Author: David

Burden of Proof: Court Can’t ‘Just Say No’

Inherent Power of Courts It is well settled that a court in New York State has the inherent power to control its own calendar. As the Court of Appeals stated in Headley v. Noto,[1] in the context of multiple actions: “It is well recognized that the power to control its calendar is a vital consideration … Continued

Trap for the Unwary: How Pleadings and Collateral Contracts Can Unintentionally Forfeit the Right to a Jury Trial

Whether by pleading or contractual provisions, New York practitioners face the risk of surrendering a client’s right to a jury trial with unsettling ease. This article exposes these procedural snares by: first, introducing the statutory mechanism found in CPLR 4101 that is central to jury waiver by pleading and explores how merely asserting equitable or … Continued

President-Elect Candidate Statement: Michelle H. Wildgrube

I submit this statement to declare my candidacy for President-Elect of the New York State Bar Association. I have been a member of NYSBA since my admission to the bar. I became active in NYSBA in the second half of my career, when I was asked to serve as a District Representative for the Real … Continued

President-Elect Candidate Statement: Mirna Martinez Santiago

Show up. Speak up. Woman up. Those are the words I live by. Those are the first words I tell my students when they walk into any Girls Rule the Law program. It means that while it’s important to show up (to register, to join, to sign up), it is equally important to participate meaningfully. … Continued

Climate Change Regulations Issued Under New York Climate Leadership and Community Protection Act

The New York State Department of Environmental Conservation has issued a series of regulations – both proposed and final – to implement the 2019 New York Climate Leadership and Community Protection Act, which sets ambitious goals to work towards economy-wide carbon neutrality for New York. This article examines two such regulations: revisions to the existing … Continued

The Need for Reform in Schedule A E-Commerce Lawsuits

The rapid growth of cross-border e-commerce has reshaped global trade, with the United States emerging as a key market. E-commerce, the fastest growing area in the global economy, has shortened the distance between buyers and sellers,[1] especially since the outbreak of COVID-19. However, this expansion has brought significant legal challenges, particularly in the realms of … Continued

Learning From Europe’s Mediation Paradox: Why U.S. Mandates Are Leading Where the EU Stumbled

Voluntary or Mandatory? An Oxymoron Reconsidered Should mediation remain entirely voluntary, or should legal systems require parties to try it before stepping into court? This debate lies at the center of modern dispute resolution policy all over the world. Those defending voluntariness tend to emphasize the value of party autonomy, arguing that people who freely … Continued

Reimagining Workers’ Rights in the Gig Economy: Bridging the Gap Between Independent Contractors and Employees

The gig economy has not merely disrupted the labor market; it has redefined its architecture. Platforms such as Uber, Lyft, and DoorDash now mediate vast swaths of economic activity, reconfiguring the relationship between labor and capital through algorithmic control, dynamic pricing, and the offloading of risk. During the COVID-19 pandemic, gig workers were cast as … Continued