Dec 7, 2018

The Great “Washing Machine” Dispute

Nancy McCaskill  bought the shares for a cooperative apartment in Mount Vernon, New York in April 1998. At the time she entered into possession a washing machine was installed. In 2014, the Board of Directors enacted the following House Rule 21: The Board of Directors having determined that the plumbing systems of the Buildings are… Read more

Oct 5, 2018

Beware of the “Espinal” Exceptions

Documents included with offering plans (i.e. declarations, by-laws, rules and regulations, etc.) and other evidence are used to determine whether the board of a residential cooperative or condominium or the owner of an apartment is responsible to fix failures in a building system.  Keep in mind, however, that a board or managing agent may become… Read more

Sep 21, 2018

Court Addresses Dispute Over Display of American Flag

Condominium declarations, by-laws and rules and regulations govern many details of residential apartment living and unit owners are obligated to comply with them even if they feel that they impinge upon their rights.  This point is illustrated by a recent lawsuit involving the display of an American flag. A unit owner had installed a relatively… Read more

Jul 25, 2018

Husted: The Legality of Purging the Voter Rolls

Voting Booth-145914665

By: Marcie Ernst and Melanie Walker[1] The United States Supreme Court recently ruled in Husted, Ohio Secretary of State v. A. Phillip Randolph Institute[2] that Ohio’s process for removing voters on change-of-residence grounds did not violate the National Voter Registration Act (NVRA), also known as the “Motor Voter Act.”[3] A. Phillip Randolph Institute, a labor… Read more

Dec 7, 2017

“We Have a Deal” Email Established an Enforceable Settlement, and “Standard” Release Was Not a Material Term of the Settlement

Email on Keyboard

In Scheinmann v. Dykstra, 2017 WL 1422972 (S.D.N.Y. Apr. 21, 2017), a New York federal court considered the issues of whether a series of emails was sufficient to establish an enforceable settlement agreement between the parties, and whether a “standard” release was part of the deal. In this lawsuit against a former Mets baseball player,… Read more

Nov 3, 2017

“For Whom the Bell Tolls”: SCOTUS to Decide When Statute of Limitations is Tolled After Dismissal of State Law Claims Without Prejudice

Gavel on desk

Litigants often try to resolve their federal and state law claims in a single action. In order for a federal court to hear state law claims, it must invoke supplemental jurisdiction, codified at 28 U.S.C. § 1367. As long as the court has subject matter jurisdiction and the state law claim arises out of the… Read more

Sep 27, 2017

Service by Mail Under the Hague Service Convention

International Mail

By Marcia M. Ernst[1] The United States Supreme Court recently ruled in Water Splash, Inc. v. Menon[2] that Article 10(a) of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters[3] (“Hague Service Convention”) does not prohibit service of process by mail. The Hague Service Convention is an international… Read more

Aug 29, 2017

How Long Will a Civil Appeal in the Eleventh Circuit Typically Take?

Court Appeal 2

There are 13 federal appellate courts called the U.S. Courts of Appeal that sit below the U.S. Supreme Court. These courts hear appeals from 94 federal trial courts, which are called the U.S. District Courts. According to statistics from the Administrative Office of the United States Courts published in its Judicial Business 2016 report for… Read more

Jul 31, 2017

Commercial Litigation Versus Other Civil Litigation, and Emerging Commercial Litigation Trends

Judge's Bench

Introducing the Smith, Gambrell & Russell’s Litigation Blog The litigation attorneys of Smith, Gambrell & Russell, LLP are proud to announce the launch of the firm’s Litigation Blog, which covers trending news and hot topics in the area of commercial litigation. The firm’s litigators have handled commercial disputes and trials for decades, and we are excited… Read more