Awaiting Appellate Precedent – Are New York Foreclosure Limits Constitutional?

Over a year after becoming law, New York’s Foreclosure Abuse Prevention Act, L. 2022, ch. 821 (eff. Dec. 30, 2022) (FAPA) continues to divide trial courts regarding the constitutionality of the law’s retroactive application. Appellate level guidance remains wanting.

FAPA amended certain New York rules related to the time limits for commencing mortgage foreclosures. Litigation subsequently arose as to whether the amendments applied prospectively, or instead reached back to alter the legal consequences of prior acts. In […]

By | February 6th, 2024 ||

Utah Court Of Appeals Confirms Athletes’ First Amendment Rights: Keisel v Westbrook And The Utah Jazz

The Utah Court of Appeals has spoken: an athlete’s opinion on what connotes racist rhetoric is protected free speech. In a significant legal ruling that underscores the balance between sportsmanship, the right to free expression, and the duty of professional athletes to maintain their composure, the Utah Court of Appeals recently confirmed a lower Utah state court ruling granting summary judgment in favor of Russell Westbrook and the Utah Jazz in a lawsuit brought […]

By | February 3rd, 2024 ||

Lewis Brisbois’ Boston Office Obtains Appellate Win For Wholesale Food Service Company

Boston Partners Kenneth B. Walton and Patricia B. Gary recently obtained a favorable decision from the U.S. Court of Appeals for the First Circuit in Cappello v. Restaurant Depot, LLC. Anthony Cappello, a New Hampshire resident, consumed a take-out salad from a counter-serve deli in New Jersey. Within days of returning to New Hampshire he was diagnosed with a life-threatening E. coli infection that required surgery, including removal of his colon.

Cappello sued our client — […]

By | February 1st, 2024 ||