Decisions

Federal Court Decisions

U.S. District Court, Southern District

United States of America, Plaintiff v. Mark Mazer, et al., Defendants, 11 Cr. 121

Acquittal Judgment, New Trial's Denial After City Payroll System Convictions Explained

Practice Areas: Criminal Law , White Collar Crime , Fraud (White Collar) , Money Laundering

U.S. District Court, Southern District

The State of Texas, et al., Plaintiffs v. Penguin Group (USA) Inc., et al., Defendants, 12 Civ. 3394

States Have Standing, Need Not Seek Class Status For Sherman Act Suit Over Apple E-Book Prices

Practice Areas: Antitrust , Predatory Pricing and Bidding; Price-Fixing , Civil Procedure , Standing

U.S. District Court, Western District

S.F. v. Archer-Daniels-Midland Co., 13-CV-634S

Judge Tosses High Fructose Corn Syrup Claim

Practice Areas: Torts , Products Liability , Personal Injury

U.S. District Court, Southern District

United States v. Judith P. Fadul, S2 13 Cr. 143

Judge Suppresses Evidence Found in Protective Sweep

Practice Areas: Criminal Law

U.S. District Court, Eastern District

Wayne Thompson, Petitioner v. Norman Besio, Superintendent, Great Meadow Correctional Facility, Respondent, 11-CV-2752

Convicted Burglar Denied Habeas Relief; DNA Sample Not Shown to Have Been Coerced

Practice Areas: Criminal Law , Constitutional Law , Civil Rights

U.S. District Court, Eastern District

Jeffrey Matista, Petitioner v. Superintendent Michael Capra, Respondent, 13 Civ. 6991

Habeas Relief's Denial in 'Drive-By' Shooting Manslaughter Explained; Sentence Not Excessive

Practice Areas: Criminal Law , Legal Profession

U.S. District Court, Southern District

Kerry L. Marshall, Plaintiff v. City of New York, Yvonne Roman, Sarah Vaughn, Gregory Lane, and Patricia Mance, Defendants, 12 Civ. 7128

Probable Cause for Arrest Existed; Remedies Exist As to Car Sold After Impoundment

Practice Areas: Civil Rights

U.S. District Court, Western District

Daphne Meney, Plaintiff v. Seterus, Inc. f/k/a IBM Lender Business Process Services, and Federal National Mortgage Association, Defendants, 13-CV-6149T

Bankruptcy Filing Breached Loan Modification Agreement, Triggered Right to Recoup Fees

Practice Areas: Contracts , Breach , Creditors

U.S. District Court, Northern District

Danielle L. Morris, Plaintiff v. Commissioner of Social Security, Defendant, 5:12-cv-1795

No Error in ALJ's Finding That Woman Is Not Disabled, Can Do Unskilled Work

Practice Areas: Social Services Law , Social Security Compensation

U.S. District Court, Southern District

In re Lululemon Securities Litigation, 13 Civ. 4596 (KBF)

Judge Dismisses Fraud Claim Over Yoga Pants

U.S. District Court, Southern District

United States of America, Plaintiff v. Rajarengan Rajarantnam, Defendant, 13 Cr. 211 (NRB)

Federal Judge Questions Indictment Consistency

Practice Areas: Criminal Law

U.S. District Court, Eastern District

Terry Sanders, Petitioner v. James J. Walsh, Respondent, 04-CV-4013

Application for Rule 60 Relief From Habeas Petition's Denial Is Untimely, Lacks Merit

Practice Areas: Civil Procedure , Motion Practice , Criminal Law , Statute of Limitations

U.S. District Court, Southern District

High Point Design LLC, Plaintiff v. Buyer's Direct Inc., Defendant, 11 Civ. 4530

Soft 'Fuzzy Babba' Slipper Did Not Infringe Patent Invalid as Anticapated by Prior Art

Practice Areas: Intellectual Property , Patents , Infringement (Patents)

U.S. District Court, Southern District

Frederick Brown, Plaintiff v. Crowdtwist, Defendant, 12cv6110

Internet Startup's Fired 43-Year-Old Employee Denied Summary Judgment on Age Bias Claim

Practice Areas: Labor and Employment , Discrimination , Age Discrimination , Disability Discrimination

U.S. District Court, Western District

United States of America, Plaintiff v. Jose Gonzalez, Defendant, 12-CR-088S

Acquittal's Denial on Counts Charging Felon's Possession of Short Barreled Shotgun Explained

Practice Areas: Criminal Law

U.S. District Court, Southern District

United States of America, Plaintiff v. Mostafa Kamel Mostafa a/k/a "Abu Hamza al-Masri," Defendant, 04 Cr. 356

Witness in U.K. May Testify Against Terror Suspect Via Live Closed-Circuit Television

Practice Areas: Criminal Law

U.S. District Court, Southern District

Nathaniel Mahone, Plaintiff v. City of New York, New York City Health and Hospitals Corporation, Doctors John Doe #1-10, M.D., and Correction Officers John and Jane Doe #1-10, Defendants, 13 Civ. 8014

Only Deliberate Indifference Claims Against Guards Aware of Medical Needs Not Dismissed

Practice Areas: Civil Rights

U.S. District Court, Western District

United States of America, Plaintiff v. Stevie Coates, Defendant, 11-CR-27

Post-Miranda Statements About Pills Admissible; 'Question First, Mirandize Later' Strategy Not Used

Practice Areas: Criminal Law

U.S. District Court, Western District

Dr. Gwendolyn Cole-Hoover, Plaintiff v. DOCCS, et al., Defendants, 02-CV-00826-JJM

Judge Denies Counsel Fees in Civil Rights Case

Practice Areas: Civil Rights

U.S. District Court, Southern District

In re South African Apartheid Litigation, 02 MDL 1499 (SAS)

Scheindlin Preserves Apartheid-Era Suit Against Companies

Practice Areas: Torts , International Law (Public)

U.S. District Court, Eastern District

Theresa Burkett, Plaintiff v. Smith & Nephew Gmbh, et al., Defendants, CV 12-4895

Liability Claims Over Hip Implant's R3 Liners Dismissed as Preempted by Medical Device Act

Practice Areas: Products Liability , Torts

U.S. District Court, Southern District

Beatrice Shirley Williams-Steele, Plaintiff v. Trans Union, Experian, and Equifax, Defendants, 12 Civ. 0310

Suit Over Credit Report Should Be Dismissed; Jurisdiction Over Breach Counterclaim Lacking

Practice Areas: Creditors

U.S. District Court, Southern District

Federal Housing Finance Agency, Plaintiff v. JPMorgan Chase & Co., et al., Defendants, 11 Civ. 6188

Motions as to Sealed Records in Bank Cases Denied; Settlement Is No Bar to Prosecution

Practice Areas: Civil Procedure , Torts , Intentional Torts , Fraud (Torts) , White Collar Crime , Fraud (White Collar)

U.S. District Court, Eastern District

Debbie Tappin, Plaintiff v. Metropolitan Sub. Bus Authority and Transport Workers Union of America, Local 252, Defendants, 12-CV-2016

Dismissal of Bus Driver's Bias Claims Explained; Bid to Disqualify Counsel as Conflicted Denied

Practice Areas: Labor and Employment , Discrimination , Race Discrimination , Sex Discrimination , Labor Law , Union Representation

U.S. District Court, Southern District

Oleg Cassini, Inc. v. Electrolux Home Products, Inc., 11 Civ. 1237

Judge Blocks Testimony of Appraiser in Dryer Fire Suit

Practice Areas: Evidence , Torts , Damages , Expert Witnesses

U.S. District Court, Southern District

In re Tremont Securities Law, State Law, and Insurance Litigation, 08 Civ. 11117

A Southern District judge has reinstated claims against one of Bernard Madoff's so-called feeder funds, holding that the fraud claims aren't preempted by SLUSA.

U.S. District Court, Eastern District

Tianbo Huang, Plaintiff v. iTV Media, Inc., iTV Media (Hong Kong), Ltd., iTV.CN, Inc., UTSTARCOM, Inc., and Song Lin, Defendants, 13-cv-3439

English Law Supports Assertion Subsidiaries British Virgin Island Media Firm's Alter-Egos

Practice Areas: Business Entities , Labor and Employment

U.S. District Court, Southern District

Aurora Commercial Corp., Plaintiff v. Approved Funding Corp., Defendant, 13 Civ. 230

Loan's Purchaser Entitled to $134,545 For Seller's Breach of Buy-Back Pact

Practice Areas: Contracts , Breach , Creditors

U.S. District Court, Southern District

Stephen W. Silberstein, Plaintiff v. Aetna, Inc., et al., Defendants, 13 Civ. 8759

Presumption of Irreparable Harm From Rule 14a-9 Violation Cannot Be Relied Upon

Practice Areas: Securities and Federal Corporate Law , Business Entities , Civil Procedure , Provisional Remedies

U.S. District Court, Northern District

Don-Miguel Cummings, Plaintiff v. FBI NICS Section, Defendant, 1:11-CV-0892

§1983, Bivens Claims Against FBI NICS Over Gun Purchase Information Dismissed

Practice Areas: Civil Rights , Health Law

U.S. District Court, Southern District

Martin Weinstein, Plaintiff v. City of New York, et al., Defendants, 13 Civ. 06301

Federal Claims Over Resignation Time Barred; Jurisdiction Over State Claims Not Exercised

Practice Areas: Civil Rights , Civil Procedure , Statute of Limitations , Labor and Employment , At-Will Employment

U.S. District Court, Southern District

TSIG Consulting Inc., Plaintiff v. ACP Consulting LLC, Barbara Pankoski, and Henry Saunders, Defendants, 14 Civ. 2032

Trade Secret Theft, Client Solicitation Action Is Dismissed; Venue Improper in District

Practice Areas: Civil Procedure , Venue , Labor and Employment , Employment Contracts , Intellectual Property , Trade Secrets

U.S. District Court, Eastern District

Linda Schneider, Appellant v. R. Kenneth Barnard, as Chapter 7 Trustee of Janitorial Close-Out City Corp., et al., Appellee, 13-CV-4901

Trustee Entitled to Avoid $185,612 in Fraudulent Transfers That Furthered Ponzi Scheme

Practice Areas: Bankruptcy , White Collar Crime , Fraud (White Collar) , Creditors

U.S. Court of Appeals, Second Circuit

United States of America, Appellee v. George S. Crandall, AKA George Crandall, Defendant-Appellant, 12-3313-cr

Accommodations for Hearing Impaired Defendants Clarified

Practice Areas: Criminal Law

U.S. District Court, Southern District

Bryan Sexton, Plaintiff v. Vincent Lecavalier, Defendant, 13 Civ. 8557 (AT)

Judge Offers Guidance on Transfers of Original Emails

Practice Areas: Civil Procedure , Discovery

U.S. District Court, Southern District

Starr Indemnity & Liability Company, Plaintiff v. American Claims Management, Inc., Defendant, 13 Civ. 742

Attorney-Client Privilege, Work Product Doctrine Do Not Protect Letter, E-Mail Chain

Practice Areas: Evidence , Privileges , Civil Procedure , Discovery , Contracts , Breach

U.S. District Court, Eastern District

Elizabeth Luna, Plaintiff v. North Babylon Teacher's Organization and Selina Durio, Defendants, 13-cv-6308

Title VII Bias Claim Survives Against Union As 'Employer' But Not as 'Labor Organization'

Practice Areas: Labor and Employment , Discrimination , Pregnancy Discrimination

U.S. District Court, Eastern District

Thornton-Burns Owners Corporation, Plaintiffs v. Erwin Navas and Mayra Navas (a/k/a Mayra Rivas), Defendants, 13-CV-4241

Suit Against Co-Op Residents Properly Removed Based on Counterclaim Against Mail Carrier

Practice Areas: Civil Procedure , Parties , Torts

U.S. Court of Appeals, Second Circuit

United States of America, Appellee v. Robert Lee Miles, a/k/a Robert Lee, Defendant-Appellant, 13-1158-cr

Local Gun Amnesty Effort Doesn't Shield Defendant From Federal Conviction, Circuit Says

Practice Areas: Criminal Law

U.S. District Court, Southern District

United States of America, Plaintiff v. David Movtady et al., Defendants, 13 Civ. 2227

Government's FCA Claims Over Firm's False Compliance Certifications Denied Dismissal

Practice Areas: Torts , White Collar Crime , Fraud (White Collar)

U.S. District Court, Western District

United States of America, Plaintiff v. John E. Maye, Defendant, 08-CR-194S

Doctor Refused Rule 29 Acquittal Judgment After Conviction in Case Over Prescriptions

Practice Areas: Criminal Law

U.S. District Court, Eastern District

Wagner Guerrero Mercedes, Plaintiff v. AVA Pork Products, Inc., Defendant, 13-CV-3212

Title VII Race Bias Suit Time Barred, Asserted Only Compensation Claims

Practice Areas: Labor and Employment , Discrimination , Race Discrimination , Wages and Hours , Civil Procedure , Statute of Limitations

U.S. District Court, Southern District

Dan Gropper, Plaintiff v. Fine Arts Housing, Inc. and Nobu Associates, L.P. d/b/a Nobu, Defendants, 13 Civ. 2820

Compliance Pact With DOJ Noted in Partial Dismissal of ADA Claims Against Restaurant

Practice Areas: Civil Rights

U.S. Bankruptcy Court, Northern District

In re: Squire, 13-62070

Lawyer's 'Tactic' in Bankruptcy Cases Draws Judge's Ire

Practice Areas: Legal Profession , Bankruptcy

U.S. District Court, Eastern District

Rockstone Capital LLC, Appellant v. Alisa Metal, Keith Bub a/k/a Keith L. Bub, and Kenneth Kirschenbaum, Esq., Chapter 7 Trustee, Appellees, 13-CV-5161

Failure to Make Finding as to Former Spouses' Relative Income at Separation Leads to Remand

Practice Areas: Bankruptcy , Family Law , Creditors

U.S. District Court, Western District

Diane Gorzynski, Plaintiff v. Jetblue Airways Corporation, Defendant, 03-CV-00774

Deposition Testimony May Be Used at Trial Despite Incomplete Transcript, Missing Notes

Practice Areas: Evidence , Labor and Employment , Discrimination , Age Discrimination , Civil Procedure , Motion Practice

U.S. District Court, Western District

Devin P. Owens, Plaintiff v. Unknown Does, Inc., Defendant, 6:12-CV-6402

Suit Dismissed for Failure to Amend Complaint, Timely Serve, After Defendant's Identification

Practice Areas: Civil Procedure , Consumer Protection

U.S. District Court, Southern District

O'Jeda v. Viacom, 13 Civ. 5658

U.S. District Court, Eastern District

U.S. v. Shakeel Wiggins, 14-CR-3

Evidence Suppressed Due to Faulty Warrant

Practice Areas: Criminal Law , Evidence , Admissibility

U.S. District Court, Southern District

Russell Publishing Group, Ltd. and Jane Russell, Plaintiffs v. Brown Printing Company, Defendant, 13 Civ. 5193

Non-Breach Claims Against Printer Fail; Publisher's Proprietor Lacks Standing

Practice Areas: Contracts , Breach , Fraud (Contracts)

U.S. District Court, Southern District

Eastman Chemical Co., Plaintiff v. Nestlé Waters Management & Technology, Defendant, 11 Civ. 2589

No Clear Error in Magistrate Judge's Denial Of Motion to Amend Answer, Counterclaims

Practice Areas: Civil Procedure , Motion Practice

U.S. District Court, Eastern District

Ruslan Agarunov and Medical Records Retrieval, Inc., d/b/a Karma Supplies, Plaintiffs v. United States of America, Defendant, 13 Civ. 7250

Court Lacks Jurisdiction Over Challenge To IRS Tax Lien; Plaintiffs in Wrong Court

Practice Areas: Taxation , Civil Procedure , Jurisdiction and Service of Process

U.S. Court of Appeals, Second Circuit

Schoenefeld v. State of New York, 11-4283-cv

Questions on Office for Nonresident Lawyers Certified

Practice Areas: Constitutional Law , Appellate Law - Civil , Legal Profession

U.S. District Court, Eastern District

Matthew Paul Gould, Plaintiff v. Moran Towing Corp., Defendant, 12-CV-5046

Third-Party Complaint in Jones Act Lawsuit Dismissed; Long-Arm Jurisdiction Not Shown

Practice Areas: Admiralty , Civil Procedure , Jurisdiction and Service of Process , Labor and Employment

U.S. District Court, Southern District

Alicia Etheredge-Brown and Robert Brown, Plaintiffs v. American Media, Inc., and Derrick Handspike, Defendants, 13 Civ. 1982

Article's Republication on Tabloid's Web Site Re-Triggers Limitation Period for Defamation

Practice Areas: Torts , Intentional Torts , Defamation , Civil Procedure , Statute of Limitations , Communications and Media Law

U.S. District Court, Western District

Cleotis Jones, Jr., and Willie Watson, III, Plaintiffs v. City of Buffalo, Buffalo Fire Department, Defendant, 13-CV-287

Bulk of Black Firefighter Trainees' Title VII, Other Claims Against Buffalo Survive Dismissal

Practice Areas: Civil Rights , Labor and Employment , Discrimination , Race Discrimination

U.S. District Court, Eastern District

Charles Muhammad, Plaintiff v. Department of Navy (USN), Secretary John Doe, and Yeoman John Doe, Defendants, 14-CV-926

Feres Intra-Military Immunity Doctrine Noted In Dismissal of Title VII, FCA Claims Against Navy

Practice Areas: Civil Rights , Military Law

U.S. District Court, Western District

Veramark Technologies, Inc. v. Bouk, 14-cv-6094 EAW

U.S. Judge Rejects Noncompete Pact as Overly Broad, Restrictive

Practice Areas: Labor and Employment

U.S. Court of Appeals, Second Circuit

T.M. v. Cornwall Central School District, 12?4301 (Lead)

Circuit Clarifies Key Portion of Disabilities Education Act

Practice Areas: Education Law

U.S. Bankruptcy Court, Western District

In re Wrobel, 12-13001 K

Judge Permits Homestead Exemption to Shield Assets

Practice Areas: Bankruptcy

U.S. Court of Appeals, Second Circuit

The Bronx Household v. Board of Education of the City of New York, 12-2730-cv

Board of Ed's Limits on Worship Services in Schools Are Upheld

Practice Areas: Constitutional Law

U.S. District Court, Northern District

Fine v. ESPN, Inc., 5:12-CV-0836 (LEK/DEP)

Judge Allows Libel Suit Against ESPN to Proceed

Practice Areas: Torts , Communications and Media Law , Intentional Torts

U.S. District Court, Southern District

Sub-Zero, Inc., Plaintiff v. Sub Zero NY Refrigeration & Appliances Services, Inc., and Nikki Grochowski, Defendants, 13-CV-2548

Repair Shop Infringed Fridge Maker's Marks; Default Judgment, Injunctive Relief Granted

Practice Areas: Intellectual Property , Trademarks , Infringement (Trademark)

U.S. District Court, Western District

Kuoni Travel (India) Pvt. Ltd., Plaintiff v. Bedore Tours, Inc., Defendant, 13-CV-109

Duty of Due Care to Bus Passengers, Unrelated to Parties' Contract, Alleged

Practice Areas: Civil Procedure , Contracts , Torts

U.S. District Court, Western District

Karen Marcus, Plaintiff v. Barilla America NY, Inc., Carmine Simone, Defendants, 13-CV-6223L

Sex Bias, Retaliation Suit Found To Be No More Than Personality Dispute With Supervisor

Practice Areas: Labor and Employment , Discrimination , Sex Discrimination

U.S. District Court, Southern District

In Re 650 Fifth Avenue and Related Properties, 08 Civ. 10934 (KBF

Forfeiture Brings Claimants Closer to Iran Judgments

Practice Areas: Civil Procedure , Civil Forfeiture , Torts

U.S. District Court, Eastern District

McNamee, v. Clemens, 09 CV 1647 (SJ) (CLP)

Discovery Order Upheld in Trainer's Defamation Case

Practice Areas: Torts , Intentional Torts , Defamation , Civil Procedure

U.S. District Court, Northern District

Casey v. Citibank, N.A., 5:12-cv-820 (DNH/DEP)

Citibank Settlement With Homeowners Moves Ahead

Practice Areas: Consumer Protection , Insurance Law

U.S. District Court, Southern District

Bonded Life Fund v. AXA Equitable Life Ins., 13 Civ. 5451

Practice Areas: Insurance Law

U.S. District Court, Southern District

Peter Mayer Publishers Inc. d/b/a Overlook Press, Plaintiff v. Daria Shilovskaya and Sergey Shilovskiy, Defendants, 12 Civ. 8867

EBook Version of Russian Novel's Translation Does Not Violate Copyright 'Restored' by §104A

Practice Areas: Intellectual Property , Copyrights , Infringement (Copyright)

U.S. District Court, Western District

NL Industries, Inc., Plaintiff v. ACF Industries, Gould Electronics, Inc., et al., Defendants, 10-CV-89

Superfund Site Party's Bid to Recover Costs From Other Owners Under CERCLA Survives

Practice Areas: Environmental Law

U.S. District Court, Eastern District

Karamvir Dahiya and Dahiya Law Offices LLC, Appellants v. Debra Kramer as Trutee of the Estate of Shahara Khan, Appellee, 13-CV-3079

Fine on Lawyer as Sanction for Bad Faith Assertions in Adversary Proceeding Stands

Practice Areas: Bankruptcy , Legal Profession

U.S. District Court, Southern District

Todd Duffey, Plaintiff v. Twentieth Century Fox Film Corporation; Library Publications, Inc., Defendants, 13 Civ. 1354

Claim Not Stated in Action Over Use of Image On 'Office Space Box of Flair' Merchandise

Practice Areas: Contracts , Breach , Intellectual Property