It’s time for another Court of Appeals news roundup. Once again, we’ve relied on our own research to gather the sources this week but would welcome any suggestions that you might have. Please email us any ideas (twentyeagle@twentyeagle.com).
Several outlets reported on a recent case involving hippos who are related to hippos that once roamed Pablo Escobar’s estate. In that case, a federal judge in Ohio held that the hippos are “persons.” The media coverage also discusses Matter of Nonhuman Rights Project v. Breheny, in which the New York Court of Appeals will decide whether a nonhuman animal can seek a writ of habeas corpus. Coverage comes from The Guardian, Oxygen, Texas News Today, Law360, and the Associated Press.
At the National Law Review, Jeffrey W. Brecher and Justin R. Barnes cover the Court of Appeals’ recent decision in Simmons v. Trans Express Inc., in which the Court held that small-claims judgments have claim-preclusive, but not issue-preclusive, effect.
In the New York Law Journal, Andrew Denney reports that the New York State Bar Association has released its ratings for the candidates to replace Judge Eugene Fahey, who will retire at the end of this year. The State Bar Association rated Timothy Murphy, Hon. Erin Peradotto, Hon. Stan Pritzker, and Hon. Shirley Troutman “well qualified.” It rated Hon. Francesca Connolly, Corey Stoughton, and Hon. Joanne Winslow “qualified.”
In other judicial-nomination news, multiple outlets reported on the letter that 10 State Senators sent to Governor Hochul, urging her to “advance the rights of all New Yorkers, particularly the most vulnerable.” The Senators identified Timothy Murphy and Corey Stoughton as the two candidates who fit the bill. Coverage comes from The National Herald, The Queens Daily Eagle, and Spectrum News.
Professor Noah. A. Rosenblum voices a similar sentiment in the New York Law Journal, urging Governor Hochul to “pick a progressive” for Judge Fahey’s seat. Professor Rosenblum, along with Alice Fontier, discuss the nomination on the Brian Lehrer show.
In their Court of Appeals roundup for the New York Law Journal, Linton Mann III and William T. Russell Jr. discuss the Court’s recent decision in Adar Bays v. GeneSys ID, which addressed the intersection of criminal usury laws and stock conversion options.
At Bloomberg, Mary Anne Pazanowski covers the Court’s decision in Ortiz v. Ciox Health, which held that the Public Health Law does not allow a private right of action for medical-record copying overcharges.
At Courthouse News Service, Daniel Jackson writes about Kainer v. UBS AG, a case to recover Nazi-looted art. The case, in which the Court heard argument last week, will address the proper application of New York’s forum non conveniens doctrine. Jane Wester also discusses the case for the New York Law Journal.
Finally, Professor Marin K. Levy has a fun and fascinating Twitter thread on how the Court of Appeals got its name.
Posted on 2021-11-22.