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

Years in the making: New York issues two sets of “final draft” corporate tax reform regulations

On April 29, 2022, the New York State Department of Taxation and Finance issued two sets of “final draft” regulations relating to the corporation franchise tax reform that took effect for tax years beginning on or after January 1, 2015. Since the sweeping corporate tax reform was enacted, the Department has published a series of proposed updates to the Article 9-A corporation franchise tax regulations, but the two sets of regulations issued on April 29 are the first to be … Read the rest

New York sues New Jersey over compact governing Port of New York and New Jersey

New York sues New Jersey over compact governing Port of New York and New Jersey

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This week we highlight cert petitions (and one original action) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey.

In New York v. New Jersey, New York files an original action in the Supreme Court against New Jersey, asking the justices to decide whether New Jersey can unilaterally withdraw from … Read the rest

Majority of court appears dubious of New York gun-control law, but justices mull narrow ruling

Majority of court appears dubious of New York gun-control law, but justices mull narrow ruling

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This article was updated on Nov. 3 at 5:15 p.m.

When Wednesday’s oral argument in New York State Rifle & Pistol Association v. Bruen drew to a close after roughly two hours of debate, it seemed likely that New York’s 108-year-old handgun-licensing law is in jeopardy. But the justices’ eventual ruling might be a narrow one focused on the New York law (and others like it), saving broader questions on the right to carry a gun outside the home … Read the rest