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Damages New York

Davis Wright Tremaine LLP

Empire State of Minding the Minors: New York Laws Aim To Ensure Children’s Privacy and Online Safety

On June 7, 2024, the New York Legislature passed two bills to protect children online. The Stop Addictive Feeds Exploitation (SAFE) for Kids Act, S7694A, prohibits social media platforms from providing defined "addictive...more

Freiberger Haber LLP

Fraud Notes: Two Cases and The Examination of Scienter

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To state a cause of action for fraud, a plaintiff must allege “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” The...more

Tarter Krinsky & Drogin LLP

The New York Frequency of Pay Controversy Heats Up

In 2019, the stakes for New York employers increased dramatically with respect to "late" payment of wages claims (also known as "frequency of pay" claims) under the New York Labor Law (NYLL). Following a decision by New...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Real Estate Developer/Landfill: New York Court Addresses Common Law Action/Diminution in Value Claim

New York Supreme Court (“Supreme Court, Appellate Division”) addressed in a March 15th Memorandum and Order (“Order”) issues arising out of a common law judicial action filed by a real estate developer against a landfill. ...more

Rivkin Radler LLP

COVID Biz Interruption Coverage Denied by NY Court of Appeals

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On February 15, 2024, the New York Court of Appeals unanimously upheld the Appellate Division, First Department decision affirming dismissal of restaurant operator Consolidated Restaurant Operations, Inc.’s (CRO) complaint...more

Constangy, Brooks, Smith & Prophete, LLP

NY appeals court says manual workers can‘t sue for being paid biweekly rather than weekly

On Wednesday, the Second Department of New York’s appellate court division issued a much-anticipated ruling in Grant v. Global Aircraft Dispatch Inc., holding that Sections 191 and 198 of the New York Labor Law do not...more

Rivkin Radler LLP

NY Court of Appeals Hears Oral Argument on COVID-19 Business Interruption Case

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On January 10, the New York Court of Appeals heard oral arguments on a COVID-19 coverage appeal by a restaurant operator, Consolidated Restaurant Operations, Inc. (CRO), which posed issues of first impression. Courts...more

Chartwell Law

New York Governor Vetoes Grieving Families Act

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On December 29, 2023, New York Governor Kathy Hochul vetoed, for a second time, the Grieving Families Act (the Act), a proposed amendment to New York’s wrongful death statute; that statute remains unchanged....more

Rivkin Radler LLP

A Sleeping Giant: New York’s Grieving Families Act

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The pen is mightier than the sword — especially a pen held by a sitting governor. Currently sitting on the desk of New York’s governor is a piece of proposed legislation known as the “Grieving Families Act” which, if signed...more

Foley Hoag LLP

Product Liability Update - September 2023

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Proskauer - Labor Relations Update

New York Bans Mandatory Captive Audience Meetings

On September 6, New York State Governor Kathy Hochul signed into law (A6604 / S4982) a bill banning businesses from requiring employees to attend meetings or listen to communications where the “primary purpose” of such...more

MG+M The Law Firm

Radical Changes to New York's Wrongful Death Law Advocated by State Legislature

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The New York legislature is attempting to monetize the incalculable—emotional pain and suffering from losing a loved one. Referred to as the Grieving Families Act Assembly Bill A6698 (Grieving Family Act or the bill) passed...more

Smith Gambrell Russell

Proposed Bill Outlawing Non-Compete Agreements in New York

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A sweeping proposed bill (A1278B) amending the New York Labor Law to make unlawful any non-compete agreement has passed the state Assembly and is heading to New York Governor Hochul. If signed, the bill would cover all...more

Davis Wright Tremaine LLP

New York State Senate Passes Bill That Would Ban Post-Employment Noncompete Agreements

On June 7, 2023, the New York State Senate passed new sweeping legislation, Senate Bill S3100A (the "Bill"), which would ban post-employment noncompete agreements in New York. The Bill now heads to the New York State...more

Seward & Kissel LLP

NYS Senate Passes Bill Banning Non-competes; On to NYS Assembly

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On June 7, 2023, the New York State Senate passed Bill No. SO3100, which, if signed into law, would ban non-compete agreements (“non-competes”) throughout the state, without exception. The bill defines non-competes...more

Bond Schoeneck & King PLLC

Amended Version of the Grieving Families Act Introduced to New York State Legislature

On May 2, 2023, a revised version of the Grieving Families Act (the Act) was introduced to the New York State legislature. The original version of the Act was passed by both the New York State Senate and Assembly in 2022 but...more

Weber Gallagher Simpson Stapleton Fires &...

Grieving Families Act Update: What Trucking Companies Should Know

In our last newsletter, we reported on the potential pitfalls associated with the anticipated passage of New York Senate Bill S74A, also known as the “Grieving Families Act.” Our prior article pointed out the problematic...more

Pillsbury Winthrop Shaw Pittman LLP

Time Approach Applied to Cap Rent Claim in Century 21 Bankruptcy Cases

New York bankruptcy court breaks with precedent and endorses time approach for calculating lease termination damages over rent amount approach, resulting in smaller claims for landlords. Time approach limits, and often...more

Chartwell Law

New York Legislation Could Impact Pending Wrongful Death Litigation

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As part of our regular practice, Chartwell Law frequently monitors for legislation that could affect clients. As such, we wanted to bring to your attention pending legislation in New York that may affect the payment and...more

Cozen O'Connor

NY Appellate Court: Covid-19 Business Losses Don’t Constitute “Physical” Damage to Property, Don’t Trigger Commercial Property...

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Covid-19 may cause businesses to be unable to use their property, but loss of use doesn’t constitute the “direct physical loss or damage” necessary to trigger commercial property insurance coverage, according to a...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - March 2021

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The insured was sued in an underlying action seeking damages and injunctive relief for alleged trademark infringement. The insured tendered the action to its CGL insurer which disclaimed. The insured settled the underlying...more

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