Brendan Hall on New York

Extensive Rule Changes to Joint Local Civil Rules in S.D.N.Y. and E.D.N.Y

Effective July 1, 2024, the United States District Court for the Southern and Eastern Districts of New York will impose a series of changes to their joint local rules. These changes mark the culmination “of a multi-year...more

7/2/2024 / Amended Rules , Default Judgment , Depositions , Federal Rules of Civil Procedure , Motion for Summary Judgment , New York , Pleadings

Fitness Companies Flex with Dismissal in NY UCC Elastic Band Case

New York’s Appellate Division, First Department recently issued favorable dismissals to a sporting goods retailer and manufacturer in a case alleging issues with an elastic exercise band that injured a person’s right eye in a...more

2/1/2023 / Appeals , Design Defects , Dismissals , Failure To Warn , Fraud , Manufacturing Defects , New York , Statute of Limitations , Uniform Commercial Code (UCC) , Warranties

E.V. Manufacturer Cruises to Victory on Appeal with Specific, Robust Disclosures

New York’s Appellate Division, First Department recently affirmed dismissal, with prejudice, of a securities class action lawsuit against Chinese electric vehicle manufacturer NIO, Inc. The suit, captioned Donlon v. NIO,...more

12/20/2022 / Appeals , China , Disclosure Requirements , Electric Vehicles , Initial Public Offering (IPO) , Investors , Misleading Statements , New York , Securities Exchange Act of 1934

Rule Amendments Narrow Discovery and Clarify Motion Practice in New York’s Commercial Division

Through Administrative Orders, New York state recently amended its Commercial Division rules with an eye towards streamlining discovery and clarifying points of disagreement in summary judgment motions. Attorneys and...more

6/15/2022 / Cause of Action Accrual , Discovery , New Amendments , New York , Summary Judgment

Toll or Suspension? New York Appellate Division Provides Clarity

New York’s Appellate Division, Second Department recently denied two motions arguing an appeal was untimely where the appellant filed a notice of appeal nine days beyond the standard deadline. The appellant successfully...more

6/11/2021 / Appeals , Coronavirus/COVID-19 , Executive Orders , Governor Cuomo , New York , Notice of Appeal

Sweeping Changes to Uniform Rules for the Supreme Court and County Court

Effective Feb. 1, 2021, New York’s Uniform Rules for the Supreme Court and County Court will see sweeping changes. A product of the courts and power delegated by the New York State Constitution, these rules govern the...more

1/26/2021 / Administrative Orders , CPLR , Depositions , Disclosure Requirements , Discovery Schedule , Expert Witness , Interrogatories , New York , Oral Argument

New York State Courts to Expand New Lawsuit Filings via NYSCEF and Continue Limited In-Person Reopening Process

By press release and memorandum, the New York State Unified Court System announced that beginning on May 21, 2020, it will permit parties to electronically file new lawsuits via NYSCEF in the following Western New York and...more

5/22/2020 / Coronavirus/COVID-19 , Executive Orders , Governor Cuomo , New York , Re-Opening Guidelines , Workplace Safety

New York State Courts to Carefully Reopen In-Person Processes in Thirty Upstate Counties with Restrictions in Place Statewide

By press release, the New York State Unified Court System announced a gradual return to in-person courthouse operations for thirty upstate, largely rural counties beginning on May 18, 2020. The listed counties are: Broome,...more

5/18/2020 / Coronavirus/COVID-19 , Executive Orders , New York , Re-Opening Guidelines , State Courts

New York State Courts to Open Virtually for Non-Essential Cases

The New York State Unified Court System announced new measures for virtual court operations for non-essential cases, supplementing the essential and emergency court proceedings in effect statewide. Chief Administrative Judge...more

4/9/2020 / Asbestos Litigation , Commercial Litigation , New York , Remote Working , State and Local Government , State Courts , Teleconferences

Brendan Hall

Harris Beach PLLC

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