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In the Matter of New York City Asbestos Litigation.--------------------------------Dorcas Hackshaw,, Appellant,v.ABB, Inc.,, et al., Defendants, Crane Co., Respondent.

Brief

40 Cited authorities

  1. Village of Willowbrook v. Olech

    528 U.S. 562 (2000)   Cited 6,566 times   12 Legal Analyses
    Holding that a class of one could challenge different treatment under the Equal Protection Clause where treatment was alleged to be "irrational and wholly arbitrary"

  2. Cleburne v. Cleburne Living Center, Inc.

    473 U.S. 432 (1985)   Cited 9,946 times   5 Legal Analyses
    Holding that mental disability is not a quasi-suspect class

  3. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 16,033 times   43 Legal Analyses
    Holding that federal procedural due process claims are subject to a balancing test, not heightened scrutiny

  4. Gasperini v. Center for Humanities, Inc.

    518 U.S. 415 (1996)   Cited 2,386 times
    Holding that district courts have the "primary responsibility" for applying the state-law excessiveness standard because they have "the unique opportunity to consider the evidence in the living courtroom context, while appellate judges see only the cold paper record." (cleaned up)

  5. Reno v. Flores

    507 U.S. 292 (1993)   Cited 1,770 times   2 Legal Analyses
    Holding that, in the immigration context, minors aged sixteen or seventeen are not "too young or too ignorant to exercise" their right to make a revocable waiver of a removal or deportation hearing

  6. Nordlinger v. Hahn

    505 U.S. 1 (1992)   Cited 1,738 times
    Holding that the legislature need not "actually articulate at any time the purpose or rationale supporting its classification"

  7. Cohen v. Hallmark Cards

    45 N.Y.2d 493 (N.Y. 1978)   Cited 1,955 times   1 Legal Analyses
    Holding that the standard of review in assessing a motion for judgment notwithstanding the verdict is whether there is "simply no valid line of reasoning and permissible inferences which could possibly lead rational [people] to the conclusion reached by the jury on the basis of the evidence at trial"

  8. Small v. Lorillard Tobacco Co.

    94 N.Y.2d 43 (N.Y. 1999)   Cited 706 times   7 Legal Analyses
    Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"

  9. Brown v. State of New York

    89 N.Y.2d 172 (N.Y. 1996)   Cited 581 times
    Holding that award of damages for constitutional tort was necessary where injunctive remedies “all fall short”

  10. Harrah Independent School Dist. v. Martin

    440 U.S. 194 (1979)   Cited 170 times
    Holding that "because employment rights are state-created rights and are not 'fundamental' rights created by the Constitution, they do not enjoy substantive due process protection"

  11. Section 5501 - Scope of review

    N.Y. C.P.L.R. § 5501   Cited 7,279 times   2 Legal Analyses
    Stating that the “shocks the conscience” standard “was relaxed in 1986 in tort actions, including the common personal injury and wrongful death actions in which additur and remittitur are most often seen”

  12. Section R2221 - Motion affecting prior order

    N.Y. C.P.L.R. § 2221   Cited 6,730 times
    Providing that a motion for leave to reargue shall be made within 30 days after service of a copy of the order determining the prior motion and written notice of its entry

  13. Section 5601 - Appeals to the court of appeals as of right

    N.Y. CPLR 5601   Cited 2,380 times

    (a) Dissent. An appeal may be taken to the court of appeals as of right in an action originating in the supreme court, a county court, a surrogate's court, the family court, the court of claims or an administrative agency, from an order of the appellate division which finally determines the action, where there is a dissent by at least two justices on a question of law in favor of the party taking such appeal. (b) Constitutional grounds. An appeal may be taken to the court of appeals as of right:

  14. Section R5522 - Disposition of appeal

    N.Y. C.P.L.R. § 5522   Cited 117 times

    (a) A court to which an appeal is taken may reverse, affirm, or modify, wholly or in part, any judgment, or order before it, as to any party. The court shall render a final determination or, where necessary or proper, remit to another court for further proceedings. A court reversing or modifying a judgment or order without opinion shall briefly state the grounds of its decision. (b) In an appeal from a money judgment in an action in which an itemized verdict is required by ruleforty-one hundred eleven

  15. Section 5712 - Content of order determining appeal

    N.Y. CPLR 5712   Cited 37 times

    (a) Dissents. Every order of the appellate division determining an appeal shall state whether one or more justices dissent from the determination. (b) Order of affirmance. Whenever the appellate division, although affirming a final or interlocutory judgment or order, reverses or modifies any findings of fact, or makes new findings of fact, its order shall comply with the requirements of subdivision (c). (c) Order of reversal or modification. Whenever the appellate division reverses or modifies or

  16. Section 5615 - Disposition upon appeal from order granting new trial or hearing

    N.Y. C.P.L.R. § 5615   Cited 7 times

    When an appeal to the appellate division presented questions of fact and a further appeal is taken pursuant to subdivision (c) of section 5601, or subparagraph (iii) of paragraph two of subdivision (b) of section 5602, the court of appeals shall affirm the order appealed from and shall render judgment or order absolute against the appellant unless the order or opinion of the appellate division recites either that the questions of fact have not been considered or that the court has considered the

  17. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation