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5 results on '"Montes, Richard J."'

1. The preservation rule in the New York Court of Appeals: how recent decisions and characterizations of the rule inform advocacy.

Author

Montes, Richard J. and Beatty, David A.

Subjects
Writ of error coram nobis -- Laws, regulations and rules, Appellate procedure -- Laws, regulations and rules, Judicial review -- Laws, regulations and rules, New York. Court of Appeals -- Powers and duties -- Evaluation, Government regulation
Abstract

I. INTRODUCTION The Court of Appeals has engaged in sharp and divisive debates on the preservation rule over the past few years. These debates are important in light of how [...]

Published
2014

2. Are the appellate courts deviating from the 'deviates materially' standard of review?

Author

Montes, Richard J. and Beatty, David A.

Subjects
Damages -- Standards, Appellate procedure -- Standards, New York. Civil Practice Law and Rules (N.Y.C.P.L.R. 5501(c))
Abstract

Efforts at tort reform have taken many forms over the years. One area that has received considerable attention is the size of pain and suffering awards. While some states have [...]

Published
2013

3. Recent interpretations of the CPLR by New York appellate courts.

Author

Goldberg, Barbara D. and Montes, Richard J.

Subjects
Judicial process -- Laws, regulations and rules, Appellate procedure -- Laws, regulations and rules, Discovery (Law) -- Laws, regulations and rules, Government regulation
Abstract

To borrow an analogy from Charles Dickens, New York's Civil Practice Law and Rules CCPLR") might appropriately be described as the "tale of two faces." (1) Or perhaps the better [...]

Published
2011

4. THE PRESERVATION RULE IN THE NEW YORK COURT OF APPEALS: HOW RECENT DECISIONS AND CHARACTERIZATIONS OF THE RULE INFORM ADVOCACY.

Author

Montes, Richard J. and Beatty, David A.

Subjects
*UNITED States appellate courts, *JUSTICE administration, *CRIMINAL justice system, *JURISPRUDENCE, *PUBLIC administration
Abstract

The article discusses the fundamental the preservation rule and its exceptions are to appellate practice in New York. Topics discussed include preserve an objection at the trial court; historical framework of the preservation rule and appellate review; and the New York Court of Appeals jurisdiction in cases such as 'Duryea v. Vosburgh,' 'People v. Turriago,' and 'People v. Hawkins.'

Published
2015

5. ARE THE APPELLATE COURTS DEVIATING FROM THE ?DEVIATES MATERIALLY? STANDARD OF REVIEW?

Author

Montes, Richard J. and Beatty, David A.

Subjects
*JUDICIAL review of arbitral awards, *JUDICIAL review, *UNITED States appellate courts, *CODIFICATION of law, *LEGISLATION, *STATUTORY interpretation
Abstract

The article focuses on the efforts of the U.S. Appellate Courts in applying the deviates materially standards for the review of the arbitral awards. Topics discussed include legislature adoption of the deviates materially standards, rules of the court for applying the review standards and role of the courts in fulfilling the purpose of the formed statutes and laws. It further discusses the method applied by the courts for fulfilling the standards up to the Legislature's intent.

Published
2014

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