Supreme Court denied RFK Jr.’s request for spot on New York ballot

Supreme Court denied RFK Jr.’s request for spot on New York ballot

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The Supreme Court on Friday denied a request from the campaign committee for Robert F. Kennedy Jr., to reinstate him to New York’s ballot for the 2024 presidential election. Kennedy suspended his campaign in August and endorsed former President Donald Trump. A New York court had ordered the state’s board of elections to strike him from the ballot because Kennedy – who lives in California – had used an address in New York in his filing papers, but Kennedy … Read the rest

Supreme Court rejects Missouri’s request to block Trump’s New York gag order, sentencing

Supreme Court rejects Missouri’s request to block Trump’s New York gag order, sentencing

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The Supreme Court on Monday turned down a plea from Missouri to block New York from imposing a gag order and sentencing former President Donald Trump in his criminal proceedings there until after the 2024 elections.

After a six-week trial, Trump was convicted in May in a New York state court on 34 counts of falsifying business records. Prosecutors contended that Trump sought to hide a $ 130,000 payment to adult film star Stormy Daniels during the 2016 election, … Read the rest

Little guidance from court on New York interest requirement on national bank escrow accounts

Little guidance from court on New York interest requirement on national bank escrow accounts

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Justice Brett Kavanaugh’s opinion for a unanimous court Thursday in Cantero v. Bank of America will not be one for the casebooks or treatises, as it says almost nothing about how the lower court is supposed to reconcile provisions of the National Bank Act that protect national banks with a New York statute requiring all banks (including national banks) to pay interest on the escrow accounts they hold for their mortgage customers.

The difficulty arises because amendments to the … Read the rest

New York Requires Paid Lactation Breaks and Prenatal Leave (US)

New York’s recently approved 2024 – 2025 budget brings two major changes to the landscape of leave and accommodation laws that New York employers need to know about.

Paid Lactation Breaks

Effective June 19, 2024, all private sector employers (regardless of size) will be required to provide 30 minutes of paid break time to employees who need to express breast milk for a nursing child at work. Employees must also be allowed to use any existing paid break or meal … Read the rest

Fires at New York Battery Energy Storage System Facilities Ignite State Response

On July 28, 2023, in response to three separate fires at Battery Energy Storage System (“BESS”) locations in New York, Governor Kathy Hochul announced the creation of an inter-agency fire safety working group.  The Fire Safety Working Group, to be comprised of the Division of Homeland Security and Emergency Services Office of Fire Prevention and Control, New York State Energy Research and Development Authority (NYSERDA), New York State Department of Environmental Conservation, Department of Public Service, and the Department of … Read the rest

Homeowners ask the justices to enforce a New York consumer-protection law against banks

Homeowners ask the justices to enforce a New York consumer-protection law against banks

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

A response to the mortgage crisis of 2007, the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010 ushered in a host of new federal rules and oversight for the financial sector. This week, we highlight cert petitions that ask the court to consider, among other things, whether that … Read the rest

Incriminating statement in New York shooting reaches the court for a second time

Incriminating statement in New York shooting reaches the court for a second time

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

The Sixth Amendment gives anyone standing trial the right “to be confronted with the witnesses against” them. In January, the justices held that a New York court violated the confrontation clause when it upheld a homicide conviction although the jury had heard an incriminating statement from a co-defendant who did … Read the rest

In New York bid-rigging case, justices are dubious of the “right to control” theory of fraud

In New York bid-rigging case, justices are dubious of the “right to control” theory of fraud

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The Supreme Court heard oral argument on Monday in the case of Louis Ciminelli, an executive convicted of federal wire fraud in connection with bid-rigging to secure a $ 750 million New York state contract. The trial court informed a federal jury regarding a “right to control” theory of fraud, and the jury convicted Ciminelli. At argument, Justice Neil Gorsuch remarked at the “radical agreement” among all that the right-to-control theory was flawed, but there was less consensus as … Read the rest