Federal Court Decisions

U.S. Court of Appeals, Second Circuit

Reyes v. Lincoln Automotive Financial Services, 16-2104-cv

Circuit Finds Consumers Bound by Contracts in Robocall Suit

16-2104-cv
Before: Walker, Jacobs, and Parker, C.JJ.

U.S. District Court, Eastern District

Rodrigues v. The Incorporated Village of Mineola, 16-CV-1275

National Origin-Based Selective Enforcement Claim Proceeds Against Village, Buildings Official

16-CV-1275
District Judge Joseph F. Bianco

U.S. District Court, Southern District

Westminster Securities Corp. v. Uranium Energy Corp., 15 Civ. 4181

Jury Demand's Withdrawal Granted; Demand Did Not Amend Agreement's Jury Waiver Clause

15 Civ. 4181
Magistrate Judge Gabriel Gorenstein

U.S. District Court, Southern District

N.Y. Hotel & Motel Trades Council, AFL-CIO v. CF 43 Hotel, LLC, 16 Civ. 5997

Hotel Violated WARN Act, Must Pay Employees $858,180; Union Entitled to $45,257 in Legal Fees

16 Civ. 5997
District Judge Richard Berman

U.S. District Court, Southern District

Cytec Industries Inc. v. Allnex (Luxembourg) & Cy S.C.A., 14-cv-1561

Business' Buyer Must Remediate Kalamazoo Site Where Acid, Liquid Alum Were Once Made

14-cv-1561
District Judge P. Kevin Castel

U.S. District Court, Western District

U.S. Bank Trust, N.A. v. Gross, 6:16-cv-06640

Bank Denied Default Judgment, Foreclosure Complaint Dismissed; RPAPL Not Satisfied

6:16-cv-06640
District Judge Elizabeth Wolford

U.S. District Court, Northern District

USA v. Bowman, 5:16-CV-1388

Government Entitled to Default Judgment In Action Over $112,577 in Tax Liabilities

5:16-CV-1388
Judge Glenn Suddaby

U.S. District Court, Southern District

Theus v. Behrman Brothers IV, LLC, 16 Civ. 6968

Bulk of 'Giuppone' Factors Favor Liability In Wages Action Over WARN Act's Violation

16 Civ. 6968
District Judge Paul Engelmayer

U.S. District Court, Southern District

Theecheck.com, LLC v. NEMC Financial Services Group Inc., 16-cv-8722

Despite 'Group Pleading' Default Judgment Granted As to Liability on Lanham Act, Breach Claims

16-cv-8722
District Judge P. Kevin Castel

U.S. Court of Appeals, Second Circuit

Irrera v. Humpherys, 16-2004

Retaliation for Rejecting Department Chair's Unwanted Sexual Advances Plausibly Stated

16-2004
Before: Newman, Cabranes, and Lynch, C.JJ.

U.S. District Court, Eastern District

Brookhaven Town Conservative Committee v. Walsh, 14-CV-6097

RICO Claim Not Stated Over Mail, Wire Fraud Arising From Diversion of Political Donations

14-CV-6097
District Judge Joseph Bianco

U.S. District Court, Southern District

Greene v. Carson, 14 Civ. 3676

HUD Only Partly Granted Judgment in Action Over Denial of Continued Section 8 Subsidy

14 Civ. 3676
District Judge Analisa Torres

U.S. Court of Appeals, Second Circuit

BPP Illinois, LLC v. The Royal Bank of Scotland Group PLC, 15-3706-cv

Firm Barred From Asserting 'Known' Fraud Claim It Did Not List as Asset in Bankruptcy

15-3706-cv
Before: Jacobs, Pooler, C.JJ., and Crawford, D.J.*

U.S. District Court, Western District

Thompson v. Combined Systems, Inc., 6:17-cv-06007

Breach, Wrongful Termination Claims Dismissed in Action After Firm's Acquisition

6:17-cv-06007
District Judge Michael Telesca

U.S. District Court, Northern District

Hensel v. City of Utica, 6:15-CV-0374

Officer Disabled Under ADA; Untreated Diabetes Seriously Interfered With His Endocrine System

6:15-CV-0374
District Judge Lawrence Kahn

U.S. District Court, Southern District

Guzman v. Harris, 16-CV-3499

Privilege Log Protected By Attorney Work Product Doctrine Need Not Be Produced

16-CV-3499
Magistrate Judge Ronald Ellis

U.S. District Court, Southern District

Seiden v. Schwartz, Levitsky, and Feldman LLP, 16-CV-5666

Jurisdiction Over Canadian Accounting Firm Lacking in Suit Over Audit Opinion's Statements

16-CV-5666
District Judge Ronnie Abrams

U.S. District Court, Eastern District

Hensler v. N.Y. State Dept. of Environmental Conservation, 16-CV-3445

Eleventh Amendment Bars Claims Against DEC Over Property's Taking, Contract Interference

16-CV-3445
District Judge Margo Brodie

U.S. District Court, Eastern District

Agyeman v. Roosevelt Union Free School District, 15-CV-987

School District Granted Judgment on §1983 Claim; Teacher Spoke as Public Employee

15-CV-987
District Judge Joseph Bianco

U.S. District Court, Southern District

K.C. v. Chappaqua Central School District, 16-CV-3138

Discovery Needed to Decide Timeliness of Claims In FAPE Denial Action Against School District

16-CV-3138
District Judge Kenneth Karas

U.S. District Court, Eastern District

United States of America, Plaintiff v. Reza Eiflaar, Defendant, 16-CR-636

Surinam-Born Dutch Citizen Arrested in 2016 Expected To Be Deported After Release From Custody Following Guilty Pleas to Importing Cocaine, Possessing Cocaine With Intent to Distribute; Interests of Justice Best Served By Allowing Immediate Return to Surinam

16-CR-636
District Judge Jack B. Weinstein

U.S. District Court, Eastern District

USA v. O'Brien, 13-CR-586

Acquittal, New Trial Denied in Anabolic Steroids Distribution Conspiracy Case

13-CR-586
District Judge Roslynn Mauskopf

U.S. District Court, Southern District

TransAtlantic Lines LLC v. American Steamship Owners Mutual Protection and Indemnity Assoc., Inc., 17 Civ. 998

Public Policy Challenge to Mutual Insurer's ADR Decision Fails to Meet Two-Pronged Test

17 Civ. 998
District Judge Jed S. Rakoff

U.S. District Court, Southern District

In Re Namenda Direct Purchaser Antitrust Litigation, 15 Civ. 7488

Waiver of Attorney-Client, Work Product Protection Cannot Be Determined

15 Civ. 7488
Magistrate Judge James Francis

U.S. District Court, Western District

Jones v. Berryhill, 16-CV-6042

ALJ Failed to Develop Record, Should Explain Her Decision Mental Impairments Not Severe

16-CV-6042
District Judge Charles Siragusa

U.S. District Court, Western District

County of Niagara v. Netherlands Ins. Co., 14-CV-737

Deposition Sought Evidence Irrelevant To Validity of Policies' Disclaimer

14-CV-737
Magistrate Judge Leslie Foschio

U.S. District Court, Eastern District

Weinstein v. N.Y. City Dept. of Education, 16-CV-3118

Remedies Under ADEA, ADA Not Exhausted; Similarly Situated Employee Not Identified

16-CV-3118
District Judge I. Leo Glasser

U.S. District Court, Eastern District

Keles v. Yearwood, 15-cv-03880

Age Was Motivation, But-For Cause of Decision Not to Assign Courses to Adjunct Professor

15-cv-03880
District Judge Nina Gershon

U.S. District Court, Eastern District

Mantikas v. Kellogg Co., 16-cv-2552

False Representation Suit Over 'Whole Grain' Crackers Dismissed; Packaging Not Misleading

16-cv-2552
District Judge Sandra Feuerstein

U.S. District Court, Western District

Brown v. McKinley Mall, LLC, 15-CV-1044

Mall's Operator Must Answer Interrogatory, Demands on Cost of Access Barriers' Removal

15-CV-1044
Magistrate Judge Leslie Foschio

U.S. District Court, Northern District

Prudential Ins. Co. of America v. Govel, 1:16-CV-0297

Parties Denied Judgment in Interpleader Suit Over ERISA Governed Life Policy's Proceeds

1:16-CV-0297
District Judge Lawrence Kahn

U.S. District Court, Southern District

United States v. Benjamin Wey, 15-CR-611

Federal Judge Grants Sweeping Suppression Motion in Wey Fraud Case

15-CR-611 (AJN)
District Judge Alison J. Nathan

U.S. District Court, Southern District

In re Pretium Resources Inc., 13-CV-7552

Omnicare Figures Prominently in Dismissal of Mining Company Investor Suit

13-CV-7552 (VSB)
District Judge Vernon Broderick

U.S. District Court, Northern District

Dittmar v. Comm'r of Soc. Sec., 1:16-CV-0404 (CFH)

Remand Required as Substantial Evidence Does Not Support ALJ's Step Five Finding

1:16-CV-0404 (CFH)
Magistrate Judge Christian Hummel

U.S. District Court, Eastern District

Allstate Ins. Co. v. A & F Medical P.C., 14-CV-6756 (JBW)

In RICO Action, Court Denies Defendants' Motion to Disqualify Plaintiffs' Counsel

14-CV-6756 (JBW)
Magistrate Judge Roanne Mann

U.S. District Court, Southern District

N.Y. Dialysis Services, Inc. v. N.Y. State Nurses Assoc., 17 Civ. 469 (JSR)

Petitioner Cannot Be Forced to Arbitrate Under Expired Collective Bargaining Agmt.

17 Civ. 469 (JSR)
Judge Jed Rakoff

U.S. District Court, Northern District

Buchholz-Kaestner v. Fitzgerald, 6:16-CV-0604 (GTS/TWD)

Complaint Predicated on 'Sovereign Citizen' Theory Has No Basis in Law, Is Dismissed

6:16-CV-0604 (GTS/TWD)
Judge Glenn Suddaby

U.S. District Court, Northern District

Dixie v. Antonacci, 5:16-CV-1221 (FJS/TWD)

Motion to Dismiss Denied as Plaintiffs Allege An Inference of Intentional Discrimination

5:16-CV-1221 (FJS/TWD)
Judge Frederick J. Scullin, Jr.

U.S. Court of Appeals, Second Circuit

In Re MTBE Products Liability Litigation, 15-3934-cv

MTBE Pollution Ruling Is Reversed by Circuit

15-3934-cv
Before: Parker, Raggi and Hall, C.JJ.

U.S. District Court, Eastern District

District Photo Inc. Health Care Plan v. Pyrros, 13-CV-4285 (JFB)(SIL)

Chambless Factors Weigh Against Attorneys' Fees, in Light of Party's Minimal Culpability

13-CV-4285 (JFB)(SIL)
Judge Joseph F. Bianco

U.S. District Court, Southern District

Feltenstein v. City of New Rochelle, 14-cv-5434 (NSR)

Question Exists on Whether Defendant Knew Garage Violated ADA But Failed to Respond

14-cv-5434 (NSR)
Judge Nelson Roman

U.S. District Court, Southern District

Estate of Smith v. Cash Money Records, Inc., 14cv2703

Dispute of Material Fact Exists on Ownership and Copying of Spoken-Word Recording

14cv2703
Judge William Pauley

U.S. District Court, Northern District

Greece v. M/V Genco Success, 1:16-CV-1500

Affirmative Communication Was Sufficient to Alter Plaintiff's Right to Enforce a Lien

1:16-CV-1500
Judge Glenn Suddaby

U.S. District Court, Western District

Carter v. CIOX Health, LLC, 14-CV-6275-FPG

Class Action Does Not Fall Into Mandatory Exception to Class Action Fairness Act

14-CV-6275-FPG
Judge Frank P. Geraci, Jr.

U.S. District Court, Southern District

Schlosser v. Time Warner Cable Inc., 14cv9349

Poor Performance, Not Age, is Basis for Firm's Refusal to Re-Hire Fired Direct Sales Manager

14cv9349
District Judge William Pauley

U.S. District Court, Southern District

Aurora Distributed Solar, LLC v. Aktor, S.A., 17-CV-2009

Suit Over Breach of Contract to Design, Build Solar Power Project Stayed Pending Arbitration

17-CV-2009
District Judge Valerie Caproni

U.S. District Court, Southern District

Scholastic, Inc. v. Daemmrich, 15-CV-9550

Complaint Dismissed as Anticipatory Judgment Action Excepted Under 'First-Filed Rule'

15-CV-9550
District Judge Vernon Broderick

U.S. District Court, Eastern District

Verrilli v. The N.Y. Newspaper Printing Pressmen's Union No. 2N/1SE, 16-CV-5172

Plaintiffs Should Have Known of MOA Amending CBA Upon Its Ratification; Action Time Barred

16-CV-5172
District Judge Jack Weinstein

U.S. District Court, Southern District

Stinson v. City of New York, 10 Civ. 4228

Judge Approves $75M Settlement of NYPD Summonses Class Action Suit

10 Civ. 4228 (RWS)
District Judge Robert Sweet

U.S. District Court, Southern District

Securities and Exchange Commission v. Bronson, 12-CV-6421

Judge Questions Delays in SEC Disgorgement Case

12-CV-6421
District Judge Kenneth Karas

U.S. District Court, Southern District

Savino v. Visiting Nurse Service of N.Y., 15 Civ. 9451

Settlement of FLSA Claims Approved; Arm's Length Bargain Avoids Risks of Litigation

15 Civ. 9451
Magistrate Judge Henry Pitman

U.S. District Court, Southern District

Shipstad v. One Way or Another Productions, LLC, 16 Civ. 5145

Defense Counsel Must Show Cause as to Payment Of Plaintiff's Expenses as Rule 3(b) Sanction

16 Civ. 5145
Magistrate Judge James Francis

U.S. District Court, Southern District

Roper v. The City of N.Y., 15 Civ. 8899

Probable Cause Existed to Arrest 2014 Protest's Documenters for Pedestrian Traffic Offenses

15 Civ. 8899
District Judge Paul Engelmayer

U.S. District Court, Northern District

Redmond v. Teledyne Landis Machine, 5:15-cv-00646

Safer Alternative Design for Machine Not Shown To Feasibly Exist at Time of Its Manufacture

5:15-cv-00646
District Judge Mae D'Agostino

U.S. District Court, Eastern District

USA v. Person, 15-CR-466

Acquittal Judgment, New Trial Denied; Prior Finding on Conviction's Preclusion Correct

15-CR-466
District Judge I. Leo Glasser

U.S. District Court, Southern District

Ward v. General Motors

Judge Makes Key Rulings in GM Ignition Defect MDL Case

14-MD-2543 (JMF)
District Judge Jesse Furman

U.S. District Court, Eastern District

Gentleman v. State Univ. of N.Y., 16-cv-2012

Complaint Plausibly Alleges Termination Was Based on Perceived Mental Disability

16-cv-2012
District Judge Arthur Spatt

U.S. District Court, Eastern District

Winehouse v. GC Services L.P., 16-cv-03110

Debt Collector's Call's Omissions Support Claim Under FDCPA §1692e(10),(11)

16-cv-03110
District Judge Frederic Block

U.S. Court of Appeals, Second Circuit

Pruter v. Local 210's Pension Trust Fund, 16-733-cv

Pension Dispute's Breach, Fraud Claims Timely Under Borrowed ERISA Limitations Period

16-733-cv
Before: Cabranes, Pooler, and Parker, C.JJ.

U.S. District Court, Western District

Frazier v. Colvin, 6:14-CV-06261

Social Security Commissioner Granted Judgment in SSI Overpayment Waiver Action

6:14-CV-06261
District Judge Michael Telesca

U.S. District Court, Western District

Langmead v. Monroe County Office of the Sheriff, 11-CV-6003

Challenge to Law's Interpretation as Requiring Sheriff's Deputy to Live in County Rejected

11-CV-6003
District Judge Charles Siragusa

U.S. District Court, Eastern District

Lebron v. Encarnacion, 16-cv-4666

Improper Jurisdiction Found in $11.5M Suit Against Ballplayer

16-cv-4666(ADS)(ARL)
District Judge Arthur D. Spatt

U.S. District Court, Southern District

Kurzon v. Democratic National Committee, 16-CV-4114

Suit Against Democrats Dismissed; Diversity Amount Not Satisfied, §1983 Claim Not Pleaded

16-CV-4114
District Judge J. Paul Oetken

U.S. District Court, Southern District

Iota Shipholding Ltd. v. Starr Indemnity and Liability Co., 16 Civ. 4881

Arbitration Is Enjoined; Valid Arbitration Agreement Between Parties Is Lacking

16 Civ. 4881
District Judge Katherine Polk Failla

U.S. Court of Appeals, Second Circuit

Raymond Loubier Irrevocable Trust v. Loubier, 15-802-cv

Citizenship of Trustees Controls Diversity Determination in Dispute Over Inheritance

15-802-cv
Before: Leval, Sack, Raggi, C.JJ.

U.S. District Court, Western District

Bryant v. Berryhill, 16-CV-6109

Evidence Supports RFC Finding; Treating Doctor's Opinion Inconsistent With Record

16-CV-6109
District Judge Frank Geraci

U.S. District Court, Eastern District

USA v. Valerio, 14-CR-94

Defendant's Alleged Additional Conduct To Be Considered as §3553(a) Factors at Sentencing

14-CR-94
District Judge Joseph Bianco

U.S. Court of Appeals, Second Circuit

Veleron Holding v. Morgan Stanley, 15-4092-cv

Circuit, Quickly but Narrowly, Rejects Novel Insider Trading Theory

15-4092-cv
Before: Jacobs, Livingston, Lohier, Jr., C.JJ.

U.S. District Court, Southern District

USA v. Scott, 06 CR 988

Sentence Vacated in Light of Supreme Court's Ruling Invalidating ACCA's 'Residual Clause'

06 CR 988
District Judge Laura Taylor Swain

U.S. District Court, Southern District

LifeTree Trading PTE., LTD. v. Washakie Renewable Energy, LLC, 14-CV-9075

Despite Fraud on Court, Default Judgment Against Compact's Breaching Party Is Denied

14-CV-9075
District Judge J. Paul Oetken

U.S. Court of Appeals, Second Circuit

John v. Whole Foods Market Group, Inc., 16-986-cv

Class Suit Charging Whole Foods Overstated Weight of Prepackaged Foods Is Reinstated

16-986-cv
Before: Kearse, Jacobs, and Lohier, C.JJ.

U.S. District Court, Eastern District

Murphy v. HeartShare Human Services of N.Y., 17-CV-1033

'School', 'Residence' for Disabled Students Joint Employer for FLSA Action's Purposes

17-CV-1033
District Judge Jack Weinstein

U.S. District Court, Eastern District

Galicia v. Tobiko Restaurant, Inc., 16-cv-4074

Rule 11 Sanctions Denied; FLSA Claims Not Shown to Be Objectively Unreasonable

16-cv-4074
District Judge Arthur Spatt

U.S. Court of Appeals, Second Circuit

E.J. Brooks v. Cambridge Security, 16-207-cv

Circuit Taps New York's High Court for Clarity on Trade Secrets Questions

16-207-cv(L)
Before: Kearse, Lohier, and Droney, C.JJ.

U.S. Court of Appeals, Second Circuit

US v. Johnathan DeLaura, 14-1204-cr

Circuit Defers Allegations of Attorney's Relationship

14-1204-cr
Before: Jacobs, Sack, and Carney, C.JJ.

U.S. District Court, Southern District

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

Tape of Accountant's Talk Admitted in Iran Forfeiture Case

08 Civ. 10934
District Judge Katherine B. Forrest

U.S. District Court, Southern District

TCA Television v. McCollum, 15 Civ. 4325

15 Civ. 4325 (GBD) (JCF)
District Judge George Daniels

U.S. District Court, Eastern District

Jones v. Rivera, 16 Civ. 4495

Guard Entitled to Immunity in Indifference Suit by Inmate Hurt in Fall Down Stairs

16 Civ. 4495
District Judge Brian Cogan

U.S. District Court, Southern District

Electronics and Telecommunications Research Institute v. Acacia Research Group, LLC, 15-CV-3419

Research Body Denied Judgment as to Liability On Claim Patents' Licensee Breached Compacts

15-CV-3419
District Judge Vernon Broderick

U.S. District Court, Southern District

Moise v. Family Dollar Stores of New York, Inc., 16-CV-6314

Family Dollar Granted Motion to Compel Arbitration of FLSA Overtime Wage Claims

16-CV-6314
District Judge Ronnie Abrams

U.S. District Court, Western District

Griggs v. Lempke, 1:14-CV-01004

Prosecutor's Improper Summation Remarks Did Not Deprive Habeas Petitioner of Fair Trial

1:14-CV-01004
District Judge Michael Telesca

U.S. District Court, Eastern District

Williams v. USA, 14-cv-4055

Denial of §2255 Sentence Vacatur Under FSA, 'Alleyne', 'Descamps' Rulings Is Explained

14-cv-4055
District Judge Sandra Feuerstein

U.S. Bankruptcy Court, Southern District

SIPC v. Madoff, 08-01789

Coram Nobis Relief Denied; Prejudice From Mistaken Advice From Counsel Not Shown

08-01789 (SMB)
Bankruptcy Judge Stuart Bernstein

U.S. Court of Appeals, Second Circuit

Griffin v. Sirva Inc., 15-1307

State Ruling Leads to Remand of Suit to Hold Nonparty Firm Liable Under NYSHRL for Firing

15-1307
Before: Pooler, Hall, and Carney, C.JJ.

U.S. Court of Appeals, Second Circuit

The Hon. Reich v. Lopez, 16-510-cv

RICO Claims Against Energy Firm's Principals Properly Dismissed; Predicate Acts Insufficient

16-510-cv
Before: Jacobs and Droney, C.JJ, and Stanceu, Ch.J., U.S. Court of Int'l Trade.*

U.S. District Court, Eastern District

In re: Dorvilier and Harry's Nursery Registry, 16 Civ. 01765

Coram Nobis Relief Denied on Conviction Over Deducting Money From Nurses' Paychecks

16 Civ. 01765
District Judge Ann Donnelly

U.S. District Court, Southern District

United States, Plaintiff v. Pi Yuen Chen, Defendant, 02-cr-1273

02-cr-1273
District Judge Sidney Stein

U.S. District Court, Southern District

Edrei v. City ofNew York, 16 Civ. 1652

16 Civ. 1652 (RWS)
District Judge Robert Sweet

U.S. Court of Appeals, Second Circuit

John v. Whole Foods Market Group, 16-986-cv

16-986-cv
Before: Kearse, Jacobs, and Lohier, C.JJ.

U.S. District Court, Southern District

Redeemer Committee of Highland Credit Strategies Funds v. Highland Capital Management, L.P., 16 Civ. 2668

Denial of Motion to Vacate Rulings, Dismiss Complaint After Settlement Is Explained

16 Civ. 2668
District Judge Jed Rakoff

U.S. District Court, Southern District

Albtelecom SH.A v. Unifi Communications, Inc., 16 Civ. 9001

Award Entered Into by Consent of the Parties Is Confirmed Under 'New York Convention'

16 Civ. 9001
District Judge Paul Engelmayer

U.S. Court of Appeals, Second Circuit

USA v. Libous, 15-3979

Conviction Is Abated Ab Initio But Government Is Not Entitled to Keep Fine, Assessment Paid

15-3979
Before: Katzmann, Ch.J., Winter, C.J., and Stein,** D.J.

U.S. District Court, Western District

Casado v. Sheehan, 1:14-CV-00742

Indictment Not Rendered Duplicitous by Trial Facts; Counsel Not Ineffective; Habeas Denied

1:14-CV-00742
District Judge Michael Telesca

U.S. District Court, Eastern District

Cheeseboro v. Little Richie Bus Service, Inc., 12-cv-1792

School Bus Operator Violated No Duty to Child, Is Immune Under N.Y. Educ. Law §3813(4)

12-cv-1792
District Judge Sandra Townes

U.S. District Court, Southern District

Salonclick LLC d/b/a Min New York, Plaintiff v. Superego Management LLC and Mindy Yang, Defendants, 16 Civ. 2555

Dismissal of Replevin, Conversion, Unfair Competition, Fiduciary Duty Breach Claims Denied; Demand Requirement Inapplicable to Knowingly, Wrongfully Misappropriated Confidential Customer List

16 Civ. 2555
District Judge Kimba M. Wood

U.S. District Court, Eastern District

Diaz v. Shanklin Corp., 16-cv-2332

Machine's Maker May Amend Answer to Raise Improper Service, Long-Arm Jurisdiction Defenses

16-cv-2332
District Judge Arthur Spat

U.S. Court of Appeals, Second Circuit

Fernandez v. Zoni Language Centers, Inc., 16-1689-cv

Zoni Language Centers Are 'Other Educational Institutions' Exempt From FLSA Requirements

16-1689-cv
Before: Calabresi, Raggi, Lynch, C.JJ.

U.S. District Court, Western District

Campbell v. National Fuel Gas Distribution Corp., 1:13-CV-00438

Employer's Nondiscriminatory Reasons For Firing Worker Not Shown Pretextual

1:13-CV-00438
District Judge Elizabeth Wolford

U.S. District Court, Western District

USA v. Soha, 05-CR-360

28 USC §2255(a) Sentence Relief Is Denied As to Hobbs Act, RICO Conspiracy Convictions

05-CR-360
District Judge Richard Arcara

U.S. District Court, Southern District

Gattoni v. Tibi, LLC, 16 Civ. 7527

Prerequisite Element for §501 Infringement Claim Not Pleaded; DMCA §1202(b) Claim Stands

16 Civ. 7527
District Judge Robert Sweet

U.S. District Court, Southern District

In re: Various Grand Jury Subpoenas, 12 Misc. 381

Denial of Motion to Purge Contempt Citation Explained; $1,000 Daily Sanction to Begin

12 Misc. 381
District Judge William Pauley

U.S. District Court, Southern District

Rugerio-Serrano v. Makita USA, Inc., 16-CV-5391

Ad Damnum Demand Response Was First Paper Stating Controversy Amount Exceeded $75,000

16-CV-5391
District Judge Kenneth Karas

U.S. District Court, Eastern District

USA v. Hawit, 15-cr-252

Soccer Officials' Trials Not Severed; Evidence Overlaps, Preference for Joint Trial Noted

15-cr-252
District Judge Pamela Chen

U.S. District Court, Southern District

USA v. Zongo, 15 CR 319

Acquittal, New Trial Denied Woman Guilty of Attempted Wire Fraud in Benefits Application

15 CR 319
District Judge Kimba Wood

U.S. District Court, Southern District

Liquidx Inc. v. Brooklawn Capital, LLC, 16cv5528

Company Is Firm's Alter Ego, Can Be Joined In Third Party's Arbitration in Louisiana

16cv5528
District Judge William Pauley

U.S. District Court, Southern District

Grimmett v. Corizon Medical Assoc. of N.Y., 15-CV-7351

Partial Dismissal of Inmate's §1983 Action Claiming Deliberate Indifference Explained

15-CV-7351
District Judge J. Paul Oetken

U.S. District Court, Southern District

Reeves v. City of Yonkers, 16-CV-2223

Equitable Tolling Appropriate for Suit Claiming Firing Based on Assumption of Run for Office

16-CV-2223
District Judge Kenneth Karas

U.S. District Court, Eastern District

Scottsdale Ins. Co v. Priscilla Properties, LLC, 15-cv-4764

Insurance Policy Deemed Void Ab Initio As Induced by Material Misrepresentations

15-cv-4764
District Judge Arthur Spatt

U.S. District Court, Northern District

Bartlett v. Honeywell International, Inc., 5:13-CV-365

CERCLA Preempts Nuisance, Other Claims About Superfund Site Remediation Dredging

5:13-CV-365
District Judge Frederick Scullin

U.S. District Court, Southern District

USA v. Radin, 16 Cr. 528

Misconduct Accusations Baseless, Bias Claims Based on Proceeding Events; Recusal Denied

16 Cr. 528
Magistrate Judge Henry Pitman

U.S. District Court, Southern District

USA v. Accolade Construction Group, Inc., 15 Civ. 5855

No Right to Jury Trial Under TSCA Where Only Injunctive Relief, Disgorgement of Profits Sought

15 Civ. 5855
Magistrate Judge James Francis

U.S. Court of Appeals, Second Circuit

Spak v. Phillips, 15-3525-cv

Rights Suit's Dismissal Upheld; Claim Accrued On Nolle Prosequi's Entry, Not Records' Erasure

15-3525-cv
Before: Walker and Cabranes, C.JJ, and Berman, D.J. *

U.S. District Court, Western District

Gordon v. Parole Officer Semrug, 14-CV-324

Ex-Parolee's Claims Over DSO Designation Time Barred, Barred by Qualified Immunity

14-CV-324
District Judge William Skretny

U.S. District Court, Western District

USA v. Nagi, 15-CR-148

Indictment Arising From Travel to Turkey With Intent to Enter Syria to Join ISIL Not Dismissed

15-CR-148
District Judge Richard Arcara

U.S. District Court, Southern District

Jalal v. Lucille Roberts Health Clubs Inc., 15-cv-07802

Jewish Woman Treated Differently by Gym Only Because She Wore Inappropriate Attire

15-cv-07802
District Judge Thomas Griesa

U.S. Court of Appeals, Second Circuit

McCulloch Orthopaedic Surgical Services, PLLC v. Aetna Inc., 15-2150-cv

ERISA Does Not Bar 'Out-of-Network' Doctor's Promissory Estoppel Claim Against Insurer

15-2150-cv
Before: Walker, Calabresi, and Hall, C.JJ.

U.S. Court of Appeals, Second Circuit

Makinen v. City of N.Y., 16-973-cv

State's High Court Must Decide if City Code Bars Disability Bias Claim Over Perceived Alcoholism

16-973-cv
Before: Sack, Livingston, and Lohier, C.JJ.

U.S. District Court, Northern District

McManus v. Tetra Tech Construction, Inc., 1:16-CV-894

Dodd-Frank Claim Over Firm's Accounting Practices Violating Sarbanes-Oxley Survives

1:16-CV-894
District Judge Lawrence Kahn

U.S. District Court, Eastern District

Uddoh v. United Healthcare, 16-cv-1002

No Bias in Rejection of In Vitro Fertilization Benefits due to Mistake About Party's Gender

16-cv-1002
District Judge Brian Cogan

U.S. District Court, Northern District

Assembly Point Aviation, Inc. v. Richmor Aviation, Inc., 1:13-CV-298

Agreement Was Orally Modified; Verdict Form Allowed for Internally Inconsistent Verdict

1:13-CV-298
District Judge Frederick Scullin

U.S. District Court, Eastern District

Jewell v. Lifeboat, 16-cv-1587

Transfer of Copyright Infringement Suit Over App's Use to CA's Central District Is Explained

16-cv-1587
District Judge Nina Gershon

U.S. District Court, Southern District

Latin America Music Co., Inc. v. Spanish Broadcasting System, Inc., 13-cv-1526

Infringement Claims Against Radio Stations' Owner Not Proved by Preponderant Evidence

13-cv-1526
District Judge Richard Sullivan

U.S. District Court, Western District

CRA Holdings US, Inc. v. USA, 15-CV-239

Sanction Denied Over §41 Criteria Responses For Sampling in Firm's Bid for Tax Refund

15-CV-239
Magistrate Judge Leslie Foschio

U.S. District Court, Northern District

Marshall v. NYS DOCCS, 9:16-CV-1501

Challenge to 2003 Detainer Is Successive Habeas Filing, Transferred to Second Circuit

9:16-CV-1501
District Judge Glenn Suddaby

U.S. District Court, Eastern District

In Re Two Subpoenas to testify before A grand jury dated December 1, 2016, returnable December 27, 2016 United States of America, Movant v. John Doe Nos. 1 and 2, Respondents, 17-mc-525

Fifth Amendment's 'Act of Production' Privilege Does Not Extend to Documents in Respondents' Possession That Are Required to Be Kept Under N.Y. Tax Law §§426 and 428.2; Records Must Be Produced in Compliance With Governmetn's Subpoenas

17-mc-525
District Judge Joseph Bianco

U.S. District Court, Southern District

Taylor v. Financial Recovery Services, Inc., 16 Civ. 4685

Collection Letters Did Not Violate FDCPA; Settlement Consequences Statement Accurately Stated Law

16 Civ. 4685
District Judge Lorna Schofield

U.S. District Court, Eastern District

Phillips v. 180 Bklyn Livingston, LLC, 17 Civ. 325

Bid for Money Settlement Was Inconsistent With ADA Title III's Private Right of Action

17 Civ. 325
District Judge Brian Cogan

U.S. District Court, Southern District

Mance v. U.S. Parole Commission, 16 Civ. 7249

Parole Revocation Denied Habeas Relief; USPC Requried to Deny Sentence Credit Retroactively

16 Civ. 7249
Justice Robert Sweet

U.S. District Court, Western District

Difrancesco v. Win-Sum Ski Corp., 13CV148

Final Discovery Extension in Injury Suit Over Boy's Fall From Chairlift Explained

13CV148
Magistrate Judge Hugh Scott

U.S. District Court, Eastern District

Matrix Polymers Inc. v. A-E Packaging, Inc., CV 15-6040

Default Judgment Deemed to Be Willful, Is Denied Vacatur for Excusable Neglect

CV 15-6040
District Judge Leonard Wexler

U.S. District Court, Southern District

Garcia v. Village Red Restaurant Corp., 15 Civ. 6292

Sole Shareholder Holds No Control Over Eatery, Is Not 'Employer' for FLSA Suit

15 Civ. 6292
Magistrate Judge James Francis

U.S. District Court, Southern District

Colonial Funding Network, Inc. v. Epazz, Inc., 16 Civ. 5948

Usury Counterclaims Dismissed in Breach Suit Over Future Receipts' Sale for Advances

16 Civ. 5948
District Judge Louis Stanton

U.S. District Court, Southern District

Katz v. Donna Karan International, Inc., 14 Civ. 740

Action Alleging Breach of FACTA's Truncation Requirement Dismissed for Lack of Standing

14 Civ. 740
District Judge Paul Crotty

U.S. District Court, Eastern District

High v. Miller, 16-CV-00984

Burglar Denied §2254 Relief From Conviction Arising From Break-In to Steal Copper Pipe

16-CV-00984
District Judge Joseph Bianco

U.S. District Court, Western District

Abbott v. Wyoming County Sheriff's Office, 15-CV-531W

Sheriff's Office Must Supplement Response To Bias Claimant's Documents Request

15-CV-531W
Magistrate Judge Hugh Scott

U.S. District Court, Southern District

N.Y. City Dist. Council of Carpenters v. New England Construction Co., Inc., 16 Civ. 6608

LMRA Requires Confirmation of Arbitral Awards; Bid for $700 in Legal Fees, $499 in Costs Granted

16 Civ. 6608
District Judge Katherine Polk Failla

U.S. Court of Appeals, Second Circuit

USA v. Khalil, 15-3819-cr

Transportation of Alien Was Not Related to Act In Furtherance of His Unlawful Presence in U.S.

15-3819-cr
Before: Calabresi, Wesley, and Lohier, C.JJ.

U.S. District Court, Southern District

Keller Foundations, LLC v. Zurich American Insurance Co, 16 Civ. 6751

Duty to Named Insureds Not Breached By Insurer's Settlement With Third Party

16 Civ. 6751
District Judge Paul Engelmayer

U.S. District Court, Eastern District

Baross v. Greenlawn Volunteer Fire Dept., Inc., 16-cv-04805

Volunteer Fire Dep't is State Actor Subject To ADA, §1983 Claims by Ex-Member's Estate

16-cv-04805
District Judge Arthur Spatt

U.S. District Court, Southern District

I.O.B. Realty, Inc. v. Patsy's Brand, Inc., 16 Civ. 7682

Incontestability, Laches Claims Rejected In Suit Over Pizzeria Mark's Infringement

16 Civ. 7682
District Judge Louis Stanton

U.S. District Court, Southern District

Butler v. Police Officer Joaquim Brito, 15-CV-9718

Probable Cause Negates §1983 Suit Challenging Arrest, Search for Avoiding DWI Checkpoint

15-CV-9718
District Judge Cathy Seibel

U.S. District Court, Eastern District

Cordero v. City of N.Y., 15 CV 3436

City Must Pay Legal Fees, Costs as Sanction for Counsel's Improper Objections at Deposition

15 CV 3436
Magistrate Judge Cheryl Pollak

U.S. District Court, Southern District

USA v. Kloszewski, 16 Cr. 200

Indictment Not Dismissed Over Failure to Preserve Phone Video; Video's Exculpatory Value Unclear

16 Cr. 200
District Judge Alvin Hellerstein

U.S. District Court, Western District

Buffalo State Alumni Assoc., Inc. v. The Cincinnati Ins. Co, 1:14-cv-383

Parties' Realignment in Order to Preserve Diversity Jurisdiction Denied; Case Remanded

1:14-cv-383
District Judge Michael Telesca

U.S. District Court, Western District

Buczek v. Giglio, 16-CV-847

Lead Exposure Action Improperly Removed Under FCA, Is Remanded to State Court

16-CV-847
District Judge William Skretny

U.S. District Court, Southern District

Enigma Software Group USA, LLC v. Malwarebytes Inc., 16 Civ. 7885

Lanham Act Suit Over Anti-Malware Software Transferred to California's Northern District

16 Civ. 7885
District Judge Paul Englemayer

U.S. District Court, Southern District

Alphas v. The City of N.Y. Business Integrity Commission, 1:15-cv-03424

Action Over Firm's Eviction From Hunts Point Produce Market Dismissed for Lack of Standing

1:15-cv-03424
District Judge Andrew Carter

U.S. District Court, Western District

Ferguson v. Commisioner of Tax and Finance, 16-CV-6447

Tax Injunction Act Bars Challenge to Provision's Constitutionality; $4,250 Sanction Ordered

16-CV-6447
District Judge Charles Siragusa

U.S. District Court, Northern District

Zdziebloski v. Town of East Greenbush, 1:15-CV-0298

Pond on Homeowner's Property not 'Water Of U.S.', Is Not Covered by Clean Water Act

1:15-CV-0298
District Judge Lawrence Kahn

U.S. District Court, Southern District

Joint Stock v. Infomir, 16-CV-1318

Attorney Faulted for 'Uninformative' Discovery in Russian TV Pirating Case

16-CV-1318
Magistrate Judge Barbara Moses

U.S. District Court, Southern District

Mortgage Resolution v. JPMorgan Chase Bank, 15 Civ. 029

15 Civ. 0293 (LTS) (JCF)
Magistrate Judge James Francis IV

U.S. District Court, Northern District

Brozzo v. U.S. Dept. of Education, 7:14-CV-1584

Student Loan Documents Not Agency Records Of U.S. Education Department Under FOIA

7:14-CV-1584
District Judge Lawrence Kahn

U.S. District Court, Eastern District

Northfield Ins. Co. v. Queen's Palace, Inc., 16-CV-471

Under 'Assault and Battery Exclusion' Insurer Need Not Defend in Wrongful Death Lawsuit

16-CV-471
Magistrate Judge Steven Gold

U.S. District Court, Southern District

Energy Intelligence Group, Inc. v. Canaccord Genuity, Inc., 16-cv-8298

Dismissal of Infringement Claims Grounded On Copying, Distribution Outside U.S. Explained

16-cv-8298
District Judge John Koeltl

U.S. District Court, Western District

USA v. Lander, 13-CR-151

Plea's Withdrawal as Coerced Denied; Only Regret in Pleading Guilty Demonstrated

13-CR-151
District Judge Richard Arcara

U.S. District Court, Western District

Testa v. Becker, 10-CV-6229

'Phantom Account' Offset Retiree Must Be Paid Under 2016 'Frommert' 'New Hire' Formula

10-CV-6229
District Judge David Larimer

U.S. District Court, Eastern District

Cordero v. City of New York, 15 CV 3436

City Attorney Sanctioned for Excessive Objections

15 CV 3436 (JBW) (CLP)
Magistrate Judge Cheryl Pollak

U.S. District Court, Southern District

U. S. Commodity Futures Trading Commission v. Creagh, 15-CV-6140

CPO, Manager Penalized $125,000; $500,000 Penalty on Four Counts Excessive

15-CV-6140
District Judge J. Paul Oetken

U.S. District Court, Southern District

Clarke v. Upwork Global, Inc., 17-CV-560

Firm's Executives Waived Rights to Object To Proceeding With Arbitration of Claims

17-CV-560
District Judge Alison Nathan

U.S. Court of Appeals, Second Circuit

USA v. Serrano, 16-4321

Appealable Double Jeopardy Claim Not Stated; Rule 29 Motion Not in Collateral Order Doctrine

16-4321
Before: Kearse, Calabresi and Cabranes, C.JJ.

U.S. District Court, Eastern District

Global Funding Group, LLC v. 133 Community Road, Ltd., 15 CV 6595

Fraud Claim Dismissed as Resting on Breach Claim; Other Claims Duplicate Breach Claim

15 CV 6595
District Judge Denis Hurley

U.S. District Court, Eastern District

Leventhal v. Paes, 17 Civ. 2496

Suit Dismissed as Facially Frivolous, Attempt To Harass Those Defending Against Abuses

17 Civ. 2496
District Judge Brian Cogan

U.S. District Court, Southern District

Levy v. Young Adult Institute, Inc., 13-CV-2861

Bench Ruling on Breach Not Reconsidered; Retirement Benefits Should Be Paid As Annuity

13-CV-2861
District Judge J. Paul Oetken

U.S. District Court, Southern District

Purolite Corp. v. Hitachi America, Ltd., 17 Misc. 67

Firm Qualifies for 28 USC §1782 Discovery But Its Subpoenas Cannot Be Approved

17 Misc. 67
District Judge Paul Engelmayer

U.S. District Court, Southern District

The Alphas Co. of N.Y. Inc. v. The Hunts Point Terminal Produce Cooperative, Inc., 1:14-cv-00145

Civil RICO Action's Dismissal for Failure To State Claim, Lack of Standing Explained

1:14-cv-00145
District Judge Andrew Carter

U.S. District Court, Western District

Meegan v. Berryhill, 1:16-CV-00187

ALJ Failed to Develop Record, Disregarded Treating Physician Rule in Disability Case

1:16-CV-00187
District Judge Michael Telesca

U.S. District Court, Eastern District

Mendelsohn v. Ross, 16-CV-2071

Settlement Proceeds From Defective Medical Device Held Not Property of Bankruptcy Estate

16-CV-2071
District Judge Jospeph Bianco

U.S. District Court, Southern District

4 Pillar Dynasty LLC v. Saucony, Inc., 1:16-cv-2824

Summary Judgment Denied in Infringement Action; Issues Exist as to Mark's Senior User

1:16-cv-2824
District Judge Gregory Woods

U.S. District Court, Southern District

Laspata Decaro Studio Corp. v. Rimowa GMBH, et al., 16 Civ. 934

Infringement Suit Dismissed on Basis of Forum Clause Placing Jurisdiction in Germany

16 Civ. 934
District Judge Lorna Schofield

U.S. District Court, Southern District

Seck v. Dipna RX, Inc., 16-cv-7262

FLSA Suit's Settlement By Complaint's Dismissal By Plaintiff Not Exempt From ' Cheeks' Review

16-cv-7262
District Judge P. Kevin Castel

U.S. District Court, Northern District

Disability Rights N.Y. v. North Colonie Board of Education, 1:14-CV-0744

State's Advocate Awarded Reduced $85,853 Fee Award in Suit Over P&A Statutes' Breach

1:14-CV-0744
District Judge David Hurd

U.S. District Court, Eastern District

Disney Enterprises, Inc. v. Finanz St. Honore, B.V., 13-cv-6338

Disney May Attach $700,000 of Indemnor's Assets; CPLR 6212, 'Capital Ventures' Satisfied

13-cv-6338
District Judge Nina Gershon

U.S. District Court, Southern District

United States v. Prevezon Holdings, 13-cv-6326

US Court Permits Evidence in Russian Laundering Case

13-cv-6326
District Judge William Pauley III

U.S. District Court, Western District

Evert v. Wyoming County Community Health System, 14-CV-912S

Judge Rules Title VII Action Not Appropriate in Hostile Hospital Workplace Case

14-CV-912S
District Judge William Skretny

U.S. Court of Appeals, Second Circuit

Ahmed v. Astoria Bank, 16-1389-cv

Muslim Wins Reversal in Workplace Bias Suit

16-1389-cv
Before: Walker, Jr., Lynch, Lohier, Jr., C.JJ.

U.S. District Court, Southern District

In Re China North East Petroleum Holdings Limited, Securities Litigation, 10-CV-4577

China North Securities Suit Remanded Again by Circuit

10-CV-4577 (KBF)
District Judge Katherine Forrest

U.S. District Court, Southern District

Kerr v. John Thomas Financial et al., 14-cv-9168

Court Adds $9,645 to $190,652.02 Legal Fees Award Recommended by Magistrate

14-cv-9168
District Judge Katherine Forrest

U.S. District Court, Southern District

Elsevier Inc. v. Grossmann, 12 Civ. 5121

New Trial Granted on Issue of Domestic Injury With Respect to RICO Claims

12 Civ. 5121
District Judge Katherine Polk Failla

U.S. District Court, Southern District

Huh v. Suez Water Westchester Inc., 16 Civ. 3240

Suit Over High Water Bill Dismissed in Favor of NYPSC Under Primary Jurisdiction Doctrine

16 Civ. 3240
District Judge Paul Engelmayer

U.S. District Court, Western District

Jeziorowski v. Credit Protection Assoc., L.P., 13-CV-1180

Lawsuit May Be Listed as Bankruptcy Estate Asset, Trustee May Be Substituted as Plaintiff

13-CV-1180
District Judge Lawrence Vilardo

U.S. District Court, Western District

Philadelphia Indemnity Ins. Co. v. Central Terminal Restoration Corp., 16-cv-280

Insurer's Duty to Defend, Indemnify Nonprofit, Injured In 'Dram Shop' Litigation Explained

16-cv-280
District Judge Michael Telesca

U.S. District Court, Southern District

Fries v. Northern Oil and Gas, 16 Civ. 6543

Lead Plaintiff Emerges in Northern Oil and Gas Securities Suit

16 Civ. 6543 (ER)
District Judge Edgardo Ramos

U.S. District Court, Western District

USA v. Nix, 6:14-CR-06181

Post-Verdict Subpoenas Quashed; Rule 17(c) Not Satisfied, 'Fishing Expedition' Noted

6:14-CR-06181
District Judge Elizabeth Wolford

U.S. District Court, Southern District

Bogar v. Ameriprise Financial Services, Inc., 1:16-cv-7199

Award Over Unpaid Loan's Balance Confirmed; FINRA Rule 13806 Applies to Subject Arbitration

1:16-cv-7199
District Judge Gregory Woods

U.S. District Court, Southern District

Roberts v. Capital One, N.A., 16 Civ. 4841

Breach Suit Over Overdraft Fees' Assessment Dismissed; Fees Incurred When Overdraft Paid

16 Civ. 4841
District Judge Lorna Schofield

U.S. District Court, Southern District

Verragio, Ltd. v. Diamonds, 16-cv-6931

Jurisdiction Over Texas Firm in Infringement Litigation Proved by Preponderant Evidence

16-cv-6931
District Judge Katherine Forrest

U.S. District Court, Western District

Nguti v. Sessions III, 6:16-CV-6703

Noncriminal Immigration Detainee Held Since 2015 Entitled to 'Lora' Bond Hearing

6:16-CV-6703
District Judge Lawrence Vilardo

U.S. District Court, Eastern District

United States v. Joaquin Archivaldo Guzman, 09 Cr. 466

Judge Keeps 'El Chapo' in Solitary Confinement

09 Cr. 466 (BMC) (S-4)
District Judge Brian Cogan

U.S. Court of Appeals, Second Circuit

In Re: Lehman Brothers Holdings, Debtor.

Vested Stock Compensation Considered Securities in Lehman Bankruptcy Case

16-1296-bk
Before: Jacobs, Sack, and Carney, C.JJ.

U.S. District Court, Eastern District

USA v. Kamel Lambus, 15-CR-382

Judge Jettisons Ankle-Monitor Evidence From Gang Case

15-CR-382
District Judge Jack Weinstein

U.S. District Court, Southern District

USA v. Wey, 15-CR-611

Nasdaq Denied Subpoena's Quash; Immunity Claim Rejected, Privileges Improperly Invoked

15-CR-611
District Judge Alison Nathan

U.S. District Court, Southern District

George v. Professional Disbosables International, Inc., 15-CV-3385

'Zagano' Factors Weigh Against Claims' Dismissal Pursuant to FRCP 41(a)(2)

15-CV-3385
District Judge Ronnie Abrams

U.S. District Court, Southern District

USA v. Little, 12-cr-647

Indictment for Failing to File Tax Returns, FBARs Not Dismissed; Statutes Not Vague as Applied

12-cr-647
District Judge P. Kevin Castel

U.S. District Court, Eastern District

USA v. Diatlova, 12 CR 626

Spillover Prejudice Leads to New Trial On IEEPA's Violation by RAM Chip's Export

12 CR 626
District Judge Sterling Johnson

U.S. District Court, Eastern District

NV Petrus SA v. LPG Trading Corp., 14-CV-3138

Defendants' Waiver of Right to Arbitrate Contract Breach Action Is Explained

14-CV-3138
District Judge Nicholas Garaufis

U.S. District Court, Southern District

New York Times v. Central Intelligence Agency, 16 Civ. 3098

Times Gets $52K in Fees for Pursuit of FOIA Suit Against CIA

16 Civ. 3098 (JSR)
District Judge Jed Rakoff

U.S. District Court, Eastern District

Rodriguez v. The People, 16-CV-5615

Brothers Denied Habeas Relief as Untimely Filed, Not Prejudiced by Ineffective Assistance

16-CV-5615
District Judge Joseph Bianco

U.S. District Court, Southern District

The N.Y. Times Co. v. Central Intelligence Agency, 16 Civ. 3098

N.Y. Times' Reduced $51,909 Attorney Fee Award Against CIA Under FOIA Is Explained

16 Civ. 3098
District Judge Jed Rakoff

U.S. District Court, Southern District

Arrowhead Capital Finance, Ltd. v. Seven Arts Entertainment, Inc., 14 Civ. 6512

Sanctions Withdrawn Against Attorney But Otherwise Properly Imposed for 'Bad Faith'

14 Civ. 6512
District Judge Katherine Polk Failla

U.S. District Court, Western District

Campanella v. O'Flynn, 10-CV-6236

Case's History of Scheduling Orders Noted In Judgment's Set Aside Under FRCP 60(b)

10-CV-6236
District Judge Frank Geraci

U.S. District Court, Northern District

Donlick v. Standard Insurance Co, 3:16-CV-617

LTD Benefits' Denial Not Arbitrary; Amputee Could Perform Sedentary Work

3:16-CV-617
District Judge Frederick Scullin

U.S. Court of Appeals, Second Circuit

Cole-Hoover v. Reddy, 15-1986-cv

Circuit Grants Fee Award Following Lengthy Dispute

15-1986-cv(L)
Before: Walker, Jr., Jacobs, Parker, C.JJ.

U.S. Court of Appeals, Second Circuit

Davis v. New York State Board of Elections, 16-3822-cv

Cleary Gottlieb Partner Denied Chance to Challenge Selection for NY Constitutional Convention

16-3822-cv
Before: Kearse, Calabresi, Cabranes, C.JJ.

U.S. District Court, Western District

Cayuga Indian Nation of New York v. Seneca County, 11-CV-6004

Judge Says Upstate County Cannot Tax Cayuga-Held Land

11-CV-6004 CJS
District Judge Charles Siragusa

U.S. District Court, Southern District

Lopez v. USA, 16 Civ. 3342

Sentences Denied §2255 Relief Under 'Allyne'; Ineffective Assistance Claim Is Meritless

16 Civ. 3342
District Judge Paul Crotty

U.S. District Court, Southern District

Perez v. USA, 14-CV-3995

Sentence Denied §2255 Vacatur; Rights Under Sixth Amendment Not Violated

14-CV-3995
District Judge Vernon Broderick

U.S. District Court, Southern District

Molina v. The County of Westchester, 16 CV 3421

Inmate's §1983 Suit Over Attack Dismissed; Guards' Indifference Not Plausibly Asserted

16 CV 3421
District Judge Vincent Briccetti

U.S. District Court, Eastern District

D.O. Alvin Hershfeld v. JM Woodworth Risk Retention Group, Inc., 16 Civ. 6369

N.Y. Deemed Nevada Insurer's 'Nerve Center'; Diversity Jurisdiction Lacking; Suit Remanded

16 Civ. 6369
District Judge Brian Cogan

U.S. District Court, Southern District

Canon Solutions America, Inc. v. Lucky Games, Inc., 15 Civ. 6606

Canon Granted Judgment on Breach Claim Only as to 2,228 Unreturned Bottles of Toner

15 Civ. 6606
District Judge Kimba Wood

U.S. District Court, Southern District

Securities and Exchange Commission v. Meli, 17-cv-632

Injunction Secured in SEC 'Hamilton' Ponzi Scheme Case

17-cv-632-LLS
District Judge Louis L. Stanton

U.S. District Court, Southern District

USA v. Pokerstars, et al., 11-CV-2564

Claims for New Trial, Judgment's Amendment Baseless; Controlling Law, Facts Not Overlooked

11-CV-2564
District Judge Kimba Wood

U.S. District Court, Southern District

Scheinmann v. Dykstra, 16 Civ. 5446

Counsels' Emails Formed Binding Settlement; Release Not Material Term of Agreement

16 Civ. 5446
Magistrate Judge Andrew Peck

U.S. District Court, Southern District

U.S. v. Block, 16-CR-595

Indictment Charging REIT's CFO With Financial Statements' Fraudulent Preparation Stands

16-CR-595
District Judge J. Paul Oetken

U.S. District Court, Northern District

Fish v. 1295 Aroxy Cleaners, 1:15-CV-102

Hostile Job Site Claim Survives Dismissal; Sexual Assaults Create Hostile Work Site

1:15-CV-102
District Judge Mae D'Agostino

U.S. District Court, Eastern District

Halsey v. Thompson, 17-CV-89

Detainee's Claims Insufficiently Alleged; Private Citizen Did Not Act Under Color of State Law

17-CV-89
District Judge Margo Brodie

U.S. District Court, Eastern District

Sprint Solutions v. iCell Guru, 14-3539

Court Rules Sprint Failed to Show Adequate Evidence of Infringement

14-3539 (FB)
Senior District Judge Frederic Block

U.S. District Court, Eastern District

Power UP Lending Group, Ltd v. Murphy, 16-cv-1454

Forum Clause Provides Basis for Jurisdiction But Complaint Dismissed for Rule 9(b) Defects

16-cv-1454
District Judge Arthur Spatt

U.S. District Court, Southern District

Multiwave Sensor Inc. v. Sunsight Instruments, LLC, 1:16-cv-1361

Infringement Action Is Denied Dismissal, Is Transferred to Middle District of Florida

1:16-cv-1361
District Judge Gregory Woods

U.S. District Court, Southern District

USA v. Law, 16 Cr. 676

Indictment Informed Defendant of Crime Charged; Need for Bill of Particulars Not Shown

16 Cr. 676
District Judge Lorna Schofield

U.S. District Court, Western District

Perez v. Cully, 1:13-CV-01107

Denial of §2254 Relief From Manslaughter Conviction for 2005 Stabbing Death Explained

1:13-CV-01107
District Judge Michael Telesca

U.S. District Court, Northern District

Westcott v. Warren County Board of Supervisors, 1:16-CV-1088

County's Board Granted Judgment In Equal Protection, Due Process Action Over Voting

1:16-CV-1088
District Judge Glenn Suddaby

U.S. Court of Appeals, Second Circuit

United States v. Westchester County, 16 2540-cv

Westchester Accused of 'Total Obstruction' of Affordable Housing

16 2540-cv(L)
Before: Calabresi, Chin, Lohier, Jr., C.JJ.

U.S. Court of Appeals, Second Circuit

Brown Media Corporation, Roy E. Brown, Plaintiffs-Appellants v. K&L Gates, LLP, Edward M. Fox, Eric T. Moser, Defendants-Appellees, 15-4185-cv

Court's Dismissal of Case on Basis of Res Judicata Reversed, Judgment Vacated; Plaintiff's Claims of Fiduciary Duty Breach, Interference With Contract, Fraud, Not The Sort of Claims That Should Have Been Raised in Underlying Bankruptcy Actions Nor Implicate Validity of Asset Sale Confirmed in Bankruptcy Proceedings

15-4185-cv
Before: Hall, Livingston, C.JJ., and Garaufis, D.J.*

U.S. District Court, Southern District

USA v. Rodriguez, 12 Cr. 844

Guilty Plea Withdrawal Denied; Despite Concerns Initial Representation Did Not Violate 'Strickland'

12 Cr. 844
District Judge Robert Sweet

U.S. District Court, Southern District

White Plains Housing Authority v. Getty Properties Corp., 13 Civ. 6282

Default Judgment Is Set Aside as Not Willful; Default 'Excusable Neglect' Under FRCP 60(b)(1)

13 Civ. 6282
District Judge Nelson Roman

U.S. District Court, Southern District

Cain v. Twitter, Inc., 17 Civ. 122

Suit Charging Twitter With Supporting ISIS Transferred to California's Northern District

17 Civ. 122
District Judge Paul Crotty

U.S. District Court, Eastern District

Martins v. The County of Nassau, 15-cv-5120

§1983 Complaint Over Arrest for Sign's Display Above LIE Overpass Can Only Be Partly Amended

15-cv-5120
District Judge Arthur Spatt

U.S. District Court, Eastern District

DeFranco v. Dept. of Environmental Conservation of The State of N.Y., 16 Civ. 2014

NYDEC Immune, Town Defendants Granted Judgment on Pleadings, in §1983 Action

16 Civ. 2014
District Judge Denis Hurley

U.S. District Court, Southern District

Khatabi v. Bonura, 10 Civ. 1168

Spoliation Sanctions Denied; Culpable State Of Mind, Relevance, Prejudice Not Shown

10 Civ. 1168
District Judge Edgardo Ramos

U.S. District Court, Eastern District

Gilmore v. Ally Financial Inc., 15-CV-6240

ECOA Class Suit Dismissed; Article III Standing Not Shown; Concrete Injury Not Pleaded

15-CV-6240
Magistrate Judge Ramon Reyes

U.S. District Court, Southern District

Integr8 Fuels Inc. v. Daelim Corp., 17 CV 2191

Injunctive Relief Barring Arbitration Denied In Litigation Over Nonpayment For Ship's Fuel

17 CV 2191
District Judge Laura Taylor Swain

U.S. District Court, Northern District

Upstate N.Y. Engineers Health Fund v. Oneidaview Pile Driving, Inc., 5:15-CV-0512

Firm's Principal Jointly, Severally Liable For Part of Award to Employee Benefit Plans

5:15-CV-0512
District Judge Lawrence Kahn

U.S. District Court, Northern District

Horton v. Board of Education of the Sherburne-Earlville Central School Dist., 5:17-CV-45

Article 78 Is Adequate State Court Remedy To Resolve Disputes Over Discipline in School

5:17-CV-45
District Judge Mae D'Agostino

U.S. Court of Appeals, Second Circuit

USA v. Diaz, 15-3776-cr

Denial of Gun's Suppression Upheld; Warrantless Search Was Lawful Search Incident to Arrest

15-3776-cr
Before: Walker, Sack, and Chin, C.JJ.

U.S. District Court, Southern District

City of Almaty v. Ablyazov, 15-CV-5345

RICO Claims' Dismissal Denied Interlocutory Appeal; Reversal Would Not End Litigation

15-CV-5345
District Judge Alison Nathan

U.S. District Court, Southern District

USA v. Stern, 16 Cr. 525

Probable Cause Existed to Justify Wiretap; Request for 'Franks' Hearing Denied

16 Cr. 525
District Judge John Koeltl

U.S. District Court, Western District

USA v. Hayes, 15-CR-29

Buccal Swabs May Be Taken for Comparison To DNA Profiles Obtained From Shotgun

15-CR-29
District Judge Richard Arcara

U.S. District Court, Western District

In re: Flour City Bagels, LLC, 16-CV-6667

Bankruptcy Court's Motion Denial Did Not Dispose Of Entire Claim; Appeal Under 28 USC §158 Denied

16-CV-6667
District Judge Frank Geraci

U.S. District Court, Eastern District

McNamara v. The City of Long Beach, 16 CV 1205

Union Executive's §1983 Suit Survives; City Officials' Entitlement to Immunity Not Shown

16 CV 1205
District Judge Denis Hurley

U.S. District Court, Eastern District

USA v. Vasquez, 16-CR-280

Search's Extension to 2 A.M. Reasonable; No Basis Exists to Suppress Seized Evidence

16-CR-280
District Judge Brian Cogan

U.S. District Court, Southern District

Ideavillage Products Corp. v. Bling Boutique Store, 16-CV-9039

Frozen Funds Not Released in Counterfeiting Suit Brought Under Lanham, Copyright Acts

16-CV-9039
District Judge Kimba Wood

U.S. District Court, Western District

Cole-Hoover v. USA, 14-CV-429

FTCA Malpractice Suit Dismissed for Failure To Prosecute; Lesser Sanctions Ineffective

14-CV-429
District Judge William Skretny

U.S. District Court, Eastern District

Gao v. Perfect Team Corp, 10-cv-1637

'Cheeks' Approval Process Supplanted By Bankruptcy Court's Approval of Settlement

10-cv-1637
District Judge Eric Vitaliano

U.S. District Court, Southern District

Marom v. City of New York, 15-cv-2017

Court Declines NYC's Bid to Withhold Occupy Reports

15-cv-2017 (PKC)
District Judge P. Kevin Castel

U.S. District Court, Eastern District

USA v. Yetim, 14-CV-847

RCRA's Violation Admitted But Evidence Hearing Needed to Decide Penalty Amount

14-CV-847
District Judge Joseph Bianco

U.S. District Court, Southern District

USA v. Lumiere, 16 Cr. 483

Hedge Fund Portfolio Manager Guilty of Wire, Securities Fraud Denied New Trial Under Rule 33

16 Cr. 483
District Judge Jed Rakoff

U.S. District Court, Southern District

Olsen v. Doldo, 16-CV-5366

Injunctive Relief Motion Found Insufficiently Related to Underlying §2254 Habeas Petition

16-CV-5366
District Judge Ronnie Abrams

U.S. District Court, Northern District

Samodovitz v. Cocchiola, 3:16-CV-1228

Judicial Immunity Doctrine Leads to Pro Se §1983 Complaint's Dismissal

3:16-CV-1228
District Judge David Hurd

U.S. District Court, Eastern District

Prasai v. International Nepali Literary Society, 16-CV-6243

Complaint Does Not Establish Federal Question Or Diversity Jurisdiction; Amendment Permitted

16-CV-6243
District Judge Eric Vitaliano

U.S. District Court, Eastern District

Torrenegra v. Grameen America, Inc., 15-cv-3153

Partial Dismissal of Overtime Pay Claims Against Queens Micro-Lender Explained

15-cv-3153
Magistrate Judge Ramon Reyes

U.S. District Court, Eastern District

Jean Pierre v. N.Y. City Taxi and Limousine Commission, 17-CV-973

Taxi License Revocation Suit Dismissed; OATH Hearing, Article 78 Case Provide Adequate Process

17-CV-973
District Judge Margo Brodie

U.S. District Court, Southern District

Belesis v. Waksal, 15 Civ. 5048

Suit's Amendment to Assert Securities Fraud Arising From Two Contracts Denied as Futile

15 Civ. 5048
District Judge Paul Engelmayer

U.S. District Court, Western District

USA v. Nguyen, 13-CR-6044

Provider of Guns Used in Firefighters' 2012 Killings Denied §2255 Relief Vacating Sentence

13-CR-6044
District Judge David Larimer

U.S. District Court, Northern District

Sanderson v. First Liberty Ins. Corp., 8:16-CV-644

Insurer's Bid to Dismiss Suit as Untimely Under Policy's Two-Year Limitations Period Denied

8:16-CV-644
District Judge David Hurd

U.S. District Court, Eastern District

United States v. Martin Shkreli, 15-CR-637

Shkreli, Ex-Counsel to Get Separate Trials, US Judge Decides

15-CR-637 (KAM)
District Judge Kiyo Matsumoto

U.S. District Court, Western District

Bounkhoun v. Barnes, 15-CV-631A

15-CV-631A
Magistrate Judge Hugh Scott

U.S. District Court, Southern District

Dawkins v. Kirkpatrick, 09-cv-5756

Habeas Relief Denied; Witness Not Favorably Treated for Testimony Identifying Murderer

09-cv-5756
District Judge Loretta Preska

U.S. District Court, Southern District

Caires v. Federal Deposit Ins. Corp., 16-cv-02651

Suit for Declaration About 'Construction Loan' Dismissed; FIRREA Remedies Not Exhausted

16-cv-02651
District Judge John Koeltl

U.S. Court of Appeals, Second Circuit

Zarda v. Altitude Express, 15-3775

'Simonton' Ruling Entitles Employer to Judgment On Title VII Claim of Sexual Orientation Bias

15-3775
Before: Jacobs, Sack, and Lynch, C.JJ.

U.S. District Court, Western District

Clark v. USA, 11-CR-339

'Beckles' Decision Leads Court to Vacate Interlocutory Order Granting §2255 Relief

11-CR-339
District Judge Richard Arcara

U.S. District Court, Eastern District

U.S. ex rel. v. Astrazeneca Biopharmaceuticals, Inc., 14-1718

FCA's First-to-File Rule Bars 'Off-Label' Claim But Fraud Claim is Alleged in Qui Tam Action

14-1718
District Judge Frederic Block

U.S. Court of Appeals, Second Circuit

United States v. Joseph Jenkins, 14-4295-cr

Circuit Vacates Sentence in Child Pornography Case

14-4295-cr
Before: Kearse, Jacobs, and Parker, C.JJ.

U.S. District Court, Eastern District

Schine v. N.Y. State Office for People with Developmental Disabilities, 15-cv-5870

Agency's Alleged Failure to Remediate Living Situation Implicated ADA's Integration Mandate

15-cv-5870
District Judge Sandra Feuerstein

U.S. District Court, Southern District

Tchatat v. O'Hara, 14 Civ. 2385

Spoliation Sanctions for Officers' Failure To Preserve Arrest-Related Evidence Denied

14 Civ. 2385
Magistrate Judge Gabriel Gorenstein

U.S. District Court, Southern District

Separzadeh v. Iconix Brand Group, Inc., 15 Civ. 8643

Discovery Sanctions Are Denied, But Tardy Production of Sales Records Can Be Explored

15 Civ. 8643
Magistrate Judge James Francis

U.S. District Court, Western District

Parker v. Blackerby, 6:16-CV-06475

Only Defamation, Privacy Right Violation Claims Dismissed in In Forma Pauperis §1983 Action

6:16-CV-06475
District Judge Elizabeth Wolford

U.S. District Court, Western District

Gatson v. Donahoe, 15-CV-6220

Denial of Employment Discrimination Suit's Dismissal for Improper Service Is Explained

15-CV-6220
District Judge Charles Siragusa

U.S. District Court, Eastern District

T-Mobile Northeast LLC v. Water Auth. of Western Nassau County, 16-CV-6419

Wireless Service Provider Denied Preliminary Injunction; Irreparable Harm Not Shown

16-CV-6419
District Judge Denis Hurley

U.S. District Court, Southern District

Levy v. USA, 11 Cr. 62

'Pump and Dump' Perpetrator Denied §2255 Relief; Ineffective Counsel Claim Not Supported

11 Cr. 62
District Judge Paul A. Crotty

U.S. District Court, Northern District

Garvey v. Childtime Learning Center, 5:16-CV-1073

Title VII, ADEA Claims Dismissed; Gay Plaintiff Did Not Raise Plausible Gender Stereotype Claim

5:16-CV-1073
District Judge Thomas McAvoy

U.S. District Court, Northern District

Nationstar Mortgage LLC v. Mohr, 3:16-CV-0977

Citizenship, Affidavit Defects Noted in Denial Of Default Judgment to Foreclose on Mortgage

3:16-CV-0977
District Judge Lawrence Kahn

U.S. District Court, Northern District

Donohue v. Madison, 1:13-CV-918

Court Keeps Alive Union's Layoff Suit Against State

1:13-CV-918 (FJS/CFH)
Senior District Judge Frederick Scullin

U.S. District Court, Southern District

Sea Trade Maritime Corp. v. Coutsodontis, 09 Civ. 488

Time Constraints Imposed for Shares' Forfeiture Reasonable, in Court's Equitable Relief Authority

09 Civ. 488
District Judge Lorna Schofield

U.S. District Court, Southern District

Emerald Town Car of Pearl River, LLC v. Philadelphia Indemnity Ins. Co., 16 Civ. 1099

Claims Against Broker Dismissed but Breach, Negligence Claims Stated as Against Insurer

16 Civ. 1099
District Judge Nelson Roman

U.S. District Court, Southern District

Midwest Railcar Corp. v. Everest Railcar Services, Inc., 16 Civ. 604

Breach Claim Stated Over Alleged Repudiation Of Option to Renew Lease on, or Buy Railcars

16 Civ. 604
District Judge Alvin Hellerstein

U.S. District Court, Western District

Bounkhoun v. Barnes, 15-CV-631

Dismissal of Blinded Woman's Claim Under N.Y. Judiciary Law §487 Explained

15-CV-631
Magistrate Judge Hugh Scott

U.S. District Court, Eastern District

Reaves v. Supreme Court, 17 Civ. 1693

§1983 Claim Not Stated in Inmate's Suit Over Denial of Counsel for CPL §440.10 Challenge

17 Civ. 1693
District Judge Brian Cogan

U.S. District Court, Northern District

Finch v. Moore, 8:16-cv-00005

Former Inmate's Rights Action Against State Troopers Dismissed for Failure to Prosecute

8:16-cv-00005
District Judge Mae D'Agostino

U.S. District Court, Eastern District

Gustavia Home, LLC v. Perez, 16-CV-1011

Assignee Granted Summary Judgment on Unopposed Motion to Foreclose on Mortgage

16-CV-1011
District Judge I.Leo Glasser

U.S. Court of Appeals, Second Circuit

Brown Media v. K&L Gates, 15-4185-cv

Second Circuit Revives Fraud Suit Against K&L Gates, Ex-Partners

15-4185-cv
Before: Hall, Livingston, C.JJ., And Garaufis, D.J.*

U.S. District Court, Southern District

Boonmalert v. City of N.Y., 16 Civ. 4171

Age Bias, Retaliation Suit Dismissed; No Adverse Job Action Over Failure to Settle Grievance

16 Civ. 4171
District Judge Kimba Wood

U.S. District Court, Southern District

The Export-Import Bank of the Republic of China v. Central Bank of Liberia, 1:15-cv-09565

Liberian Bank Waived Sovereign Immunity When Executing Loan Pacts With Taiwan Bank

1:15-cv-09565
District Judge Andrew L. Carter

U.S. District Court, Southern District

Manhattan Review LLC v. Yun, 16 Civ. 0102

Lawsuit Should Be Dismissed as Estopped By July 2015 State Supreme Court Ruling

16 Civ. 0102
Magistrate Judge James Francis

U.S. Court of Appeals, Second Circuit

USA v. Yalincak, 11-5446(L)

2007 Order Granting Restitution Credits Was Final Order Court Lacked Authority to Vacate

11-5446(L)
Before: Calabresi, Raggi, and Lynch, C.JJ.

U.S. District Court, Southern District

Doe v. Kogut, 15-CV-07726

2016 Settlement Compact Enforced as Binding; Bulk of 'Winston' Factors Favored Settlement

15-CV-07726
Magistrate Judge Sarah Netburn

U.S. District Court, Eastern District

USA v. Robinson, 16-cr-545

Subpoenas Seeking Police Reports on Robberies Quashed as Bid to Circumvent Rule 16(a)(2)

16-cr-545
District Judge Arthur Spatt

U.S. District Court, Southern District

Barbarino v. USA, 15-cv-8387

Sentence Denied §2255 Relief; Strategic Decisions Did Not Render Counsel's Assistance Ineffective

15-cv-8387
District Judge Thomas Griesa

U.S. District Court, Eastern District

Moza v. N.Y. City Health and Hospitals Corp., 15-CV-0051

Nondiscriminatory Reason Behind Firing Not Shown To Be a Pretext for Animus

15-CV-0051
District Judge I. Leo Glasser

U.S. District Court, Southern District

Securities and Exchange Commission v. Hansen, 13-CV-1403

Defunct Firm's Owner Liable for $1.87 Million In Disgorgement, Interest in SEC Fraud Action

13-CV-1403
District Judge Vernon Broderick

U.S. District Court, Southern District

TY Rayner v. E*Trade Financial Corp., 16-cv-7129

SLUSA Prevents Claims E*Trade Violated Fiduciary Duty in Routing Trade Orders for Execution

16-cv-7129
District Judge John Koeltl

U.S. District Court, Western District

Amos v. Biogen Idec Inc., 13-CV-6375

Drug's Label Adequately Warned of Incurable, Fatal Brain Infection Associated With Its Use

13-CV-6375
District Judge Michael Telesca

U.S. District Court, Western District

Edelmann v. Keuka College, 16-CV-6293

FLSA, NYLL Wage Claims Stated; Allegations Infer Work Exceeding 40 Hours Per Week

16-CV-6293
District Judge Frank Geraci

U.S. District Court, Southern District

Mei Xing Yu v. Hasaki, 16-CV-6094

NY Judge Blocks 'End Run' Around Settlement Scrutiny in Labor Suits

16-CV-6094 (JMF)
District Judge Jesse Furman

U.S. Bankruptcy Court, Southern District

In re: Liu J. Kim, 11-15842

Chapter 7 Case Reopened But Surplus Funds' Distribution Not Determined

11-15842
Bankruptcy Judge Martin Glenn

U.S. District Court, Southern District

Leibovitz v. The City of N.Y., 14 Civ. 3297

Court Orders' Disobedience Warrants Claims' Dismissal as Sanction Under FRCP 37(b)(2)(A)

14 Civ. 3297
Magistrate Judge James Francis

U.S. District Court, Southern District

Khankhanian v. Khanian, 16 Civ. 8396

Action for Fiduciary Duty Breach, Conversion Not Dismissed But Is Transferred to California

16 Civ. 8396
District Judge John Keenan

U.S. District Court, Southern District

Nath v. Select Portfolio Servicing, Inc., 15-CV-3694

Bankruptcy Court's Orders Affirmed; Chapter 7 Petition Filed to Attack Foreclosure Judgment

15-CV-3694
District Judge Keneth Karas

U.S. District Court, Southern District

GeBBS Healthcare Solutions, Inc. v. Orion Healthcorp, Inc., 1:16-cv-2206

Fraud Counterclaim Dismissed but Breach Counterclaim Survives in Outsourcing Case

1:16-cv-2206
District Judge Gregory Woods

U.S. District Court, Southern District

Securities and Exchange Commission v. Hansen, 13-CV-1403

Criminal Convictions, Administrative Proceeding Estop Denial of SEC's Claims in Fraud Action

13-CV-1403
District Judge Vernon Broderick

U.S. District Court, Western District

USA v. Lee, 16-CR-20-A

Indictment Counts Properly Joined, Little Risk Of Prejudice by Joint Trial; Severance Denied

16-CR-20-A
District Judge Richard Arcara

U.S. District Court, Northern District

Stanford v. Griffin, 9:16-CV-1160

Court Explains Stay of 'Mixed' Habeas Petition While Claims Are Exhausted in State Court

9:16-CV-1160
District Judge Thomas McAvoy

U.S. District Court, Eastern District

Palmiotti v. Jaf Carrier L.L.C., 15-CV-2365

Added Defendant's Citizenship for Diversity Purposes Is N.Y., Delaware; Action Remanded

15-CV-2365
District Judge Denis Hurley

U.S. District Court, Southern District

USA v. Thiam, 17cr047

Indictment Not Dismissed; Motions to Suspend Statute of Limitations Satisfied 18 USC §3292

17cr047
District Judge Denise Cote

U.S. District Court, Western District

Baker v. Goldberg Segalla LLP, 16-CV-613

FMLA Interference, Retaliation Claims Dismissed; 45 Week Absence Exceeded FMLA Leave

16-CV-613
District Judge Frank Geraci

U.S. District Court, Eastern District

Gunderson Amazing Fireworks, LLC v. Merrick Bank, 12-CV-3869

Joinder Motion's Denial Explained; Three-Year Delay in Seeking Joinder Inadequately Explained

12-CV-3869
District Judge Joanna Seybert

U.S. Bankruptcy Court, Southern District

In re Onewoo Corporation, and V.J.One Corporation, Plaintiffs v. Hampshire Brands, Inc., Hampshire Group, Limited, Paul Buxbaum and William Drozdowski, Defendants, 17-01008

Court Explains Why Fraud, Breach Action Cannot Be Remanded to District Court or Transferred to Delaware Bankruptcy Court

17-01008
Bankruptcy Judge Michael Wiles

U.S. District Court, Eastern District

Dafeng Hengwei Textile Co., Ltd. v. Aceco Industrial & Commercial Corp., 13-CV-5829

Plaintiff May Pierce Corporate Veil Where Individuals Totally Dominated Corporation

13-CV-5829
Magistrate Judge Peggy Kuo

U.S. District Court, Eastern District

Cohen v. G&M Realty L.P., 13-CV-05612

Plaintiff Artists' Conversion and Property Damage Claims Are Fully Preempted

13-CV-05612
District Judge Frederic Block

U.S. District Court, Southern District

Cartright v. Lodge, 15-CV-9939

Economic, Emotional, and Punitive Damages Awarded in Tortious Conduct Case

15-CV-9939
District Judge Kimba M. Wood

U.S. District Court, Western District

Acquisto v. The Manitowoc Co., Inc., 11-CV-803

Plaintiff Fails to Show That Anyone Else Has Been Injured Due to Ice Dispenser's Clogging

11-CV-803
District Judge Lawrence Vilardo

U.S. District Court, Eastern District

Allstate Indemnity Co. v. Collura, 15-CV-5047

Court Grants Default Judgment Against Home Loan Defendants in Interpleader Action

15-CV-5047
District Judge Joanna Seybert

U.S. Court of Appeals, Second Circuit

United Sates v. Allstate Insurance, 16-705

Appeals Court Upholds Dismissal of Suit by Lawyer Who Acted in Bad Faith

16-705
Before: Katzmann, C.J., Pooler and Lynch, C.JJ.

U.S. District Court, Southern District

Hoti Enterprises, L.P. v. Rattet, 16 CV 2538

Debtor's Claims Fell Within Confirmed Plan's Non-Avoidance Causes Assigned to GECMC

16 CV 2538
District Judge Vincent Briccetti

U.S. District Court, Southern District

Grant v. The American Society, 16 Civ. 2765

Claim Not Stated in Rights Suit Over Pets' Seizure Under Warrant by ASPCA, NYPD

16 Civ. 2765
District Judge Edgardo Ramos

U.S. District Court, Southern District

Mendelka v. Penson Financial Services, Inc., 16-cv-7393

FINRA Award Confirmed; Explanation Request Not Sought Until After the Close of Evidence

16-cv-7393
District Judge P. Kevin Castel

U.S. District Court, Eastern District

Saveria JFK, Inc. v. Wien, 15-CV-6195

Defendant Did Not Show Complaint Did Not Assert Claim Individually; Suit Remanded

15-CV-6195
District Judge Roslynn Mauskopf

U.S. District Court, Southern District

Global Packaging Services, LLC v. Global Printing and Packaging, 15-CV-7747

Dismissal of Tortious Interference Claims Explained; Wrongful Means Not Alleged

15-CV-7747
District Judge Nelson Roman

U.S. District Court, Southern District

Cohen v. Schroeder, 15 Civ. 6881

Abuse of Corporate Form Did Not Cause 'Injustice' Meriting Veil Piercing in Action

15 Civ. 6881
District Judge Richard Sullivan

U.S. District Court, Southern District

USA v. N.Y. City Dept. of Education, 16 Civ. 4291

Complaint Cannot Be Amended to Show Notice of Claim Requirement Satisfied

16 Civ. 4291
Magistrate Judge James Francis

U.S. District Court, Southern District

Chelsea Grand, LLC v. Interstate Hotels & Resorts, Inc., 09 Civ. 924

When Entering 2003 Pact Hotel Took Agent As Found, With Prior Relationship to Union

09 Civ. 924
District Judge Paul Crotty

U.S. District Court, Northern District

Williams v. Coca Cola Co., 8:15-CV-1534

State Inmate's Claims Over Aspartame In Diet Coke Only Partly Dismissed

8:15-CV-1534
District Judge Lawrence Kahn

U.S. District Court, Southern District

Ulloa v. Takata Corp., 16 Civ. 6225

More Definite Statement Required on Surviving Claims in Lawsuit Asserting Defective Airbag

16 Civ. 6225
District Judge Kimba Wood

U.S. District Court, Western District

Batt v. Buccilli, 12-CV-1198

Officer's Welfare-Check on Elderly Man Is Shielded by Immunity, Court Says

12-CV-1198-FPG
District Judge Frank Geraci

U.S. District Court, Southern District

Cohen v. Schroeder, 15 Civ. 6881

Lawyer Wins Skirmish in War Over Pinterest Concept

15 Civ. 6881
District Judge Richard Sullivan

U.S. District Court, Southern District

Wilkov v. Ameriprise Financial Services, Inc., 15 CV 7937

Breach, Fraud Claims' Dismissed as Untimely; Guilty Plea Bars Prosecutorial Misconduct Claim

15 CV 7937
District Judge Laura Taylor Swain

U.S. District Court, Southern District

Rubenstein v. vTv Therapeutics, Inc., 15-CV-9752

Transfer Subject to 2014 Agreement Not 'Sale' For Purposes of Suit for Short-Swing Profits

15-CV-9752
District Judge Vernon Broderick

U.S. Court of Appeals, Second Circuit

Tru-Art Sign Co., Inc. v. Local 137 Sheet Metal Workers International Assoc., 15-3415-cv

Motion for Prejudgment Interest, Grounded On Aug. 27, 2013, Judgment Is Untimely

15-3415-cv
Before: Walker and Cabranes, C.JJ., and Berman, D.J.*

U.S. District Court, Western District

Sanders v. Officer Coughlin, 11-CV-441

'Terry' Stop Based on Suspicion of Criminal Conduct, Armed Perpetrator Was Reasonable

11-CV-441
District Judge William Skretny

U.S. District Court, Eastern District

Simon v. City of N.Y., 09-CV-1302

Prosecutor, Investigating Officers Lacked 'Fair Warning' Conduct Was Unconstitutional

09-CV-1302
District Judge Eric Vitaliano

U.S. District Court, Eastern District

Elkind v. Revlon, 14-CV-2484

14-CV-2484(JS)(AKT)
District Judge Joanna Seybert

U.S. District Court, Southern District

NYPL v. JPMorgan Chase & Co., 15 Civ. 9300

Antitrust Standing Lacking; Any Injury Suffered Was in Market Separate From That Manipulated

15 Civ. 9300
District Judge Lorna Schofield

U.S. District Court, Southern District

Jackson v. USA, 16-cv-0432

Escape Conviction 'Violent Felony' Only Under ACCA's Vague Residual Clause; Sentence Vacated

16-cv-0432
District Judge Lewis Kaplan

U.S. District Court, Southern District

Bakken Resources, Inc. v. Edington, 15-cv-08686

Effort to Disqualify Lawyer Under 'Successive Representation', 'Witness-Advocate' Rules Denied

15-cv-08686
District Judge Andrew L. Carter, Jr.

U.S. District Court, Western District

UP State Tower Co., LLC v. The Town of Kiantone, 1:16-cv-00069

Reconsideration, Judgment Denied in Action Over Town's Denial of Cell Tower Application

1:16-cv-00069
District Judge Michael Telesca

U.S. District Court, Northern District

Ditech Financial LLC v. Frantz, 5:16-cv-00146

Defective Notice of Pendency Leads to Denial Of Default Judgment in Foreclosure Action

5:16-cv-00146
District Judge Mae D'Agostino

U.S. Court of Appeals, Second Circuit

Carlin v. Davidson Fink, 15-3105-cv

Second Circuit Clarifies Trigger for Revealing Debt Amounts

15-3105-cv
Before: Pooler, Parker, and Livingston, C.JJ.

U.S. District Court, Southern District

Thrivent Financial for Lutherans v. Bibow, 16cv5137

Arbitral Award Confirmed; Award Consistent With Expungement of Form's Reason for Firing

16cv5137
District Judge William Pauley

U.S. District Court, Southern District

The State of N.Y. v. Spherion Corp., 15 Civ. 6605

Qui Tam Claims Dismissed, Pact's Settlement Not Alternate Remedy; Relator's Award Denied

15 Civ. 6605
District Judge John Keenan

U.S. District Court, Southern District

USA v. Troper, 09-cr-0057

Outstanding Restitution Must Be Paid in Full; Economic Condition Affecting Payment Changed

09-cr-0057
District Judge Lewis Kaplan

U.S. District Court, Southern District

Toombs v. N.Y. City Housing Authority, 16-CV-3352

Civil Rights Suit Against NYCHA Partly Dismissed; ADA Associational Bias Claim Not Plausible

16-CV-3352
District Judge Laura Taylor Swain

U.S. District Court, Southern District

Cal Dive Offshore Contractors, Inc. v. M/V Sampson, 15-CV-2788

In Personam Claims Fail in Charter Breach Suit; 2013 Pact Governed Relationship as to Crew

15-CV-2788
District Judge J. Paul Oetken

U.S. District Court, Southern District

New York State v. Spherion, 15 Civ. 6605

Fired Engineer Denied Whistleblowing Fee in CityTime Scandal

15 Civ. 6605 (JFK)
District Judge John Keenan

U.S. District Court, Western District

Eisen v. Venulum, 1:16-CV-00461

Compelling Arbitration Abroad in Securities Case Is Ruled 'Unconscionable'

1:16-CV-00461 EAW
District Judge Elizabeth Wolford

U.S. District Court, Southern District

Motorola Solutions, Inc. v. Xerox Business Solutions, LLC, 14 CV 00206

Bulk of Claims in Breach Action Survive Dismissal; Affirmative Defenses Unavailable

14 CV 00206
District Judge Laura Taylor Swain

U.S. District Court, Southern District

Sullivan v. Ruvoldt, 16 Civ. 583

Diversity Jurisdiction Lacking in Former Law Partner's Suit Over Commingled, Stolen Funds

16 Civ. 583
District Judge Edgardo Ramos

U.S. District Court, Southern District

Horizon Comics Productions, Inc. v. Marvel Entertainment, LLC, 16-CV-2499

Infringement Claim Survives; Comic Art, Film Poster Have Similar Total Concept, Feel

16-CV-2499
District Judge J. Paul Oetken

U.S. District Court, Eastern District

Super Express USA Publishing Corp. v. Spring Publishing Corp., 13-cv-2814

New York Publisher's Claim Copying of Polish News Articles Not Misappropriation Is Rejected

13-cv-2814
District Judge Dora Irizarry.

U.S. District Court, Eastern District

Trisvan v. Heyman, 16-CV-84

Court Explains Dismissal of Claims Arising From Ailments Attributed to Medications' Use

16-CV-84
District Judge Margo Brodie

U.S. District Court, Southern District

Securities and Exchange Commission v. Wey, 15-cv-7116 (PKC)

Ex-Big Law Partner Still Angry After SEC Fraud Claims Tossed

15-cv-7116 (PKC)
District Judge P. Kevin Castel

U.S. District Court, Southern District

City Club of New York v. United States Army Corps of Engineers, 16 Civ. 3934

Moguls' Plan to Build Park on Hudson Pier Dealt Setback in Court

16 Civ. 3934 (LGS)
District Judge Lorna G. Schofield

U.S. District Court, Southern District

State Farm Fire & Casualty Co. v. Swizz Style, Inc., 15 Civ. 9432

Air Purifier's Swiss Designer Had Sufficient Contacts With N.Y. for Long-Arm Jurisdiction

15 Civ. 9432
District Judge Nelson Roman

U.S. District Court, Southern District

Kelly v. Starwood Hotels & Resorts Worldwide, Inc., 15cv6309

Shift Accommodations to Hotel's Service Agent 'Plainly Reasonable'; ADA Suit Dismissed

15cv6309
District Judge Denise Cote

U.S. Court of Appeals, Second Circuit

Minda v. USA, 15-3964

Taxpayer Is Entitled to $1,000 for 'Each Act' Of Disclosure, Not for Each Item Disclosed

15-3964
Before: Livingston, Chin, and Carney, C.JJ.

U.S. District Court, Western District

Buczek v. Keybank National, 15-CV-651

TILA Claims Barred by Statute of Repose; 'Younger' Doctrine Bars Foreclosure Relief

15-CV-651
District Judge William Skretny

U.S. District Court, Southern District

Thomas v. Shiloh Industries, Inc., 15-cv-7449

Securities Fraud Suit Dismissed for Failure To State Facts Giving Rise to Scienter

15-cv-7449
District Judge Kimba Wood

U.S. District Court, Southern District

New York State v. United Parcel Service, 15-cv-1136

UPS Liable for Penalties Over Untaxed Cigarettes

15-cv-1136 (KBF)
District Judge Katherine Forrest

U.S. Court of Appeals, Second Circuit

Anonymous v. Omnicom Group, 16-748

Discrimination Claim Based on Gender Stereotypes Is Revived

16-748
Before: Robert A. Katzmann, Ch.J., Debra Ann Livingston, C.J., and Margo K. Brodie, D.J.*

U.S. Court of Appeals, Second Circuit

Antonio Paul Marin-Marin, Petitioner v. Jefferson B. Sessions III, United States Attorney General, Respondent, 15-2074

Because Removal Is Not Punitive, Neither Fifth Amendment's Due Process Clause Nor Eighth Amendment's Prohibition Against Cruel, Unusual Punishment Require Consideration and Balancing of the Proportionality of Removal Against the Grounds for Removability

15-2074
Before: Hall, Livingston, C.JJ., Garaufis,* D.J.

U.S. District Court, Southern District

Doe v. Quest Diagnositcs, Inc., 15 Civ. 8992

Claims Based on Fax Sent to Wrong Number Dismissed for Lack of Article III Standing

15 Civ. 8992
District Judge Lorna Schofield

U.S. District Court, Southern District

Esrey v. USA, 16-CV-3019

Exception to FTCA's Immunity Waiver Bars Complaint Asserting Concealment of Facts

16-CV-3019
District Judge J. Paul Oetken

U.S. District Court, Eastern District

USA v. Vertuccio, 15-cr-174

Severance Motions' Denial Explained; Only Acquittal Meets Condition for Defense Testimony

15-cr-174
District Judge Eric Vitaliano

U.S. District Court, Eastern District

Dani's Windows & Glass, Inc. v. The Fidelity, 14-CV-368

Glazier Wins Judgment as to Liability, Damages Over Insurer's Nonpayment on Library Project

14-CV-368
District Judge Dora Irizarry

U.S. District Court, Western District

Jesse Reidy, Petitioner v. United States of America, Respondent, 14-CV-1013S

60-Month Sentence Vacated for Re-Sentencing De Novo; Based on Competing Affidavits and Counsel's Lack of Specific Detail She Informed Petitioner of Appeal Deadline, Court Could Not Find by 'Clear and Convincing Evidence' That Petitioner Knew of His Right to Appeal

14-CV-1013S
District Judge William Skretny

U.S. District Court, Southern District

The Wave Studio, LLC v. General Hotel Management Ltd., 13-CV-9239

Copyright Infringement Action Dismissed; Singapore Is Adequate Alternative Forum

13-CV-9239
District Judge Cathy Seibel

U.S. District Court, Southern District

Royal Park Investments SA/NA v. HSBC Bank USA NA., 14-CV-08175

Sample of Loans May Not Be Re-Underwritten To Establish Breach, Demonstrate Liability

14-CV-08175
Magistrate Judge Sarah Netburn

U.S. Court of Appeals, Second Circuit

USA v. Bodouva, 16-3937

District Court Lacked Discretion to Reduce Forfeiture Order by Amount of Restitution

16-3937
Before: Katzmann, Ch.J., Pooler and Lynch, C.JJ.

U.S. Court of Appeals, Second Circuit

USA v. Schaffer, 15-2516-cr,

FRE 413 Mitigates Prejudice From Admission Of Propensity Evidence in Sexual Assault Cases

15-2516-cr
Before: Walker, Cabranes, C.JJ, and Berman, J.*

U.S. District Court, Southern District

USA v. Barnwell, 15 Cr. 620

Court Rules on Parties' In Limine Motions In Prosecution Over False Tax Returns

15 Cr. 620
District Judge Nelson Roman

U.S. District Court, Eastern District

Alam v. American Airlines Group, Inc., 16-CV-00251

Race Bias Claims Against Airline Precluded By Montreal Convention, Foreclosed by 'King'

16-CV-00251
District Judge Dora Irizarry

U.S. District Court, Southern District

Icahn School of Medicine at Mount Sinai v. Neurocrine Biosciences, Inc., 15 Civ. 9414

Medical School Cannot Seek Royalties for Drug's Sale, Can Only Seek Damages at 2010 Breach

15 Civ. 9414
District Judge Robert Sweet

U.S. District Court, Southern District

Tomaselli v. Zimmer, Inc., 14-CV-4474

Surgeon's Knowledge of Risk Device's Cable Might Break 'Intervening Event' in Causation

14-CV-4474
District Judge Ronnie Abrams

U.S. District Court, Western District

Genworth Life Ins. Co v. Dwaileebe, 6:12-cv-06330

Incapacitated Man's 2012 Disclaimer Reducing Death Benefits Revoked, Deemed Null and Void

6:12-cv-06330
District Judge Michael Telesca

U.S. District Court, Northern District

Robbins v. New York Corn & Soybean Growers Assoc., Inc., 7:15-cv-973

Nonprofit Soybean Growers Group Not 'Agency' Under APA, Is Not Subject to FOIA Disclosures

7:15-cv-973
District Judge Gary Sharpe

U.S. District Court, Eastern District

Meyer v. McDonald, 15-CV-1496

Judge Rules Favoring Board-Certified Doctors Is Not Discriminatory

15-CV-1496
District Judge Jack Weinstein

U.S. District Court, Southern District

Charisma World Wide Corp., S.A. v. Avon Products Inc., 16 Civ. 2739

'Substantial Effect on U.S. Commerce' Pleaded By Claim U.S. Firms Lost Contracts by Infringement

16 Civ. 2739
District Judge Paul Gardephe

U.S. District Court, Southern District

Al Maya Trading Establishment v. Global Export Marketing Co., Ltd., 16-CV-2140

Modified Arbitral Award Confirmed; Panel's Ruling Did Not Deprive Party of Critical Evidence

16-CV-2140
District Judge Ronnie Abrams

U.S. District Court, Southern District

USA v. Daugerdas, 09 Cr. 581

Government's Interest in Forfeited Funds Vested In 1994, Before Wife's Interest in Accounts Did

09 Cr. 581
District Judge William Pauley

U.S. District Court, Southern District

Forde v. Hornblower New York, LLC, 16-cv-4028

'Booze Cruise' Dram Shop Case Remanded; Court Finds It Lacks Admiralty Jurisdiction

16-cv-4028
District Judge Alison Nathan

U.S. Court of Appeals, Second Circuit

Stevens v. Rite Aid, 15-277

Firing of Needle-Averse Pharmacist Not Wrongful, Circuit Rules

15-277(L),
Before: Newman, Lynch, and Droney, C.JJ.

U.S. District Court, Southern District

United States v. Paul Daugerdas, 09 Cr. 581

Judge Rejects Wife's Request for $32M Recovery of Husband's Forfeiture

09 Cr. 581 (WHP)
District Judge William Pauley III

U.S. District Court, Southern District

Fox v. The International Conference of Funeral Service Examining Boards, 15-CV-3905

Funeral Director Exam Overseer Not State Actor Under Public Function or Joint Action Tests

15-CV-3905
District Judge Kenneth Karas

U.S. Court of Appeals, Second Circuit

Gil v. Sessions, 15-3134-ag

Alien Is Not Legitimated Child Under INA §101(c)(1) for Derivative Citizenship

15-3134-ag
Before: Walker, Hall, and Chin, C.JJ.

U.S. District Court, Eastern District

Public Free Will Corp. v. Verizon Communications Inc., 15-CV-6354

Nonprofit's Service Marks Not Shown Used Commercially For Services It Intended to Offer

15-CV-6354
District Judge Roslynn Mauskopf

U.S. District Court, Eastern District

Packer v. Raging Capital Management, LLC, CV 15-5933

Short-Swing Profits Action Denied Dismissal Under Registered Investment Adviser Exemption

CV 15-5933
Magistrate Judge Gary Brown

U.S. District Court, Southern District

MFW Associates, LLC v. Plausteiner, 15 Civ. 2513

Fraudulent Inducement Counterclaim's Dismissal in Action Over Debt Explained

15 Civ. 2513
District Judge Paul Engelmayer

U.S. District Court, Southern District

Hansen v. Wwebnet, Inc., 1:14-cv-2263

Prosecution for Tax Evasion 'Real Danger' Warranting Fifth Amendment's Invocation

1:14-cv-2263
District Judge Andrew L. Carter, Jr.

U.S. District Court, Southern District

Davidson v. AMR Corp, 16-CV-1970

Pilot's Proof of Claim Against Airline's Parent Properly Expunged as Bid to Avoid FL Judgment

16-CV-1970
District Judge Valerie Caproni

U.S. District Court, Southern District

Perez v. Terrestar Corporation, 16 Civ. 1421

Denial of Reconsideration of Order Dismissing SAC Denied Appeal; Fraud Inadequately Alleged

16 Civ. 1421
District Judge Edgardo Ramos

U.S. District Court, Eastern District

Uwakwe v. Bridging Access to Care, Inc., 15-CV-06703

Title VII Retaliation Claim Survives Dismissal; Other Claims Untimely, Insufficiently Pleaded

15-CV-06703
District Judge Dora Irizarry

U.S. Court of Appeals, Second Circuit

Joseph Umbach, Plaintiff-Appellee v. Carrington Investment Partners (US), LP, Carrington Capital Management, LLC, and Bruce Rose, Defendants-Appellants, 15-1285-cv

No Error in Courts Ruling on Liability for Limited Partnership Agreement's Breach, But Fact Issues Must Be Tried as to Calculation of $1.33 Million in Damages

15-1285-cv
Before: Kearse, Cabranes, and Chin, C.JJ.

U.S. District Court, Southern District

NMD Interactive, Inc. v. Chertok, 11-cv-6011

Reconsideration of Order Denying Claim Counsel Defrauded the Court Is Denied

11-cv-6011
District Judge Richard Sullivan

U.S. District Court, Southern District

Wexler v. Allegion (UK) Ltd., 16 Civ. 2252

Defamation Claim Survives in Suit Arising From Acquisition; Age Bias Claims May Be Repleaded

16 Civ. 2252
District Judge Edgardo Ramos

U.S. District Court, Southern District

Thomas v. West, 14 CV 4459

Wheelchair User's ADA Claims Over Access To Store's Landing, Mezzanine Levels Survive

14 CV 4459
District Judge Laura Taylor Swain

U.S. District Court, Eastern District

US v. Guida, 10-cv-4644

Reduced Fees, Costs Awarded Relator for FCA Qui Tam Action, Fee Application Are Explained

10-cv-4644
District Judge Joseph Bianco

U.S. District Court, Western District

Kraatz v. USAA Insurance, 16-CV-00103

Judge: Homeowner Can Sue Insurer USAA on Fraud Claim

16-CV-00103-FPG
Chief Judge Frank Geraci

U.S. District Court, Eastern District

Osekavage v. Mergenthaler, 15-CV-2034

Appellant Granted 30 Days to File Brief In Effort to Reopen Bankruptcy Appeal

15-CV-2034
Distirct Judge Joanna Seybert

U.S. District Court, Eastern District

Avail Holding LLC v. Ramos, 15-CV-7068

Despite State's Foreclosure Action Protections Abstention From Diversity Jurisdiction Not Required

15-CV-7068
District Judge Nicholas Garaufis

U.S. District Court, Eastern District

Fox v. Costco Wholesale Corp., 2:15-cv-0439

Prima Facie Case of Disability Discrimination, Retaliation Not Made; ADA Action Dismissed

2:15-cv-0439
District Judge Denis Hurley

U.S. District Court, Western District

USA v. Tarbell, 16-CR-072

Motion in Limine on CCTA's Scienter Element Granted in Prosecution Over Untaxed Cigarettes

16-CR-072
District Judge Richard Arcara

U.S. District Court, Northern District

Kelly v. Kingston City School Dist., Inc., 1:16-CV-00764

ADA, ADEA Suit Dismissed; No Showing Job Was Denied Due to Disability, Age

1:16-CV-00764
District Judge Mae D'Agostino

U.S. District Court, Northern District

Wright v. Department of Corrections and Community Supervision, 9:13-CV-0564

State Ordered to Provide Disabled Inmate with Motorized Wheelchair

9:13-CV-0564 (MAD/ATB)
District Judge Mae A. D'Agostino

U.S. District Court, Southern District

Loreley Financing (Jersey) No. 3 Ltd. v. Wells Fargo Securities, LLC, 12-cv-3723

Dismissal, Summary Judgment Denied in Third-Party Suit Arising From CDOs' Default

12-cv-3723
District Judge Richard Sullivan

U.S. District Court, Southern District

Shimanova v. Theracare of N.Y., Inc., 15 Civ. 6250

Discrimination Under Title VII, NYSHRL Not Shown; Plaintiff Not Entitled to FMLA Leave

15 Civ. 6250
District Judge Lorna Schfield

U.S. Court of Appeals, Second Circuit

Geismann v. ZocDoc, Incorporated, 14-3708

'Campbell-Ewald' Leads to Vacatur of Ruling Rule 68 Offer's Rejection Mooted TCPA Claim

14-3708
Before: Sack, Hall, and Carney, C.JJ.

U.S. District Court, Eastern District

Locurto v. USA, 10-CV-4589

'Internal Documents' on Plea Offer Need Not Be Disclosed; Work-Product Privilege Not Waived

10-CV-4589
District Judge Nicholas Garaufis

U.S. District Court, Western District

Freeman v. Rochester Psychiatric Center, 12-CV-6045

Supplemental Interrogatory Responses Needed; Deadline to Amend Complaint Not Extended

12-CV-6045
Magistrate Judge Marian Payson

U.S. District Court, Eastern District

Anthony Nastasi, Nastasi & Assoc., Inc. v. Lari, 15-CV-06066

Court Lacks Jurisdiction Over Defendant's Florida-Resident Parents; Amendment Futile

15-CV-06066
Magistrate Judge Steven Locke

U.S. District Court, Southern District

Chang v. Pfizer, Inc., 15-CV-8994

Breach Suit Dismissed Under ERISA to Extent Benefits, Damages Sought Under LTD Plan

15-CV-8994
District Judge Kenneth Karas

U.S. Court of Appeals, Second Circuit

USA v. Johnson, 15-3498-cr

Convictions, Life Sentence Vacated; Guilty Plea Was Not Knowingly, Voluntarily Entered Into

15-3498-cr
Before: Jacobs, Cabranes, and Parker, C.JJ.

U.S. District Court, Northern District

Martin v. Hellmich, 6:15-CV-0154

Copyright Suit Deemed Res Judicata by California Federal Action Confirming Arbitral Awards

6:15-CV-0154
District Judge Glenn Suddaby

U.S. District Court, Northern District

U.S. Bank Trust, N.A. v. Monroe, 1:15-CV-1480

Bank's Citizenship Alone Not Shown Sufficient For Jurisdiction When Suing on Trust's Behalf

1:15-CV-1480
District Judge Lawrence Kahn

U.S. District Court, Eastern District

Thomas Gesualdi, Louis Bisignano, Anthony D'Aquila, Michael O'Toole, Benny Umbra, Joseph A. Ferrara, Sr., Frank H. Finkel, Marc Herbst, Denise Richardson, and Thomas F. Corbett, as Trustees and fiduciaries of the Local 282 Pension Fund, Plaintiffs v. Scara-Mix, Inc., Defendant, 14-CV-0765

Company Must Make Accelerated Payment of Entire $3.677 Million Liability for Withdrawal From Union's Pension Fund, Subject to Arbitrator's Final Determination

14-CV-0765
District Judge Joanna Seybert

U.S. District Court, Eastern District

Conte v. County of Nassau, 06-CV-4746

Rule 50(b) JMOL Motion Denied; Immunity, Trial Evidence Sufficiency Claims Were Waived

06-CV-4746
District Judge1 Joseph Bianco

U.S. District Court, Eastern District

Fujifilm North America Corp. v. Geleshmall Enterprises LLC, 16 Civ. 5677

Breach Counterclaims Must Be Arbitrated; 'Gray Market' Claims Outside Arbitration Clause

16 Civ. 5677
District Judge Brian Cogan

U.S. District Court, Western District

Kraatz v. USAA Casualty Ins. Co., 16-CV-00103

Fraud Pleaded in Suit Over Coverage Denial Where Home Damaged in Nov. 2014 Snow Storm

16-CV-00103
District Judge Frank Geraci

U.S. District Court, Southern District

Park v. FDM Group (Holdings) PLC, 16 CV 1520

Wage Claims Dismissed; Not 'Employee' During Training Period, Termination Fee Not Kick-Back

16 CV 1520
District Judge Laura Taylor Swain

U.S. District Court, Southern District

Olivier v. County of Rockland, 15-CV-8337

Title VII Discrimination Claims Predating Jan. 21, 2014, Time Barred by EEOC Limitation

15-CV-8337
District Judge Kenneth Karas

U.S. District Court, Eastern District

Collins v. Palmolive, 16-CV-3366

Worker May Amend ADEA, Title VII Complaint Against Employer; Manager Dismissed From Suit

16-CV-3366
District Judge Roslynn Mauskopf

U.S. District Court, Southern District

Agerbrink v. Model Service LLC, 14 Civ. 7841

Disclosure of Tax Returns Denied in Models' FLSA 'Misclassification' Collective Action

14 Civ. 7841
Magistrate Judge James Francis

U.S. District Court, Western District

Jennings v. Continental Service Group, Inc., 1:15-CV-00575

FDCPA Claims Dismissed But TCPA Claim Stated Over Debt Collector's Automated Calls, Messages

1:15-CV-00575
District Judge Elizabeth Wolford

U.S. District Court, Northern District

Tanner v. Heath Graphics LLC, 1:15-CV-0098

Court Lacks Jurisdiction Over Press Machine's German Maker in Suit Over Workplace Injury

1:15-CV-0098
District Judge Lawrence Kahn

U.S. District Court, Eastern District

Dhinsa v. Krueger, 12-cv-4176

Denial of Habeas Relief From Life Sentences For Obstruction of Justice Murders Explained

12-cv-4176
District Judge Edward Korman

U.S. Court of Appeals, Second Circuit

Linares-Urrutia v. Sessions, 14-4419-cv

BIA Must Decide if Asylum Applicant's 2012 Return From Canada Was 'Last Arrival' in U.S.

14-4419-cv
Before: Jacobs, Sack, and Carney, C.JJ.

U.S. District Court, Southern District

Gordon v. The City of NY, 14 Civ. 6115

Law Department Employee May Amend Bias Complaint to Plead City's Breach of FMLA

14 Civ. 6115
Judge James C. Francis IV

U.S. District Court, Southern District

Rapay v. Chernov, 16cv4910

Oral Contract Not Void Under Statute of Frauds; Breach Claim Dismissed for Indefinite Price Terms

16cv4910
District Judge Denise Cote

U.S. District Court, Eastern District

Bubble Genius LLC v. Smith, 15-CV-05369

Novelty Soap Maker's Trade Dress Infringement Action Dismissed for Failure to State Claim

15-CV-05369
District Judge Kiyo Matsumoto

U.S. District Court, Eastern District

Myhood Ian Tait, Plaintiff v. Angella Hopal Powell, Defendant Attorney General Loretta E. Lynch, Respondent Children's Law Center, Intervenor, 16-cv-06377

Federal Lawsuit Advancing Contract Breach, Other Causes of Action in Bid to Escape Adverse Family Court Rulings Dismissed; Regardless of Label, if Action's Object Is to Obtain Custody of Children Claims Fall Within Domestic Relations Exception to Federal Subject Matter Jurisdiction.

16-cv-06377
District Judge Eric Vitaliano

U.S. Court of Appeals, Second Circuit

United States v. Christopher Finazzo, 14-3213-cr

2nd Circuit Orders New Look at $13.7M Restitution in Aeropostale Fraud

14-3213-cr(L)
Before: Sack, Chin, and Droney, C.JJ.

U.S. District Court, Eastern District

Gushlak v. USA, 16-CV-2713

Ineffective Counsel Claim Rejected in Denial Of Coram Nobis Relief Vacating Restitution

16-CV-2713
District Judge Nicholas G. Garaufis

U.S. District Court, Southern District

Rightnour v. Tiffany and Co, 16-cv-3527

Arbitration of Religious Discrimination Suit Denied; Intent to Be Bound Not Demonstrated

16-cv-3527
District Judge John Koeltl

U.S. District Court, Southern District

Hamlen v. Gateway Energy Services Corp., 16 CV 3526

Contract Authorized N.Y. Gas Retailer to Set Rates on Evaluation of Nonexhaustive Factors

16 CV 3526
District Judge Vincent Briccetti

U.S. District Court, Western District

Standish v. Federal Express Corp. Long Term Disability Plan, 6:15-cv-6226

Remand Order Deemed Partial Success Under 'Hardt' Leading to $34,203 Legal Fee Award

6:15-cv-6226
District Judge Michael Telesca

U.S. District Court, Eastern District

Dash v. The Board of Education of the City School Dist. of N.Y., 15-CV-2013

Bulk of Claims Dismissed in Assistant Principal's Suit; Hostile Work Environment Claim Survives

15-CV-2013
District Judge Jack Weinstein

U.S. District Court, Southern District

Rajaratnam v. USA, 15 Civ. 5325

Hedge Fund Operator Denied Sentence Vacatur, $53.8 Million Forfeiture Order's Reduction

15 Civ. 5325
District Judge Loretta A. Preska

U.S. District Court, Southern District

USA v. UCB, Inc., 14-cv-2218

FCA Qui Tam Action Unsealed; Presumption Of Access to Judicial Documents Not Rebutted

14-cv-2218
District Judge Thomas Griesa

U.S. District Court, Southern District U.S. District Court, Southern District

Paxton v. Fluor Enterprises, Inc., 15cv3737

Employer Granted Judgment on Disability Discrimination, Accommodation Claims Only

15cv3737 15cv3737
District Judge Denise Cote District Judge Denise Cote

U.S. District Court, Eastern District

Threeline Imports, Inc. v. Vernikov, 15 Civ. 02333

Defendants First to Use Mark in Commerce; Plaintiffs' Use of Mark Likely to Cause Confusion

15 Civ. 02333
District Judge Ann Donnelly

U.S. District Court, Eastern District

Mayer v. DeCarlo, 16-CV-1225

Order Not Explaining Why Sanctions Not Awarded Cannot Be Reviewed for Abuse of Discretion

16-CV-1225
District Judge Joseph Bianco

U.S. District Court, Southern District

U.S. ex rel. Kolchinsky v. Moody's Corp., 12cv1399

False Claims Act Suit Dismissed; Claim Not Stated, Continuing Falsity Not Pleaded

12cv1399
District Judge William Pauley

U.S. District Court, Southern District

Macias v. Ocwen Loan Servicing LLC, 16-CV-2215

Anti-Foreclosure Suit Dismissed; FDCPA, TILA Not Violated, Fiduciary Relationship Not Alleged

16-CV-2215
District Judge Valerie Caproni

U.S. District Court, Southern District

Morrison v. Eminence Capital, LLC, 16-CV-3351

Short-Swing Profits Suit Dismissed; Plaintiff Not Shareholder of 'Issuer' When Suit Brought

16-CV-3351
District Judge Ronnie Abrams

U.S. District Court, Southern District

Bailey v. N.Y. Law School, 16 Civ. 4283

Action Over School's Inadequate Discipline Of Attacker Partly Dismissed; Replead Granted

16 Civ. 4283
District Judge Edgardo Ramos

U.S. District Court, Northern District

Bosman v. Glod, 6:15-cv-1036

Finding $54,334 Debt Cannot Be Discharged Upheld; Fraud, Intent to Deceive Not Shown

6:15-cv-1036
District Judge Gary Sharpe

U.S. District Court, Southern District

Ronald D. Corwin, et al., Plaintiffs v. NYC Bike Share, LLC, et al., Defendants, 14-CV-1285

Cross Motions for Summary Judgment Only Partly Granted in Lawsuit by Bicycle Sharing Program Member; Affirmative Defenses Grounded on Non-Use of Helmet Partly Granted; Enforceable Release Agreement Leads to Dismissal of Negligence, Malpractice Claims

14-CV-1285
Magistrate Judge Sarah Netburn

U.S. Court of Appeals, Second Circuit

New York Pet Welfare Associaation v. City of New York, 15-4013-cv

NYC Pet Shop Regulations Pass Constitutional Muster, 2nd Circuit Rules

15-4013-cv
Before: Leval and Lohier, C.JJ., and Korman, D.J.*

U.S. Bankruptcy Court, Southern District

Feltman v. Noor Staffing Group, LLC, 16-01037

Adversarial Action's Defendant May Not Assert §553 Right of Set-Off for Contingent Claims

16-01037
Bankruptcy Judge Martin Glenn

U.S. District Court, Southern District

The Najjar Group, LLC v. West 56th Hotel LLC, 14-CV-7120

Leave to Amend Complaint Denied; Proposed TAC's Claims Duplicate Contract Breach Claim

14-CV-7120
District Judge Ronnie Abrams

U.S. District Court, Southern District

United States v. Prevezon Holdings, 13-cv-6326

Court Compels Second Deposition of CEO Of Firm at Center of Russian Fraud Scheme

13-cv-6326
District Judge William Pauley

U.S. District Court, Southern District

The Town of Ramopo v. The Town of Clarkstown, 16 Civ. 2004

Town's Civil Rights, FHA Claims Over Road's Closure by Neighboring Town Time Barred

16 Civ. 2004
District Judge Nelson Roman

U.S. District Court, Eastern District

Kurtz v. Kimberly-Clark Corp. & Costco Wholesale Corp., 14-CV-1142

Three Class Suits Certified in 'Flushable' Wipes Case; Request to Certify National Class Denied

14-CV-1142
District Judge Jack Weinstein

U.S. District Court, Southern District

Downey v. Adloox Inc., 16-CV-1689

ADEA, Human Rights Laws Claims Survive In Advertising Executive's Suit Over Firing

16-CV-1689
District Judge Jesse Furman

U.S. District Court, Southern District

Artec Construction v. N.Y. City Dept. of Housing Preservation, 15 Civ. 9494

Suit Denied Dismissal After PSAC Substituting City as Defendant, Adding 'Monell' Claim Details

15 Civ. 9494
District Judge Katherine Polk Failla

U.S. District Court, Western District

Fantigrossi v. American Eagle Airlines, Inc., 13-CV-6220

Reverse-Race Discrimination Suit Dismissed; Bankruptcy Proceeding Extinguished Claim

13-CV-6220
District Judge Frank Geraci

U.S. District Court, Northern District

Earle v. H&M Hennes & Mauritz L.P., 1:15-CV-1060

Discovery Deadline Extended to Depose Store Worker But Not for Swedish Expert's Testimony

1:15-CV-1060
Magistrate Judge Daniel Stewart

U.S. District Court, Southern District

United States v. William Walters, 16-cr-338

16-cr-338 (PKC)
District Judge P. Kevin Castel

U.S. District Court, Southern District

AmTrust Financial Services, Inc. v. Lacchini, 16 Civ. 2575

Court Lacks Jurisdiction Over Italian Arbitrator Accused of Adverse Outcomes for Bribes

16 Civ. 2575
District Judge Paul Engelmayer

U.S. District Court, Southern District

USA v. Westchester County, New York, 06 Civ. 2860

Monitoring of County's Compliance With 2009 Consent Decree Stands, but Fee Cap Removed

06 Civ. 2860
District Judge Denise Cote

U.S. District Court, Southern District

Herrick v. Grindr, LLC, 17-CV-932

TRO Not Renewed; 'Interactive Computer Service' Immune Under Communications Decency Act

17-CV-932
District Judge Valerie Caproni

U.S. District Court, Western District

NRP Holdings LLC v. City of Buffalo, 11-CV-472S

Legislative Immunity Leads to Claims' Dismissal In Suit Over Cancelled Affordable Housing Project

11-CV-472S
District Judge William Skretny

U.S. District Court, Eastern District

Townsend v. Ganci, 16-CV-2814

Judgment Debt Stemming From Willful, Malicious Injury Is Not Dischargeable

16-CV-2814
District Judge Joseph Bianco

U.S. District Court, Southern District

Fischer v. Forrest, 14 Civ. 1304

This Magistrate Judge Is Fed Up With Lazy Discovery Responses

14 Civ. 1304
Judge Andrew J. Peck

U.S. District Court, Southern District

Garber v. Office of the Commissioner of Baseball

Judge Blasts Serial Objector and Orders Him to Share Her Order With Local Counsel

12-CV-03704 (VEC)
District Judge Valerie Caproni

U.S. District Court, Southern District

LGC Holdings v. Julius Klein Diamonds, 16-CV-5294

Court Upholds $142M Award in 'Bitter' Business Dispute

16-CV-5294 (JMF)
District Judge Jesse Furman

U.S. District Court, Southern District

Borden v. City of N.Y., 1:16-cv-716

2013 Settlement Release Bars Discrimination Suit by N.Y. City Parks Department Worker

1:16-cv-716
District Judge Gregory Woods

U.S. District Court, Southern District

Caufield v. Colgate-Palmolive Co., 16 Civ. 4170

Claims for Residual Annuity Benefits Timely, Not Barred by Previous Release

16 Civ. 4170
District Judge Lorna Schofield

U.S. District Court, Southern District

U.S. Speciality Ins. Co. v. Catalent, Inc., 16cv4414

Insurer Need Not Pay Business Operation Losses Over Factory's Mandated Suspension

16cv4414
District Judge Denise Cote

U.S. District Court, Western District

USA v. Pirk, 1:15-CR-00142

'Frye', 'Lafler' Colloquy Granted to Memorialize Plea Offer Terms, Confirm Its Communication

1:15-CR-00142
District Judge Elizabeth Wolford

U.S. District Court, Eastern District

Great Minds v. Fedex Office and Print Services, Inc., 16-CV-1462

Creative Commons License Permitted FedEx's Copying of Math Curriculum for School Districts

16-CV-1462
District Judge Denis Urley

U.S. District Court, Southern District

Nicholas v. City of New York, 15-CV-9592

Suit Over Seizure of Press Pass Allowed to Proceed

15-CV-9592
District Judge J. Paul Oetken

U.S. District Court, Eastern District

Houston v. Cotter, 07-CV-3256

Reduced Legal Fees, Costs Awarded in Rights Suit Against County, Jail Officers Explained

07-CV-3256
District Judge Joseph Bianco

U.S. District Court, Southern District

Singh v. Board of Immigration Appeals, 15-cv-5541

Evidence in 1987 Marriage-Fraud Finding Supports USCIS, BIA Adjustment Denial

15-cv-5541
District Judge P. Kevin Castel

U.S. Court of Appeals, Second Circuit

USA v. Natal, 15-94

Evidence Destruction Conviction Vacated Under 'Yates'; Counts Must Be Grouped at Resentence

15-94
Before: Katzmann, C.J., Winter, C.J., and Stein, D.J.*

U.S. District Court, Southern District

Komlossy v. Faruqi & Faruqi, LLP, 15 Civ. 9316

Suit for Portion of Law Firm's Fee Fails; 2007 Oral Compact Void Under Statute of Frauds

15 Civ. 9316
District Judge Katherine Polk Failla

U.S. District Court, Northern District

V.W. v. Conway, 9:16-CV-1150

Judge Halts Solitary Confinement for Juveniles in Upstate Jail

9:16-CV-1150
District Judge David N. Hurd

U.S. District Court, Western District

Andersen v. Walmart Stores, Inc., 16-CV-6488

Suit Against Walmart, Dell Over Computers' 'Useable' Battery Life Must Be Arbitrated

16-CV-6488
District Judge Charles Siragusa

U.S. District Court, Southern District

In Re Idreamsky Technology Ltd. Securities Litigation, 15-CV-2514

Bulk of Claims Against Game Firm Survive; Allegations Support Strong Scienter Inference

15-CV-2514
District Judge J. Paul Oetken

U.S. District Court, Southern District

Herrera v. Trabajamos Community Head Start, Inc., 15 Civ. 9286

Fact Issues Over 'Fraud' Disclosures, Firing Prevent ARRA Retaliation Suit's Dismissal

15 Civ. 9286
District Judge Jed Rakoff

U.S. District Court, Northern District

Ehrlich v. Commercial Factors of Atlanta, 1:16-CV-0070

Adversary Action's Dismissal Upheld; Breach Claims Subject to 'Wagoner', In Pari Delicto

1:16-CV-0070
District Judge Lawrence Kahn

U.S. District Court, Southern District

Canon U.S.A., Inc. v. Divinium Technologies, Inc., 15 Civ. 1804

Lawyer, Firm Can Be Accused of Violating Judiciary Law §487 in Suit Over Abetting Fraud

15 Civ. 1804
District Judge Paul Crotty

U.S. District Court, Southern District

Cohen v. Maher, 16 CV 265

Long-Arm Jurisdiction Noted in Breach Suit Denied Transfer to Florida's Middle District

16 CV 265
District Judge Vincent Briccetti

U.S. Court of Appeals, Second Circuit

Carmichael v. Chappius, 16-1562-cv

Affirmance of 'Batson' Challenge's Denial Not Unreasonable; §2254 Habeas Relief Vacated

16-1562-cv
Before: Winter, Cabranes, C.JJ., and Restani, J.*

U.S. District Court, Eastern District

Jones v. County of Suffolk, 11-CV-2445

Decedent Child's Due Process Rights Not Violated By County's Failure to Remove Him From Custody

11-CV-2445
District Judge Joseph Bianco

U.S. District Court, Western District

Bernier v. Koenigsmann, 15-CV-209

Bulk of Rights Claims Severed, Transferred To NDNY; IFP Status Revocation Recommended

15-CV-209
Magistrate Judge Hugh Scott