Comments on Recent Cases: July 2023
Image credit: https://en.wikinews.org/wiki/European_Space_Agency%27s_Euclid_telescope_launches_from_Florida,_US?dpl_id=2974932#/media/File:Euclid_looking_into_the_Universe_ESA24697255.jpeg
Part of my work involves reading court decisions to keep abreast of how judges decide the types of cases I handle. Below, I share some thoughts on recent decisions.
Court Affirms Statutory Extension of Limitation Period
It is important for litigants to assert their claims before they expire pursuant to the applicable statute of limitations. If they wait, a court may dismiss them at an early stage of the case. Or they may need to litigate academic issues concerning the application of the time limits.
For example, in a recent case, the New York State Attorney General brought a lawsuit against various members of the Trump family. The defendants argued the claims were untimely because, at the time of the alleged conduct, the applicable statute of limitations was three years. The government brought its claims more than three years later, but after the legislature passed a law extending the limitations period. The state appellate court in Manhattan affirmed that the new deadline, and not the old one, applied.
Cases like this illustrate the importance of the statute of limitations.
Court Reverses Dismissal Arising from Law Office Failure
Courts take deadlines seriously in #litigation. But sometimes, a lawyer misses a deadline and a court will forgive the mistake. Even so, getting that forgiveness can be a difficult process.
For example, in a recent case, the state appeals court in Manhattan considered a case in which a plaintiff sued a defendant for personal injuries. When the plaintiff failed to submit evidence for over a year, the trial court dismissed the case. After an appeal, the appellate court reversed the dismissal, since a “law office failure” should not harm the client.
Cases like this illustrate how courts treat lawyer mistakes.
Court Holds Witness Insufficiently Knowledgable to Support Claim
It’s not enough to find a witness to support your case. In litigation, you need to find the right witness who is qualified and knowledgeable to present the evidence a party needs to support a claim.
A recent case before the state appeals court in Manhattan illustrated this point. In that case, a plaintiff claims she was injured in an accident on a city road. The city presented evidence that it was not aware of any defects in the road, making it not liable for the accident. The plaintiff presented a witness who testified that the city probably knew about the defect because of its regular inspections. The appeals court affirmed that the witness’s testimony was insufficient to support the claim as a matter of law since even he admitted he didn’t have knowledge about the specific details relevant to the case.
Decisions like this reflect the importance of selecting the correct witnesses to support a claim.
Court Refuses to Decide Whether a Master Services Agreement Governs another Agreement Between Parties
Contractors who perform different projects often have a master services agreement and then specific statements of work for each specific project. This format allows parties to negotiate overall terms in one agreement and then focus on specific details when discussing specific work without the need to redo basic terms or fret about consistency of their obligations. But it is not always clear when a master services agreement applies to a statement of work.
For example, in a recent case before the state appellate court in Brooklyn, a contractor claimed that an agreement to work on a chimney was a stand-alone agreement, not governed by the terms of a master agreement that applied to construction and maintenance work. The contractor asked the court to dismiss the case against it, but the court held that the agreement was ambiguous and so it did not agree to dismiss the claim before trial on that ground.
Cases like this illustrate the need for contractors to clarify whether certain agreements are governed by other agreements.