64 Cited authorities

Addington v. Texas
441 U.S. 418 (1979) Cited 2,628 times 5 Legal Analyses
Holding that "the individual's interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by proof more substantial than a mere preponderance of the evidence"
Soldal v. Cook County
506 U.S. 56 (1992) Cited 1,342 times 4 Legal Analyses
Holding that Fourth Amendment protects possessory interest even absent liberty or privacy interests
Foucha v. Louisiana
504 U.S. 71 (1992) Cited 1,265 times 13 Legal Analyses
Holding broadly that insanity acquittees may not be detained unless the government can show they are dangerous by clear and convincing evidence
Vitek v. Jones
445 U.S. 480 (1980) Cited 1,983 times 4 Legal Analyses
Holding that "the stigmatizing consequences of a transfer to a mental hospital for involuntary psychiatric treatment, coupled with the subjection of the prisoner to mandatory behavior modification as a treatment for mental illness, constitute the kind of deprivations of liberty that requires procedural protections"
Palka v. Servicemaster Mgt.
83 N.Y.2d 579 (N.Y. 1994) Cited 686 times
Holding third party liable where third party's all-inclusive maintenance contract rendered it the only guarantor of "a safe and clean . . . premises."
Lauer v. City of New York
95 N.Y.2d 95 (N.Y. 2000) Cited 545 times 1 Legal Analyses
Holding that the Medical Examiner's statutory duty to prepare post-autopsy reports and report to the District Attorney benefits "the public at large" and was not enacted for individual benefit
D'Amico v. Christie
71 N.Y.2d 76 (N.Y. 1987) Cited 467 times
Holding that application of dram shop law "requires a commercial sale of alcohol"
N. X. v. Cabrini Medical Center
97 N.Y.2d 247 (N.Y. 2002) Cited 302 times 1 Legal Analyses
Holding that hospital resident's sexual assault of patient was outside the scope of employment
Project Release v. Prevost
722 F.2d 960 (2d Cir. 1983) Cited 416 times
Holding that New York's civil commitment scheme is consistent with substantive and procedural due process under the United States Constitution
Darby v. Compagnie Nat. Air France
96 N.Y.2d 343 (N.Y. 2001) Cited 201 times
Holding that hotel, which encouraged and facilitated use of beach by its guests but exercised no management, supervision, or oversight with respect to it, owed no duty to guests to warn of rip tides

Kevin Kowalski, Appellant,v.St. Francis Hospital and Health Centers, et al., Respondents, et al., Defendants.

64 Cited authorities

Holding that "the individual's interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by proof more substantial than a mere preponderance of the evidence"

Holding that Fourth Amendment protects possessory interest even absent liberty or privacy interests

Holding broadly that insanity acquittees may not be detained unless the government can show they are dangerous by clear and convincing evidence

Holding third party liable where third party's all-inclusive maintenance contract rendered it the only guarantor of "a safe and clean . . . premises."

Holding that the Medical Examiner's statutory duty to prepare post-autopsy reports and report to the District Attorney benefits "the public at large" and was not enacted for individual benefit

Holding that application of dram shop law "requires a commercial sale of alcohol"

Holding that hospital resident's sexual assault of patient was outside the scope of employment

Holding that New York's civil commitment scheme is consistent with substantive and procedural due process under the United States Constitution

Holding that hotel, which encouraged and facilitated use of beach by its guests but exercised no management, supervision, or oversight with respect to it, owed no duty to guests to warn of rip tides