Melito & Adolfsen P.C. Legal Articles
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...
What’s the big hoopla in the City during the dog days of summer? Can the City arrest the topless women in Times Square for indecency.
For years, the Naked Cowboy, dressed in nothing but his underwear, hat, and boots and with a guitar, has been posing with tourists in Times Square-causing barely a ripple in the news. This summer the women have joined in on the action posing for photos with tourists...
Be Careful whom you friend on Facebook. When things go south, your next message may have a summons and complaint attached.
The few decisions addressing the propriety of service via social media reportedly are split on the issue.In a situation that is likely to become more common, a New York County Supreme Court Judge, Matthew Cooper, ruled that a wife could serve her husband via Facebook...
NJ Court says no double recovery for alleged injuries in Nursing Home.
On post trial motions, based on recent decisions of the NJ Appellate Division, a private plaintiff cannot assert a cause of action against a nursing home for failure to comply with statutes, rules and regulations, but only for a violation of the patients' bill of...
A mere reservation or rights by an insurer does not require the insurer to supply independent counsel to its insured.
A bill recently introduced in the Illinois State Senate known as the Insureds Independent Counsel Act, while, if enacted, will only apply in that State, is instructive as to when an insurance company must supply independent counsel. Significantly, the bill limits the...