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June 2, 2018
Uber Agrees to Drop Arbitration Clauses in Rider Assault cases

By Michael H. Joseph

While Arbitration agreements in form contracts have been widely criticized by the public as unwittingly duping them into agreeing to waive their rights to access to the Courts, both Federal and New York State Law favor arbitration. Arbitration is the procedure where an arbitrator, as opposed to a jury, hears disputes and renders a decision. It is a streamlined procedure and has minimal rights to review, with limited grounds, such as arbitrator partiality or the abitrator exceeded his or her powers. Often arbitrators are retired Judges or lawyers, who are perceived to be more conservative, i.e, company friendly. While the… Read More

June 2, 2018
Harvey Weinstein Arraigned on Rape Charges

By Michael H. Joseph

On May 25, 2018, disgraced Hollywood producer Harvey Weinstein was arraigned in Manhattan criminal court on charges of rape in the first and third degrees, as well as criminal sexual act in the first degree.  The after the fact accusations of sexual assaults which occurred decades earlier is a hot topic in criminal law and whether New York’s statute of limitations applies, is a question of how serious the incident actually was.  For example, most felony cases cannot be prosecuted after five years, but certain crimes, such as Rape in the first degree, which are the most egregious, have no… Read More

June 2, 2018
Immigrant Detained 8 Months for Turnstile Jumping Is Entitled to Bond Hearing

By Michael H. Joseph

The Southern District of New York just issued a ground breaking decision for a Haitan immigrent, which will likely affect the right of other immigrants held without bal when facining criminal charges in New York City, Westchester and Rockland counties. “The public interest is best served by ensuring the constitutional rights of persons within the United States are upheld,” the U.S. District Judge Alison Nathan of the Southern District of New York Nathan said. Judge Nathan found that the prolonged detention of Augustin Sajous, who came to the United States from Haiti in 1972 when he was 14 years old, without… Read More

May 14, 2018
Divided New York Court of Appeals Establishes 3-Year Limit to Bring No-Fault Claims

By Michael H. Joseph

On May 1, 2018, the New York Court of Appeals ruled that an injured person has a three-year window to file a no-fault claim against a self-insured entity such as the New York City Transit Authority. No fault benefits, under New York law, consist of lost wages and medical payments for treatement related to injuries sustained in a car, bus or truck accident. These include pedestrians or bicyclists hit by a vehicle, as well as drivers and occupants of a vehicle. In this case in 2001, a passenger on a New York City bus, was injured in a motor vehicle… Read More

May 8, 2018
Westchester Court Rules that School is Responsible for Bullying Injury

By Michael H. Joseph

Our White Plains Personal Injury lawyers won a major victory in the Westchester Supreme Court by overcoming a school  district’s motion to dismiss the case. The consequences of bullying have become more serious in recent years, with injuries being the result when Schools do not play active role in protecting our children.  This case involved a personal injury action arising out of an incident involving a bullied student who was assaulted by a fellow student.  In this case, the Defendant’s lawyers brought motion seeking summary judgement dismissing the action in its entirety.  The Westchester Supreme Court held that our school… Read More

May 8, 2018
Prediction/Expectation on Immigration in 2018

By Michael H. Joseph

What are our Westchester Immigration Attorneys expectations for the immigration agenda in 2018? The easiest prediction to make for 2018 is that Donald Trump will not visit the Statue of Liberty on the Fourth of July and extol the virtues of America’s great tradition as a nation of immigrants. On a serious note, whether a prospective immigrant is seeking permanent residence based upon applications which are Employment-based, family-based, or you are a refugee or asylum seeker, the Trump administration plans to make it more difficult for most immigrants to enter or remain in the United States. Low Unemployment but More… Read More

April 28, 2018
America is still a Nation of Immigrants

By Michael H. Joseph

On February 22nd, the United States Citizenship and Immigration Services (“USCIS”) director L. Francis Cissna issued an internal employee memo confirming that the agency’s mission statement had been altered, eliminating any reference to the United States being a “nation of immigrants.” The original mission statement created in 2005 stated, “USCIS secures America’s promise as a nation of immigrants by providing accurate and useful information to our customers, granting immigration and citizenship benefits, promoting an awareness and understanding of citizenship, and ensuring the integrity of our immigration system.” But following Cissna’s edit, the statement now reads, “U.S. Citizenship and Immigration Services… Read More

April 26, 2018
Crime-based removal provision is unconstitutionally vague

By Michael H. Joseph

On April 17, 2018 the Supreme Court announced that an immigration law that allowed deportation of immigrants who committed crimes of violence was unconstitutionally vague when it comes to defining what a “crime of violence” is, with the surprising swing vote coming from Justice Neil Gorsuch, a Trump appointee.  It has long been an established principal of due process that the law must be sufficiently clear, so that people have fair warning when criminal or other penalties will be imposed for their actions. In the case, before the Supreme Court, a  Philippine native James Dimaya, who was a permanent legal resident… Read More

April 19, 2018
In New York Playground Accident Case- Westchester Supreme Court Recognizes that a Violation of Safety Regulation is Evidence of Negligence

By Michael H. Joseph

Our White Plains playground accident lawyers won a major victory in which the defendants’ motion for summary judgement to dismiss the complaint was denied by the Supreme Court of the State of New York for Westchester county.   The case involved a child who sustained a fracture after falling from playgound equipment at a Mohegan Lake School playground. The Westchester Supreme Court found that our White PIains playground accident attorneys, established a case of negligence based on the school’s failure to comply with applicable regulations regarding the surfacing below playground equipment. In other words, even thought the fall was not the fault… Read More

December 20, 2017
Man Gets Served Cockroach With An Order Of Cappuccino

By Michael H. Joseph

A Manhattan man claims in a lawsuit his cappuccino at a swanky Upper East Side steakhouse came with a nasty addition: a large cockroach. The insect was a nightmarish way to end a meal at The Arlington Club, where dinners can easily hit the $500 mark, said Steven Fleming, who brought friends to the eatery in April. His pals were interested in opening a restaurant, so Fleming wanted to show them the place launched by star chef Laurent Tourondel in 2012. They chowed down on salad, steak, and a glass of wine before ordering dessert and coffee, he said. “I… Read More

 
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