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Graham v. Dunkley, 2008 WL 269527 (N.Y.A.D. Feb. 1, 2008). An Appellate Division reversal of a notorious lower court decision which held the Graves Amendment (the federal statute preempting state laws holding motor vehicle lessors to be vicariously liable for injuries caused by their lessees) to be contrary to the U.S. Constitution as a violation of the commerce clause. Consistent with a number of other listed decisions and contrary to the holding below, this court finds that the New York vicarious liability statute has a substantial effect on interstate commerce and that the federal statute preempting it is a legitimate exercise of federal power to govern interstate commerce.
'There can be no real dispute that the rental and lease of vehicles, and the conditions under which such transactions occur, are economic activities which impact the national market ' As detailed in amicus briefs, vicarious liability laws caused lessors to either cease leasing cars in states having them, opting for more expensive balloon note structures, or spread the cost of higher insurance premiums to lease customers nationwide.'
Kumarsingh v. PV Holding Corp., 2008 WL 238955 (Fla.App. Jan. 30, 2008). A brief decision affirming the holding of a lower court that the Graves Amendment supersedes and abolishes the Florida statute governing vicarious liability of auto lessors as of the federal statute's effective date (Aug. 10, 2005). In this case, the appellate court agreed with the trial court's determination that the defendant lessors were liable only up to the limits of the statutory self-insurance financial responsibility minimums set forth in the Florida statute ($10,000), the auto's lessee who caused the injuries having been uninsured.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.