Super Lawyers
William C. Altreuter

Friday, May 21, 2010

Splits among the four Appellate Divisions are great fun, and they can linger for a long time. The other day we talked about the Second Department's sui generis approach to non-party discovery. A tells me there is an upstate/downstate split on the question of who has the burden of proof of collectability. As with the discovery question the collectability is likely to endure for a while because the sorts of cases where this is an issue are far more likely to settle or otherwise resolve than they are to work their way up the the Court of Appeals. (Actually, it seems to me that the most probable path for the collectability thing to find its way to 20 Eagle Street might be by way of the certification process from the Second Circuit. Wouldn't that be exciting?)

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