Recent Change to New York’s to CPLR 3212(b) As you may be aware, New York’s Civil Practice Law and Rules (CPLR) Section 3212 governs motions for summary judgment. CPLR 3212(b) was amended, effective December 11, 2015, to allow the lower court, in support or opposition to a summary judgment motion, to consider an expert affidavit whether or not such expert has been previously disclosed. […]
Yearly Archives: 2018
On April 28, 2016, in a 5-2 decision, the Florida Supreme Court struck down the mandatory fee schedule for attorneys’ fees in workers’ compensation cases outlined in Florida Statute § 440.34 (2009) as unconstitutional at both the state and federal levels. The ruling came after the court addressed the issue presented in the case of Marvin Castellanos v. Next Door Company, et al., SC13-2082, where […]
New Jersey Court Rule 4:46-2 enables a party to move for summary judgment. The rule and its subsequent jurisprudence mandates that an award of summary judgment is warranted in instances in which there are no material facts in dispute and the moving party is entitled to judgment as a matter of law. See Judson v. People’s Trust Co. of Westfield, 17 N.J. 67, 73 (1954). Below […]
