The RCBA Journal Legal News Blog
Judge Posner’s Gay Marriage Opinion Is a Witty, Deeply Moral Masterpiece 
Mark Joseph Stern, slate.com
Judge Richard Posner.Photo by John Gress/Reuters Last May, after the proudly independent U.S. District Judge John E. Jones III struck down Pennsylvania’s gay marriage ban, I wrote that the many judges slaying such bans seemed to be in subtle…

Judge Posner’s Gay Marriage Opinion Is a Witty, Deeply Moral Masterpiece 
Mark Joseph Stern, slate.com

Judge Richard Posner.Photo by John Gress/Reuters Last May, after the proudly independent U.S. District Judge John E. Jones III struck down Pennsylvania’s gay marriage ban, I wrote that the many judges slaying such bans seemed to be in subtle…

Thousands of Electronic Case Files Lost in Transition
Joe Palazzolo, wsj.com
The federal judiciary is trimming back some of its offerings in a widely used database of electronic court documents.

Thousands of Electronic Case Files Lost in Transition
Joe Palazzolo, wsj.com

The federal judiciary is trimming back some of its offerings in a widely used database of electronic court documents.

Late-summer opening eyed for much-delayed new state Supreme Court building
Print, silive.com
Officials said they expect to obtain a temporary certificate of occupancy by the end of August and begin the move-in shortly thereafter.

Late-summer opening eyed for much-delayed new state Supreme Court building
Print, silive.com

Officials said they expect to obtain a temporary certificate of occupancy by the end of August and begin the move-in shortly thereafter.

Judge Orders Bank of America to Pay $1.27 Billion in ‘Hustle’ Case
Christina Rexrode, wsj.com
A federal judge in New York ordered Bank of America Corp. to pay $1.27 billion as a penalty for a case involving Countrywide Financial Corp.’s “Hustle” mortgage program.

Judge Orders Bank of America to Pay $1.27 Billion in ‘Hustle’ Case
Christina Rexrode, wsj.com

A federal judge in New York ordered Bank of America Corp. to pay $1.27 billion as a penalty for a case involving Countrywide Financial Corp.’s “Hustle” mortgage program.

New York City Police Unions Barred from Intervening in Stop-and-Frisk Lawsuit
Sean Gardiner, wsj.com
A U.S. District Judge on Wednesday denied motions by the city’s five police unions to be treated as defendants in the landmark stop-and-frisk lawsuit.

New York City Police Unions Barred from Intervening in Stop-and-Frisk Lawsuit
Sean Gardiner, wsj.com

A U.S. District Judge on Wednesday denied motions by the city’s five police unions to be treated as defendants in the landmark stop-and-frisk lawsuit.

In response to the certified question from the United States Court of Appeals for the Second Circuit: 1) for purposes of administering a related bankruptcy, a dissolved law firm’s pending hourly fee matters are not partnership “property” or “unfinished business” within the meaning of New York’s Partnership Law; and 2) a law firm does not own a client or an engagement, and is only entitled to be paid for services actually rendered.

In an action alleging defective design of a product, the trial court erred in giving a jury charge that a defendant who has or claims to have “special skills” in a trade or profession is required to use the same degree of skill and care that others in the same, where: 1) said charge is generally given in case alleging malpractice; and 2) in this situation, the error requires reversal and a new trial.

Defendant’s conviction for cyberbullying after anonymously posting sexual information about fellow classmates on a publicly-accessible internet website is reversed and remanded, where: 1) the text of the cyberbullying law does not adequately reflect an intent to restrict its reach to the three discrete types of electronic bullying of a sexual nature designed to cause emotional harm to children; 2) Albany County therefore has not met its burden of proving that the restrictions on speech contained in its cyberbullying law survive strict scrutiny; 3) although the First Amendment may not give defendant the right to engage in the activities at issue, the text of Albany County’s law envelops far more than acts of cyberbullying against children by criminalizing a variety of constitutionally-protected modes of expression; and 4) Albany County’s cyberspace law, as drafted, is overbroad and facially invalid under the Free Speech Clause of the First Amendment.

Defendant’s conviction for depraved indifference murder is reduced to manslaughter in the second degree, where the evidence was legally insufficient to support defendant’s conviction for depraved indifference murder because the circumstances of this high-speed vehicular police chase do not fit within the narrow category of cases wherein the facts evince a defendant’s utter disregard for human life.

Defendant-city was entitled to judgment as a matter of law, where the markings on the Big Apple Map failed to raise an issue of fact as to whether defendant-city had prior written notice of the alleged defect.