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An Evidentiary Puzzle: Dismissal of an Undue Influence Objection Upon Summary Judgment
The solution often turns out more beautiful than the puzzle. – Richard Dawkins As all litigators know, confronting summary judgment on any issue is a daunting undertaking. When one is either a movant or respondent, a near categorical knowledge of…
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NYSBA President Richard Lewis Praises the Commission on Legislative, Judicial & Executive Compensation for Recommending an Increase in Judicial Salaries
Richard Lewis, president of the New York State Bar Association, issued the following statement about the Commission on Legislative, Judicial & Executive Compensation approval of its report for increased judicial salaries: “Judicial compensation reflects the value that we place upon…
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Michael Bloch: A Passion To Defend Victims of Persecution
After hearing about the deadly “Unite the Right” rally in Charlottesville, Va., New York attorney Roberta “Robbie” Kaplan’s first instinct was that lawyers had to stand up to the white nationalists who intimidated and attacked counter protesters. One protester, Heather…
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New York State Bar Association Mourns the Death of Pioneering Supreme Court Justice Sandra Day O’Connor
Richard Lewis, president of the New York State Bar Association, issued the following statement about the death of Supreme Court Justice Sandra Day O’Connor: “As the first female justice on the U.S. Supreme Court, Sandra Day O’Connor occupies a special…
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When Technology Threatens the Right to an Impartial Jury
The United States Constitution contains provisions that support the right to a trial by an impartial jury in both criminal and civil cases. As the Sixth Amendment explicitly states, “[i]n all criminal prosecutions, the accused shall enjoy the right to…
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Proving Copyright Access in an On-Demand World
For many decades, courts have bemoaned the frequency at which they are presented with ill-conceived copyright infringement claims predicated “upon that obsessive conviction, so frequent among authors and composers, that all similarities between their works and any others which appear…
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The Roots of Abuse: Expanding Vicarious Liability for Sexual Abuse in Women’s Sports
Ninety-three percent of athletes experience sexual harassment, sexual assault or unwanted contact during their times in sport.[1] The majority of those sexually harassed or assaulted within their sport identify as women.[2] While this news could be stunning to some, fewer…
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Declaring the Missing Dead in Surrogate’s Court
The mysterious disappearance of an individual often makes intriguing content for crime shows and podcasts, but it is in the Surrogate’s Court where the harsh reality of declaring the missing dead plays out. This article explores that process. Our roadmap…
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Capital District Lawyers Helping Lawyers Group Honors Attorney With Ray of Hope Award
David Keehn, an attorney with the state Department of Environmental Conservation, received the Ray of Hope Award in recognition of the significant contributions he has made to lawyer well-being. Keehn is a past co-chair of Capital District Lawyers Helping Lawyers,…
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Decorated U.S. Army Reservist Named a Champion for Fellow Veterans
The New York State Bar Association honored Anthony Kuhn, managing partner of Tully Rinckey’s Buffalo and Syracuse offices, with the Veteran Advocate of the Year Award. The award recognizes outstanding service on behalf of veterans and active-duty service members. Kuhn…
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