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News — Former New York State Court of Appeals Associate Judge Leslie Stein is available to speak about the recent procedural developments in .

On Monday, Judge Jed Rakoff, the judge overseeing the case said , ruling that Palin's team did not prove a key element of its case.

While the jury is deliberating over a verdict - and Rakoff said he will allow the jury to continue deliberating and to reach a verdict - he will dismiss the case once the jury has finished.

Currently serving as the Director of the Government Law Center at Albany Law School, Judge Stein is available to address the procedural how, why, and what’s next about the dismissal.

Judge Stein was nominated to serve on New York’s highest court in October 2014 and her nomination was confirmed by the New York State Senate on February 9, 2015. She retired from the high court in June 2021.

"Although it is relatively common for a judge in a civil case to set aside a verdict as a matter of law and dismiss the case after the jury has rendered its verdict, it is unusual for a judge to announce a decision that it will dismiss a case while the jury is still deliberating. In Palin v New York Times, Judge Rakoff indicated that he would allow the jury to continue to weigh the evidence, but would ultimately dismiss the case regardless of the jury’s verdict in order to avoid complications on appeal. Proceeding this way avoids the necessity of a retrial if the jury decides in favor of the plaintiff and the Second Circuit then finds the judge’s dismissal ruling to be in error. Conversely, if the jury finds in favor of the defendant, Judge Rakoff can simply let the jury verdict stand. In that scenario, the plaintiff’s chances of success on appeal would be very low, as Federal appellate courts rarely overturn a jury’s factual determinations. What is unusual here is the judge’s announcement of its determination before the jury’s verdict is rendered. Most judges take a wait-and-see approach. However, Judge Rakoff is a well-respected jurist on the Southern District of New York court, so presumably he has a purpose for the timing he has chosen for the announcement of his decision," Stein said about the developments.

Judge Stine is also available by appointment.

More about Judge Stein: https://www.albanylaw.edu/government-law-center/government-law-center-staff