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By Jesse Sunenblick
jsunenblick@judicialstudies.com
Posted: 05-09-08
A Southern District Judge might make public a CIA memo that allegedly specifies the use of waterboarding as an interrogation technique. In other news, the office of State Attorney General Andrew Cuomo announces its latest targets: politically connected lawyers illegally receiving public pension funds.
By Jason Boog
jasonboog@judicialstudies.com
Posted 05-07-08
With judges furiously suing lawmakers, members of the bench are finding more and more reasons to excuse themselves from presiding over certain firms' cases. This could get explosive.
By Leah Nelson
lnelson@judicialstudies.com
Posted 04-30-08
When Governor David Paterson chose Justice Joseph Fisch to serve as the State's Inspector General, he was reaching back across more than a quarter century of personal history.
By Jason Boog
jasonboog@judicialstudies.com
Posted 04-23-08
Conflict claims are swirling all around the judicial salary litigation. Judicial Reports takes a closer look at the Justice involved in two of these suits, Edward H. Lehner — who is arguably more conflicted than anyone.
By Mark Thompson
markthomp@yahoo.com
Posted 04-16-08
The Appellate Division split over police tactics in an otherwise legal traffic stop. The majority ruled that the officer's inventory of vehicle contents became the pretext for an illegal search.
Following 10 years without a raise, Chief Judge Judith Kaye is poised to sue on behalf of hundreds of frustrated judges this afternoon. While the press release didn't specify who would be named in the suit, the formal announcement is set for 1 pm today.
By Dirk Olin
dirkolin@judicialstudies.com
Posted 04-09-08
The room was packed with the brightest of legal luminaries — from Sandra Day O'Connor and Stephen Breyer to the Chief Justice of Ghana. Academic and bar heavyweights were all around. A forum of self-congratulatory blather? Hardly. The real subject was nothing short of saving Western Civilization.
By Leah Nelson
lnelson@judicialstudies.com
Posted 04-02-08
A case involving the rights of homeless families in New York City is now roiling its fourth mayoralty. For years, it has been overseen by one of Manhattan's premier jurists. Whatever the merits of the underlying arguments, however, there's one word for the attacks on Justice Helen Freedman. But we won't print it here.
By Jason Boog
jasonboog@judicialstudies.com
Posted 03-26-08
An attack in federal court, plus a Brooklyn judge's laments about parking problems, have thrust courthouse security back into the news. How safe are the halls of justice?
By Leah Nelson
lnelson@judicialstudies.com
Posted 03-19-08
The monitors who collect data on federal judges' docket management keep most of the statistics locked up, only making public the lists of late and languishing matters. Why are they putting their worst foot forward?
By Jason Boog
jasonboog@judicialstudies.com
Posted 03-12-08
Like many states, New York has long kept a record of when judges show up for work — on the bench, in chambers, wherever. Until now.
By Jason Boog
jasonboog@judicialstudies.com
Posted 03-04-08
For years Nassau and Suffolk Counties have been Republican red islands surrounded by a New York City sea of Democratic blue. To date, the dynamic has given the Conservative Party outsize power when it comes to judge-picking. Now that might all be changing.
By Leah Nelson
lnelson@judicialstudies.com
Posted 02-27-08
Supreme Court Justice Arthur Cooperman is reputedly tough on defendants. He's also shown no reluctance to lock up convicted cops. So why did the cop defendants in the Sean Bell shooting trial opt out of a jury and in favor of a bench trial?
JUDGES V. PLAINTIFFS
By Mark Thompson
markthomp@yahoo.com
Posted 05-07-08
The Appellate Division rescued plaintiffs in a pair of cases from trial court rulings that, in the appellate panels’ view, unfairly hamstrung the personal injury lawsuits.
In one of the cases, an appellate panel tossed out a verdict for the city in a suit brought by an injured employee because Kings County Justice Joseph Levine allowed the city to ambush the plaintiff with a late-disclosed witness. The plaintiff, Frank Caccioppoli, claimed that he injured his knee in a traffic accident involving his sanitation truck, but the jurors didn’t buy it -- not after having hearing from the surprise witness, a radiologist, who insisted that MRI films showed a degenerative condition in Caccioppoli’s knee.
That was a new theory, the appellate panel noted, and given the way it was sprung on him, Caccioppoli never had time to prepare a rebuttal. Adding insult to injury, the city didn’t bother to offer an excuse for waiting until the last minute to disclose the witness, which is all the more reason why Levine shouldn’t have let the city get away with it, the appellate panel said. Caccioppoli v City of New York (April 29)
By Scott H. Greenfield
Posted 11-21-07
It's been more than 40 years since the U.S. Supreme Court enshrined the principle that due process demands true discovery. Laugh till you cry.
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