Ethical Considerations On Appeal

Most New York attorneys are familiar with Part §130, Costs and Sanctions, of the Rules of the Chief Administrator which requires that every pleading, written motion and other paper served on another party or filed or submitted to the court be signed by an attorney whose signature certifies that attorney’s good faith, informed belief that “the contentions therein are not frivolous.” 22 NYCRR §130-1.1(a). The intent of Part 130.1 is “to prevent the waste […]

By | October 15th, 2021 ||

Court Of Appeals Clarifies What Types Of Allegations May Be Cured Under Section 2699.3

On October 7, 2021, the California Court of Appeal (4th District) issued its decision in Quinonez v. Payless 4 Plumbing, Inc., Case No. E074467, clarifying what allegations in a notice letter to the Labor and Workforce Development Agency (LWDA) trigger a right to cure under Labor Code Section 2699.3(c). The cure provisions of Section 2699.3(c) provide a limited window for an employer to correct any alleged violations and explain in writing what corrective actions it […]

By | October 7th, 2021 ||

Is The Supreme Court More Likely To Review Plaintiffs’ Or Defendants’ Wins From The Appellate Court In Tort Cases (1990-1999)?

For the next few weeks, we’ll be taking a deep dive on the Supreme Court’s tort cases. To begin, we’ll consider whether there is any relationship between the party which won at the Appellate Court and the result at the Supreme Court for the years 1990 through 1999.

The reversal rate for tort cases at the Supreme Court was around the same level at the beginning of the decade: 60% in 1990 and 50% in […]

By | September 23rd, 2021 ||