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The article addresses new areas of Americans with Disabilities Act (“ADA”) compliance. 

was published on August 31, 2018 in  Hotel Executive Magazine The article addresses new areas of Americans with Disabilities Act (ADA) compliance.

Freiberger Once an attorney appears in an action on behalf of a client and becomes the attorney of record Additionally, an attorney of record “may withdraw or be changed by order of the court in which the action What happens, however, when a litigant’s attorney must be replaced due to “death, removal or disability attorney dies, becomes physically or mentally incapacitated, or is removed, suspended or otherwise becomes disabled CPLR 321(c) “protects client by automatically staying action from the date of the disabling event.”

July 7, 2016), the Seventh Circuit affirmed the dismissal of a False Claims Act complaint, finding that The Union sued under the False Claims Act rather than under the Davis‐Bacon Act, claiming that the payroll reports and applications for payment submitted to the federal government violated the False Claim Act The Court concluded: “Horning may, or may not, have violated the Davis‐Bacon Act. Judge Richard Posner dissented, finding that “an experienced contractor on Davis-Bacon Act projects”

Second Chance Body Armor, et al., No. 04-0280 (D.D.C.), a case brought under the False Claims Act (“FCA government claimed that the defendants, Second Chance Body Armor, Inc., Toyobo Co., Ltd. and Toyobo America Escobar (and its adoption of the implied certification theory of liability in which half-truths are actionable

often dismayed to learn that attorney’s fees are not generally recoverable in litigation under the “American The “American Rule” “reflects a fundamental legislative policy decision that, save for particular exceptions of any nature whatsoever arising out of or incidental to any act performed by a Partner which is not The Court of Appeals explained: Under the American Rule, attorney's fees are incidents of litigation The American Rule is intended to increase free access to the courts for those who would otherwise be

Freiberger This BLOG has written numerous times on statutes of limitation issues in mortgage foreclosure actions Briefly stated, and as has been stated previously in this BLOG, an action to foreclose a mortgage is , among other reasons, the Foreclosure Abuse Prevention Act (“FAPA”) was passed by the New York Legislature Lender in Gifford commenced a mortgage foreclosure action in 2019 after a prior action, commenced in The new action was commenced six years and four months after the commencement of the prior action, which

brought under the Securities Act of 1933 (the “Securities Act”) and does not allow for the removal of claims under the Securities Act. Act and the Securities and Exchange Act of 1934 (the “Exchange Act”). under the Securities Act. 8 Unlike a securities fraud under Section 10(b) of the Exchange Act, 15 U.S.C at **1 and 4 (citing, American Pipe & Const. Co. v. Utah , 414 U.S. 538, 553-555 (1974)). Id.

in the Second Department involving the impact of non-compliance with the Servicemembers Civil Relief Act (f/k/a the Soldiers’ and Sailors’ Civil Relief Act) (the “Act”) on obtaining a default judgment. The Court noted that “the purpose of the Soldiers’ and Sailors’ Civil Relief Act is to prevent default Accordingly, the remedies afforded by the Act are not available to everyone. of his or her default, he or she falls outside of the protection afforded by the Act.”

China Construction America Inc. , 2019 N.Y. Slip Op. 05339 (1st Dept. Plaintiff commenced the action in 2017, asserting causes of action for, among other things, breach of The Court noted that “ act development not create[] a basis to modify legal determination.” In that regard, said defendants, the trial court found that defendants acted with “reckless disregard fraud based on defendants’ statements, plaintiff had to prove defendants “never intended to honor or act

Lender commenced a foreclosure action against the decedent’s heirs in May 2009.  At the time of the commencement of the action a fiduciary had not yet been appointed.  A fiduciary was appointed seven months after the commencement of the action.  because that action was a nullity, the six-year statute of limitations to commence a foreclosure action the complaint was dismissed, but before the appeal was perfected, the Foreclosure Abuse Prevention Act

2024, and November 19, 2024, respectively. [2] FARKAS The lender in Farkas  commenced a foreclosure action A new action was commenced to foreclose the same mortgage in 2022. The Court found that the voluntary discontinuance of the 2008 action did not operate to deaccelerate In 2015, the motion court granted the lender’s motion to discontinue the 2009 action. A new action to foreclose the same mortgage was commenced in 2016.