Ohio ruled that certain oil and gas-related ordinances of the city of Munroe Falls are preempted by the state’s oil and gas law. State ex rel. Morrison v. Beck Energy Corp., Slip Opinion No. 2015-Ohio-485. The decision is the latest in an ongoing battle being waged over the authority of local governments to zone or regulate the operations of oil and gas companies. Often, the success or failure of a local government’s ordinance depends on whether it aims to “regulate” oil and gas operations or simply control their location according to traditional zoning principles.While a win for industry in this case, the Supreme Court’s holding in State ex rel. Morrison v. Beck Energy Corp. was limited to the ordinances at issue in the case and does not go as far as recent rulings in Pennsylvania and New York that were focused on zoning authority. Previously, in July 2012, the Pennsylvania Supreme Court struck down as unconstitutional … [Read more...] about Ohio Supreme Court Limits Municipal Regulation of Oil and Gas But Leaves the Door Open for Future Zoning Moratoriums
On March 10, 2009, the Supreme Court of the State of New York, County of New York, granted Summary Judgment in favor of Select Insurance Company against Millennium Partners, L.P. with respect to Millennium’s claim to recover defense costs that it paid in connection with the settlement of public investigations against it for market timing of mutual funds. Millennium Partners, L.P. v. Select Insurance Company, et al., Index No: 601878/2007(Sup. Ct. N.Y. Mar. 10, 2009). In its suit, Millennium alleged that it incurred defense costs of over $19 million, but sought reimbursement up to the policy limit of $10 million. Select issued Mutual Fund and Directors & Officers Errors and Omissions Liability Insurance to Millennium, which provided coverage for losses up to $10 million for all claims that were first made during the policy period. The policy defined loss to exclude punitive or exemplary damages, criminal or civil fines or penalties imposed by law or … [Read more...] about NEW YORK TRIAL COURT DENIES INSURED’S CLAIM FOR ATTORNEYS FEES AND COSTS PAID IN CONNECTION WITH THE SETTLEMENT OF PUBLIC INVESTIGATIONS FOR “MARKET TIMING” OF MUTUAL FUNDS
After being sworn in as a Criminal Court Judge, Ms. Raja Rajeswari has become first India-born woman to be appointed a judge in the New York City. She took the oath of office at a ceremony held on Monday, along with 27 other Judges appointed earlier this month to the Family Court, Criminal Court, and Civil Court, which are part of the New York State Unified Court System.Currently, there are two male judges of Indian descent in civil court settings – Jaya Madhavan on the New York City Housing Court in Bronx County, and Anil C Singh of New York County Supreme Court, 1st District, according to ethnic New India Times.Judges are appointed by the Mayor for 10 year terms in the New York City Criminal Court and the Family Court. Mayor de Blasio lauded Rajeswari’s ability to speak in India, Middle Eastern and Southeast Asian languages. He further said that she has put her history as an immigrant and ability to speak all these languages to work, “helping to reach … [Read more...] about Raja Rajeswari becomes New York City’s first India-born woman Judge