Certiorari Crossroads: Navigating Appeals And Dissents In Cryan v. National Council Of YMCAs

In Cryan v. National Council of YMCAs of the U.S., the North Carolina Supreme Court gave a refresher on certiorari review and appeals from a dissent.

The plaintiff in Cryan sued the YMCA for decades-old abuse made actionable by North Carolina’s SAFE Child Act. The YMCA moved to dismiss and argued the act was unconstitutional. The trial court ruled that the YMCA mounted a facial challenge to the act, so it referred the motion to a three-judge panel […]

By | July 31st, 2023 ||

Ross And Lawless Team Up To Win Appeal – Preserving Defense Verdict And Summary Judgment Victory

Mathew Ross (Partner-White Plains) and Patrick Lawless (Partner-New York) obtained an excellent unanimous decision from the Appellate Division, Second Department on a difficult construction case. Mat tried the case for a large city and its School Construction Authority in the latter part of 2019 and obtained a unanimous jury defense verdict after the plaintiff turned down a sizeable offer to settle the case while the jury was deliberating. The plaintiff appealed the final judgment, […]

By | July 28th, 2023 ||

Supreme Court Agrees To Hear Appeal From First Circuit Of Website Accessibility Tester Case

On March 27, 2023, the Supreme Court granted a petition for a writ of certiorari by Acheson Hotels in Acheson Hotels, LLC v. Deborah Laufer, Case No. 21-1410. In its petition to appeal from an earlier First Circuit decision analyzed in a prior post, Acheson Hotels asks the Supreme Court to resolve the following question:

Does a self-appointed Americans with Disabilities Act “tester” have Article III standing to challenge a place of public accommodation’s failure to provide disability accessibility […]

By | July 20th, 2023 ||