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Articles 1411 - 1440 of 13109
Full-Text Articles in Entire DC Network
Divined Comity: Assessing The Vitamin C Antitrust Litigation And Updating The Second Circuit’S Prescriptive Comity Framework, William Weingarten
Divined Comity: Assessing The Vitamin C Antitrust Litigation And Updating The Second Circuit’S Prescriptive Comity Framework, William Weingarten
Fordham Journal of Corporate & Financial Law
In re Vitamin C Antitrust Litigation, recently decided by the Second Circuit, sets a grave precedent for American plaintiffs seeking redress for antitrust injuries wrought by foreign defendants. The case involved a group of Chinese manufacturers and exporters of vitamin C, who conspired to fix prices and restrict output in the export market, injuring American consumers in import commerce. The foreign manufacturers conceded that they had colluded in fixing prices and restricting output, in flagrant violation of U.S. antitrust law. And yet, with the assistance of the Chinese government—intervening as amicus curiae—the defendants were successfully able to argue, on appeal …
Matter Of Promenade Nelson Apts., Llc V. New York State Div. Of Hous. & Community Renewal
Matter Of Promenade Nelson Apts., Llc V. New York State Div. Of Hous. & Community Renewal
All Decisions
No abstract provided.
Cambridge Leasing Prop. Llc V. Cachimbo
Matter Of 101 E. 16th St. Realty Llc V. New York State Div. Of Hous. & Community Renewal
Matter Of 101 E. 16th St. Realty Llc V. New York State Div. Of Hous. & Community Renewal
All Decisions
For a Judgment Pursuant to CPLR article 78.
4720 Ave., Inc. V. House
All Decisions
In this holdover-lease expiration case, the appellant landlord sought to maintain possession of the premises by commencing a summary proceeding pursuant to RPAPL 713(3) after serving the respondent tenant with a 10-day notice to quit. The respondent, however, failed to appear on the return date of the motion, resulting in a final judgment entered in favor of the landlord. Subsequently, the respondent moved to vacate the final judgment, asserting a reasonable excuse for the default and claiming a potentially meritorious defense based on the requirement of a 30-day notice due to a purported tenancy at will. While the court found …
Mcpeek V. Dny2 153 Norfolk St. Llc
Ormonde Equities Llc V. Jacoby
Yen Hsang Chang V. Westside 309 Llc
Matter Of Helm V. New York State Div. Of Hous. & Community Renewal
Matter Of Helm V. New York State Div. Of Hous. & Community Renewal
All Decisions
No abstract provided.
Matter Of C72 Llc V New York State Div. Of Hous. & Community Renewal
Matter Of C72 Llc V New York State Div. Of Hous. & Community Renewal
All Decisions
For a Judgment Pursuant to CPLR article 78.
35-09 Llc V. Navedo-Perez
All Decisions
The case involves a holdover proceeding seeking possession of a rent-stabilized apartment due to illegal occupancy. The landlord alleged that the tenant's occupancy of the basement/cellar apartment was unlawful, as it could not be legalized according to the New York City Department of Buildings. However, the court dismissed the petition, citing precedents that require proof of actual governmental violations or penalties for illegal occupancy. Without evidence of such violations or penalties, the court ruled in favor of the tenant, emphasizing the need for exhaustion of administrative remedies before pursuing eviction based on unlawful use.
Nyc Blue Management Llc V. Finn
Nyc Blue Management Llc V. Finn
All Decisions
Landlord's attempt to evict former owner relying on a licensee holdover claim failed due to the absence of a valid license agreement. Inaction upon acquiring property doesn't create a license, and even if one existed, it became invalid when the property transferred to a successor-in-interest. The landlord's proper eviction remedy was under RPAPL 713(5), not licensee holdover provisions. Key Legal Points: 1. Lack of exclusive possession by former owner negates a license. 2. Successor-in-interest seeking eviction of former owner cannot use licensee holdover provision. 3. Legislature, not courts, must address potential gaps in eviction procedures for successors-in-interest.
201 East 164th Street Associates, Llc V. Calderon
Rent Stabilization Assn. Of N.Y.C., Inc. V Mckee
Fordham Lawyer, No. 22 - Winter/Spring 2023, Fordham Law Alumni Association, Fordham Law School
Fordham Lawyer, No. 22 - Winter/Spring 2023, Fordham Law Alumni Association, Fordham Law School
Fordham Lawyer
Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.
Improving Lawyers & Lives: How Immigrant Justice Corps Built A Model For Quality Representation While Empowering Recent Law School And College Graduates And The Immigrant Communities Whom They Serve, Jojo Annobil, Elizabeth Gibson
Improving Lawyers & Lives: How Immigrant Justice Corps Built A Model For Quality Representation While Empowering Recent Law School And College Graduates And The Immigrant Communities Whom They Serve, Jojo Annobil, Elizabeth Gibson
Fordham Law Review
The late Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit formed a study group in 2008 called the Study Group on Immigrant Representation to assess the scope of the problem and find a solution. The study group determined that the representation crisis was an issue “of both quality and quantity” and that the two most important variables for a successful outcome in a case were having counsel and not being detained. To address this need, the study group established two innovative programs: the New York Immigrant Family Unity Project (NYIFUP), the first public defender …
Gubernatorial Inability And Absence In The New York Constitution: Proposals And Arguments For Reform, Fordham Law School Rule Of Law Clinic, Antonia Spano, Liam Turner
Gubernatorial Inability And Absence In The New York Constitution: Proposals And Arguments For Reform, Fordham Law School Rule Of Law Clinic, Antonia Spano, Liam Turner
Rule of Law Clinic
The New York Constitution's provisions related to gubernatorial inability and absence from the state are in need of reform. In this report, the Fordham Law School Rule of Law Clinic advances recommendations for addressing the vulnerabilities created by both provisions. The absence provision, which transfers power whenever the governor leaves the state, can cause confusion, cast doubt on the legality of gubernatorial actions, prompt rival politicians to simultaneously claim to be governor, and undermine confidence in the rule of law. The constitution's inability provision provides for transfers of power when the governor is "unable," but does not define what it …
Reforming The New York Lieutenant Governor Replacement Process: A Policy Recommendation, Fordham Law School Rule Of Law Clinic, Spencer Shih, Chase Cooper, Harry Solomon
Reforming The New York Lieutenant Governor Replacement Process: A Policy Recommendation, Fordham Law School Rule Of Law Clinic, Spencer Shih, Chase Cooper, Harry Solomon
Rule of Law Clinic
New York's governor has unilateral power to fill vacancies in the lieutenant governor's office. This unchecked power is undemocratic and risks elevating unqualified officials. In this report, the Fordham Law School Rule of Law Clinic recommends reforming the lieutenant governor replacement process. Building on a recommendation advanced by the New York State Bar Association, the clinic recommends providing the Legislature an opportunity to confirm the governor's nominees. If the Legislature rejects two nominations, the governor could choose a new lieutenant governor from among a group of elected and Senate-confirmed officials.
Who’S Next? Proposals To Reform New York’S Gubernatorial Line Of Succession, Fordham Law School Rule Of Law Clinic, Jolie Gentzkow, Alex Kasdan, Greta Kaufman
Who’S Next? Proposals To Reform New York’S Gubernatorial Line Of Succession, Fordham Law School Rule Of Law Clinic, Jolie Gentzkow, Alex Kasdan, Greta Kaufman
Rule of Law Clinic
A workable line of succession to the governor's office is necessary to maintain stable leadership in a variety of possible scenarios. New York's line of succession is flawed in several ways. Some of the weaknesses stem from the designation of lawmakers as the next successors after the lieutenant governor, which raises separation of powers concerns. Additionally, there are significant ambiguities in the constitutional and statutory succession provisions. And the statutory line of succession statute is impossible to use in many situations because it only covers cases where the governor's office is "vacant" due to "an attack or natural or peacetime …
Institutional Liability For Sexual Violence In Prisons Based On Theaided-By-Agency Theory, Tori Klevan
Institutional Liability For Sexual Violence In Prisons Based On Theaided-By-Agency Theory, Tori Klevan
Fordham Law Review
Sexual assault perpetrated by correctional officers in prisons and jails is a pervasive problem in women’s correctional facilities. However, victims who choose to pursue a civil action rarely recover damages for their injuries because our legal system fails to provide adequate options for relief. This failure leaves victims uncompensated and disincentivizes correctional institutions from implementing effective preventative measures. Part of the reason for this failure is that most U.S. courts refuse to hold employers liable for sexual violence committed by their employees. They find that employers cannot be held liable for the tortious conduct of their employees unless the conduct …