Requires the appellate division gives the highest degree of deference to the jury's fact finding, including its assessment of damages.
Impact
The proposed changes under A09552 could have significant implications for the judicial landscape in New York. By mandating a higher level of respect for jury decisions, the bill may reduce the instances in which appellate courts overturn jury awards on the grounds of reasonableness. Advocates suggest that this reform will enhance the public's confidence in the jury system and ensure that juries retain their critical role in civil judgment processes, fostering a more favorable environment for plaintiffs seeking damages.
Summary
Bill A09552 aims to amend existing civil practice law in New York, specifically regarding the level of deference that the appellate division must provide to jury findings, including damage assessments. The legislation seeks to ensure that when appellate courts review jury decisions, they must give 'the highest degree of deference' to the jury's fact findings, effectively reinforcing the authority of juries in determining damages in civil cases. This amendment is particularly relevant in cases where a jury's financial award is challenged as excessive or inadequate.
Contention
Notably, A09552 has sparked a range of opinions among legislators and legal experts. Proponents, including various legal advocates, argue that the bill is essential for protecting jury authority and ensuring fairness in civil trials. They contend that juries are better suited to assess damages based on the nuances of individual cases. On the other hand, critics express concerns that the bill could lead to excessive jury awards, undermining the balance of judicial review and potentially straining resources available for damages in civil lawsuits.
Provides that when a court of appeals judge recuses themselves from sitting in or taking part in the decision, action, claim, matter, motion or proceeding, a replacement shall be chosen on a rotating basis, based on seniority, of the next available appellate division judge.
Requires certification of filings produced using generative artificial intelligence; requires the brief of an appellant to contain a disclosure of the use of generative artificial intelligence in the drafting of the brief and certification that the content therein was reviewed and verified by a human.
Relates to the requirements of the annual report from the division of minority and women's business development; requires the number of new certifications and recertifications including the basis for any denials be included in the annual report from the division of minority and women's business development.
Requires certification of filings produced using generative artificial intelligence; requires the brief of an appellant to contain a disclosure of the use of generative artificial intelligence in the drafting of the brief and certification that the content therein was reviewed and verified by a human.
Requires the division of human rights to report on its website findings of discriminatory practices relating to lawful sources of income; requires landlords of 6 or more residential units to report annually certain information relating to applicants who receive rental subsidies.