Melito & Adolfsen P.C. Legal Articles
Dismissal of Charges Against Former Virgina Governor McDonnell is Another Lesson in Prosecutorial Discretion
On September 8, 2016, the United States moved to dismiss the charges against Robert F. McDonnell and his wife Maureen McDonnell. The reason given for the decision was short but thoughtful: "After carefully considering the Supreme Court's recent decision and the...
The Backstory on the Second Circuit Dismissal of Sokolow v. The PLO for Lack of Personal Jurisdiction and the Plan to “Economically Destroy” the PA
On August 31, 2016, the United States Court of Appeals, ruling on an issue the PLO and PA had been making since Sokolow was commenced in 2004, dismissed the case for lack of personal jurisdiction. But there is more to the Sokolow case than what can be found in the...
Dismissing Lawsuits Against Owners of New York Nursing Homes
There are many state and federal statutes which provide personal liability against the owners of businesses that are operated through corporate or other legal forms such as Limited Liability Company's ("LLC's"). One such statute is New York's Public Health Law...
Common Misunderstandings about “The One Motion Rule” In New York Practice
In discussing the timing of a motion for summary judgment, lawyers will often refer to "the one motion rule." There is no such rule as to summary judgment. "The one motion rule" is a statutory rule that applies only to motions to dismiss on the pleadings.Under Civil...
Clinton’s e-mails and a Lesson in Prosecutorial Discretion
"Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case"Statement by FBI Director James B. Comey on the Investigation of Secretary...
Proposed Federal Anti- SLAPP Legislation — Is “Big” Media Trying to Repress the Rights of Everyone to Sue for Defamation by Seeking Nationwide Legislation that Purports to Protect Ordinary People but is Really for Big Media?
On May 13, 2015, The SPEAK FREE ACT of 2015, H.R. 2034, was introduced in the House of Representatives. The SPEAK FREE ACT is intended "to create a special motion to dismiss strategic lawsuits against public participation (SLAPP suits)." This Bill was introduced in...
New York’s First Department Holds That Classification Limitation Endorsement Is Part Of The Coverage Grant, Not An Exclusion, Meaning It’s Not Waivable Under Insurance Law.
In Black Bull Contracting, LLC v. Indian Harbor Insurance Company, 2016 NY Slip Op 00002, New York's Appellate Division, First Department recently concluded that a classification endorsement barred coverage, holding in the process that the endorsement, read together...
The Second Circuit Swims Alone Against the Tide in Tossing ATS Claims against the Arab Bank
On December 8, 2015, the United States Court of Appeals for the Second Circuit upheld the District Court's dismissal of claims by plaintiffs against Arab Bank, a corporation, under the Alien Tort Statute (the "ATS") 28.U.S.C §1350 on the grounds that ATS claims...
The Connecticut Supreme Court, the U.S. Supreme Court and Pope Francis all address the death penalty
Are alleged sentencing arbitrariness in death penalty cases and a shift in public opinion setting the death penalty on the road to the U.S. Supreme Court? Last year, of the 31 states that allow capital punishment only seven states carried out executions. Nineteen...
Since when do Plaintiffs Class Action Firms shy away from a data hacking case? When the victims were pursuing extramarital affairs.
AshleyMadison.com is a Canadian-based on-line dating service for the married or others in a committed relationship. Its slogan is "Life is short. Have an affair." In July, hackers stole its customer data, including names, addresses, sexual fantasies and credit card...