29 Dec Appeals Courts Frequently Cite Our Cases – Aug 2012
Not one, but TWO of our past victories were just cited by an Appeals Court – August 2012
Our accident and personal injury cases, which make up a large part of our practice, are usually resolved by reaching a settlement with a corporation or insurance company. The settlement normally includes the payment of a sum of money to the injured party, as well as an agreement that both sides will cease and desist from any further litigation. (For an example of the rare car accident case that gets appealed by our office, please click on the link here:
However, unlike the accident and negligence cases, the other cases handled by our law firm often get appealed, and sometimes result in the clarification or expansion of existing law. When this happens, our court cases are often cited by other attorneys in their legal briefs to court. Those other attorneys and law firms bring our cases to the attention of the judges in their cases in the hope that citing our cases will help them win their cases.
Of course, lawyers who utilize this process do not cite just the cases won by this law firm only. They also cite cases won by other law firms. In fact, it is one of the most common methods all lawyers throughout the country use to strengthen their cases.
However, what is unusual is just how often our cases are cited by appeals courts. We are, after all, only a small law firm. But it seems we are a small law firm making a very big impact. Here’s a few examples.
Discrimination / Sexual Harassment: Hayut v. State University of New York has been cited by courts throughout the country thousands of times. You can confirm this assertion by going to Google Scholar, typing these three words in quotation marks as follows: ”Hayut and Univ.” You will note that the case is cited over 300 times. If you type the same words into a legal research database, which is a much larger library of court decisions, you will note that our Hayut case has been cited by courts and judges over a thousand times.
False Arrest / Civil Rights: Torres v. Village of Sleepy Hollow has been cited by courts throughout New York State many times. Again, check Google Scholar and type in these four words in quotation marks as follows: ”Torres and Sleepy Hollow”. The case has been cited several times and, if you type the same words into a legal research database, which has a more extensive collection of court cases, you will note that our Torres case has been cited by other judges on numerous occasions.
And now we have even bigger news. Just last month, in July 2012, even though there were thousands and thousands of cases to choose from, we had the good fortune of having TWO of our cases cited by an appellate court in ONE decision. That’s hard to believe, but it’s true. Just last month, the Appellate Division, Second Department, issued a decision in this matrimonial and family law case:
Matter of Giannoulakis v. Kounalis, 2012 NY Slip Op 5637 – NY: Appellate Div., 2nd Dept., 2012
The issue in the Giannoulakis case involves child custody and visitation. And our law firm has no involvement whatsoever with the Giannoulakis case. But if you read the decision, you will note that the Appellate Division cites not one previous Martin & Colin victory, but two. The case of Cervera v. Bressler is cited by the appeals court. Bressler was one of our clients. In that case, we successfully obtained a change of custody of the child to her mother. The case of Thompson v. Yu-Thompson is also cited by the very same appeals court. Yu-Thompson was one of our clients. In that case, we successfully obtained an order requiring that both the father and the child undergo therapy as part of the father’s visitation process, at the father’s expense.
Thus, we bring the Giannoulakis case to your attention because it was decided just last month, i.e., August 2012, and in that decision the appeals court cites not one, but two, separate Martin & Colin, P.C. wins.
A total of five cases are cited. Two are ours. That’s a large accomplishment for a small law office.