Last summer, we discussed a decision by the Court of Appeals that upheld the use in commercial leases of waivers of declaratory relief. In response to that decision, the New York Legislature enacted ...
In a closely watched appeal, the Court of Appeals affirmed by a 4-3 vote that a waiver contained in a commercial lease of the right to bring a declaratory judgment action is enforceable and not ...
If you’re of a certain age, or from a certain geographic sector of the country, then no doubt you’ve heard that particular idiom uttered to mean, “What a surprise!” “John and Megan eloped last night.” ...
JURIST Guest Columnist Patrick Brady, University of Maine School of Law Class of 2014, discusses Detroit’s bankruptcy and pension holders’ proactive defense of their rights… Although the pension ...
Despite the legal strong arms of the world, it isn’t always about the money. In fact, setting criminal law — which is a horse of an entirely different color — aside, many times civil actions aren’t ...
A number of tools exist to prevent abuse of court process and ensure matters properly and finally determined by a competent court do not become subject to re-litigation. These fall under the umbrella ...