The First Department reverses a trial court’s limitation of legal malpractice damages, holding that whether a client’s misrepresentations to Walmart constituted an intervening superseding cause raises a triable issue of fact — and that $40 million in EPA-embargoed inventory losses are not capped by the client’s separate fraud.
The Pennsylvania Supreme Court reversed the Commonwealth Court and held that “skill game” devices—electronic gaming terminals marketed as legal skill-based alternatives to slot machines—are “slot machines” under the Gaming Act and prohibited “gambling devices” under the Crimes Code, with a 120-day stay giving operators time to adjust before enforcement resumes.
The First Department affirmed $2.78 million in additional restitution against equipment leasing fraud defendants under Executive Law § 63(12), rejecting attempts to relitigate resolved liability findings and sustaining the AG’s restitution calculation formula.
The First DCA set aside the Department of Health’s denial of operating permits for a float tank therapy business, finding the Department improperly relied on an unadopted rule — the ‘2020 Float Tank Code’ — and failed to adequately explain its rejection of the ALJ’s findings.