Federal Court Decisions

U.S. District Court, Southern District

Barefoot Contessa Pantry, LLC, et al., Plaintiffs v. Aqua Star (USA) Co., et al., Defendants, 15-CV-1092

'Barefoot Contessa' Shows Confusion Over Frozen Meals Infringing Its Trade Dress

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

U.S. Court of Appeals, Second Circuit

National Railroad Passenger Corporation, Plaintiff-Appellant v. Joan McDonald, Commissioner, the New York State Department of Transportation, Defendant-Appellee, 13-4161-cv

Amtrak's Challenge to Eminent Domain For Park Project Rejected on Limitation Grounds

Practice Areas: Residential and Commercial Real Estate , Transportation

U.S. District Court, Eastern District

Eric H. Richmond, Appellant v. P.B. #7, LLC, Appellee, 14 Civ. 5957

Appeals From Bankruptcy Court's Order Dismissed; Case, Controversy Not Presented

Practice Areas: Bankruptcy , Securities and Federal Corporate Law

U.S. District Court, Southern District

Tapinder Singh, et al., Plaintiffs v. Penske Truck Leasing Co., L.P., Defendant, 13 Civ. 1860

Driver Hurt in Fall From Truck's Lift Gate Denied Spoliation Sanction Over Checklist

Practice Areas: Evidence , Spoliation , Torts , Personal Injury

U.S. Court of Appeals, Second Circuit

United States of America, Appellant v. James Raymonda, Defendant-Appellee, 13-4899-cr

Circuit Finds Faulty Warrant Was Executed in Good Faith

Practice Areas: Appellate Law - Criminal , Evidence , Admissibility

U.S. District Court, Southern District

Lelanie Foster, Plaintiff v. May Lee, Ericka Rodriguez, and Lashpia Corporation, Defendants, 13-CV-5857

Eyelash Extension Maker Is Liable For Infringing Copyrighted Photograph

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

U.S. District Court, Eastern District

Aei Life, LLC, Plaintiff v. Lincoln Benefit Life Company, Defendant, 14-CV-6449

Court May Exercise Jurisdiction Despite Pending Appeal of Dismissal Order in Third Circuit

Practice Areas: Civil Procedure , Insurance Law

U.S. District Court, Eastern District

Joseph Romagnolo, Plaintiff v. The Guardian Life Insurance Company of America and Berkshire Life Insurance Company of America, Defendants, 14-CV-3908

Lawyer's Pleadings Enough to Proceed Against Insurer's New York-Based Corporate Parent

Practice Areas: Civil Procedure , Insurance Law , Legal Profession

U.S. District Court, Southern District

George Hines, M.D., Helene Hines, and Jennifer Hines, Plaintiffs v. 1025 Fifth Avenue, Inc., Defendant, 14 Civ. 3661

Husband, Daughter Bound to Jury Waiver Clause As Third-Party Beneficiaries of Lease

Practice Areas: Landlord/Tenant Law , Residential and Commercial Real Estate

U.S. District Court, Southern District

Mediterranean Shipping Company (USA) Inc., Plaintiff v. TJD International Inc., Defendant, 13 Civ. 6489

$69,401 Damages Should Be Awarded Including $59,950 Based on Demurrage Under Lading Bill

Practice Areas: Admiralty , Contracts , Breach , Legal Profession , Attorney Fee Recovery

U.S. District Court, Northern District

Samuel N. Brewer, Plaintiff v. GEM Industrial Inc., Defendant, 1:14-cv-00778

'Borman' Favors Title VII Action's Dismissal; Discrimination Claims Voluntarily Waived

Practice Areas: Labor and Employment , Discrimination , Civil Rights

U.S. District Court, Eastern District

Elijah Jackson, by and through his Parent and Legal Guardian, Julie Jackson, and Julie Jackson, Individually, Plaintiffs v. Suffolk County, et al., Defendants, 13-CV-394

County Defendants Granted Partial Summary Judgment in §1983 Suit Over Search, Drug Arrest

Practice Areas: Civil Rights , Criminal Law

U.S. Court of Appeals, Second Circuit

Alan Newton, Plaintiff-Appellant v. City of New York, Defendant-Appellee.*, 11-2610-cv

Exonerated Man's $18 Million Verdict Against City Is Reinstated

Practice Areas: Civil Rights

U.S. Court of Appeals, Second Circuit

Baofen Li, Petitioner v. Eric H. Holder, Jr., United States Attorney General, Respondent, 13-2600 NAC

Chinese Muslim Seeking Asylum Loses Appeal

Practice Areas: Immigration Law

U.S. District Court, Eastern District

Brian M. Jackson, individually and on behalf of a class, Plaintiff v. Caribbean Cruise Line, Inc., Adsource Marketing Ltd., and Does 1-10, Defendants, 14-cv-2485

Complaint Dismissed Against Cruise Line; TCPA Agency Liability May Be Re-Pleaded

Practice Areas: Consumer Protection , Torts , Liability , Vicarious Liability

U.S. District Court, Southern District

Ehsan Khan, Plaintiff v. Hilton Worldwide, Inc. and Derrick Carlo, individually, Defendants, 14 Civ. 1011

Title VII Retaliation Claim for Failure to Rehire Related to EEOC Complaint Survives Dismissal

Practice Areas: Labor and Employment , Discrimination

U.S. District Court, Southern District

Clayton Andrews, Plaintiff v. Realogy Corporation Severance Pay Plan for Officers, Defendant, 13-CV-8210

Decision Denying Severance Was Rational; All Data Available at Job's Offer Considered

Practice Areas: Labor and Employment , Employee Benefits , Employment Contracts

U.S. District Court, Northern District

Susan Marcy, Individually and as Administratix of the Estate of Joseph A. Marcy, Jr., Deceased. Plaintiff v. Allegro Resorts Marketing, Inc. et al., Defendants, 1:14-cv-398

Jurisdictional Discovery Granted in Diversity Suit Arising From Husband's Death at Aruba Resort

Practice Areas: Civil Procedure , Torts

U.S. Court of Appeals, Second Circuit

United States of America, Appellee v. Annie George, aka Annie Kolath, aka Sajimol George, Defendant-Appellant, 13-2762-cr

Circuit Upholds Mansion Forfeiture in Harboring Case

Practice Areas: Criminal Law , Immigration Law , Appellate Law - Criminal

U.S. District Court, Eastern District

William Toomey and Mary Toomey, Plaintiffs v. Millercoors LLC, Defendant, 12-CV-3295

Expert's Testimony Precluded in Lawsuit Over Beer Bottle That Exploded in Hand

Practice Areas: Evidence , Expert Witnesses , Products Liability

U.S. District Court, Eastern District

Yaa-Lengi Ngemi, Plaintiff v. County of Nassau and Nassau County Sheriff's Office, Defendants, 14-CV-1987

No Due Process Claim Exists Against Sheriff's Office Over Commitment Order's Execution

Practice Areas: Civil Rights , Family Law , Custody and Child Support

U.S. District Court, Southern District

Sergio Florez, Plaintiff v. Central Intelligence Agency, Defendant, 14-Cv-1002

CIA's 'Glomar' Response to FOIA Request Justified by Exemptions 1 and 3

U.S. District Court, Southern District

Valerie Wilson, et al., Plaintiffs v. Wilder Balter Partners, Inc., et al., Defendants, 13-CV-2595

Discrimination, Retaliation Claims Not Stated In Lawsuit Over Apartment Rental's Refusal

Practice Areas: Civil Rights , Landlord/Tenant Law

U.S. District Court, Western District

State of New York, Plaintiff v. Grand River Enterprises Six Nations, Ltd., Native Wholesale Supply Company, Inc., Defendants, 14-CV-910

Protective Order Staying Discovery Granted In Contraband Cigarette Trafficking Action

Practice Areas: Civil Procedure , Taxation , Native American Law

U.S. District Court, Northern District

BSC Associates, LLC, Plaintiff v. Leidos, Inc., Defendant, 3:14-cv-00645

Complaint Over Flight Simulator License Fee Violates Doctrine of Champerty

Practice Areas: Intellectual Property , Contracts , Breach , Legal Profession

U.S. District Court, Southern District

Harry E. Gould, Jr., Plaintiff v. Japan Pulp and Paper (U.S.A.), Defendant, 14 Civ. 7905

Consulting Agreement Claims Depend on Stock Purchase Compact's Terms, Must Be Arbitrated

Practice Areas: Alternative Dispute Resolution , Arbitration (ADR) , Contractual Clauses , Contracts , Breach

U.S. District Court, Southern District

Bruce Schwartz, individually and on behalf of all others similarly situated, Plaintiff v. Comenity Capital Bank, Defendant, 13 Civ. 4896

Court Explains Partial Judgment in Credit Card Issuer's Favor in Suit Over TILA Breach

Practice Areas: Creditors

U.S. District Court, Southern District

Anthony D. Crothers, Plaintiff v. Acting Carolyn W. Colvin, Commissioner of Social Security, Social Security Administration, Defendant, 13-CV-4060

ALJ Failed Duty to Develop Record; Disability Benefits Case Remanded for Further Proceedings

Practice Areas: Social Services Law , Social Security Compensation , Administrative Law

U.S. District Court, Southern District

Richard C. McKenzie, Jr. et al., Plaintiffs v. Robert Fishko et al., Defendants, 12CV7297

Art Dealers Granted Judgment on Contract, Fiduciary Duty Breach Claims Over Art Sales

Practice Areas: Contracts , Breach , Torts , Intentional Torts , Fraud (Torts)

U.S. District Court, Southern District

Commodity Futures Trading Commission, Plaintiff v. Paragon FX Enterprises, LLC, Defendant, 11 Civ. 7740

Penalties Imposed for Foreign Exchange Trading Violating Commodity Exchange Act Explained

Practice Areas: Securities and Federal Corporate Law , Banking and Financial Institutions

U.S. Court of Appeals, Second Circuit

In re: Bernard L. Madoff Investment Securities LLC, 14-97-bk(L)

Madoff Victims Lose Bid for Inflation Adjustment

Practice Areas: Bankruptcy , Securities and Federal Corporate Law

U.S. District Court, Southern District

Hicham Azkour, Plaintiff v. Little Rest Twelve, Defendant, 10-cv-4132

Employer Is Liable for Only 12 Weeks Of Unemployment in Action Under FLSA

Practice Areas: Labor and Employment , Wages and Hours

U.S. District Court, Southern District

United States of America, Plaintiff v. David Delva, Defendant, 12 Cr. 802

Evidence Corroborated Cooperating Witness' Testimony; Judgment of Acquittal Denied

Practice Areas: Criminal Law , Evidence , Witnesses

U.S. District Court, Western District

Stephen Reed and Cindy Reed, Plaintiffs v. Aqueon Products and Central Garden and Pet, Defendants, 11-CV-6027

Under Anti-Subrogation Rule Insurer Can Only Recover Damages Beyond Home Policy's Limit

U.S. District Court, Northern District

Beverly L. Russell, Plaintiff v. Carolyn W. Colvin, Commissioner of Social Security Administration, Defendant, 5:13-cv-1030

Obesity, Osteoarthritis, Personality Disorders Not Severe Impairments; Benefits' Denial Upheld

Practice Areas: Social Services Law , Social Security Compensation , Health Law

U.S. District Court, Southern District

North Jersey Media Group Inc., Plaintiff v. Jeanine Pirro and Fox News Network, LLC, Defendants, 13 Civ. 7153

Issues Exist if Combined Image of WTC, Iwo Jima Flag Raisings Is 'Fair Use' of WTC Flag Photo

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

U.S. District Court, Southern District

Sonia Berman, Plaintiff v. Kathleen Sebelius as Secretary of the Department of Health and Human Services, Defendant, 13-CV-4513

Regulations Misapplied in Review of Finding Beneficiary Did Not Need Physical Therapist

Practice Areas: Social Services Law , Medicare/Medicaid , Administrative Law , Health Law

U.S. District Court, Southern District

Thomas Williams, Plaintiff v. Rhondina Williams and Kelly Keane, Defendants, 13-CV-3154

Medical Indifference Suit Over Misdiagnosis, Delayed Treatment of Broken Finger Dismissed

Practice Areas: Civil Rights , Constitutional Law

U.S. District Court, Western District

Benedict Genco, Plaintiff v. Starpoint Central School District, Defendant, 13-CV-301

Disability Discrimination, Accommodation Claims Over Palsy-Based Limp Are Denied

U.S. District Court, Southern District

Worldwide Home Products, Inc., Plaintiff v. Bed, Bath and Beyond, Inc. et al., Defendant, 11CV3633

Hanger Patent Invalidated Due to Attorney's Inequitable Conduct During Its Prosecution

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

U.S. District Court, Southern District

Eric Michael, individually and on behalf of others similarly situated, Plaintiffs v. Bloomberg L.P., Defendant, 14-cv-2657

FLSA Action's Plaintiff Denied Protective Order to Proceed Under Pseudonym

Practice Areas: Civil Procedure , Labor and Employment , Wages and Hours

U.S. District Court, Southern District

Simmtech Co., Ltd., Plaintiff v. Citibank, N.A. et al., Defendants, 13-cv-6768

Korean Firm's Suit Over Hedge Products' Sale Dismissed on Forum Non Conveniens Grounds

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Banking and Financial Institutions , Securities and Federal Corporate Law

U.S. District Court, Northern District

William Bowman, Plaintiff v. Granny's Kitchen, LLC, Defendant, 6:14-cv-00585

Supervisor's Racial Slur, Comment Insufficient To State Plausible Hostile Workplace Claim

Practice Areas: Labor and Employment , Discrimination , Race Discrimination

U.S. District Court, Southern District

Lisa Guttilla, Plaintiff v. City of New York, et al., Defendants, 14-CV-156

Teacher 'Forced' to Resign After Sexual Contact With Student Not Deprived of Due Process

Practice Areas: Civil Rights , Education Law

U.S. District Court, Eastern District

United States of America, Plaintiff v. Colette Robertson, Defendant, 13-CR-486

Defendant Is Considered Competent To Stand Trial And/Or Enter Plea

Practice Areas: Criminal Law , Health Law

U.S. District Court, Eastern District

Siddharth N. Ghosh, Plaintiff v. Neurological Services of Queens, P.C. and Dr. Jatinder S. Bakshi, M.D., Defendants, 13-CV-1113

Professional Is Not Covered by FLSA Minimum Wage Protections; Diversity Threshold Not Met

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

U.S. District Court, Eastern District

Dean Nicosia, on behalf of himself and all others similarly situated, Plaintiff v. Amazon.com, Inc., Defendant, 14-cv-4513

Diet Product's Online Buyer Agreed to Mandatory Arbitration of Claims, Class Action's Waiver

Practice Areas: Alternative Dispute Resolution , Arbitration (ADR) , Products Liability , Internet Law , E-commerce

U.S. District Court, Eastern District

Anna Frank, as next friend pursuant to Fed. R. Civ. P.17(c) for infant plaintiff Michael Frank Jr., Plaintiff v. Sachem School District and Suffolk County, Defendants, 14-cv-67

Dismissal of Claims Over District's Transfer Of Child to Treatment Center Explained

Practice Areas: Education Law

U.S. District Court, Eastern District

Richard Duafala, Representative of ComSource, Inc. Stockholders, Plaintiff, v. Globecomm Systems Inc., Defendant, CV 13-4944

Breach Claim Asserting EBITDA Miscalculation Is Governed by 'Narrow' Arbitration Clause

Practice Areas: Alternative Dispute Resolution , Arbitration (ADR) , Contracts , Breach , Business Entities , Valuation

U.S. District Court, Southern District

Ramon Rodriguez, Petitioner v. Christopher Shanahan, in his official capacity as New York Field Office Director for U.S. Immigration and Customs Enforcement, et al., Respondents, 14-CV-09838

Permanent Resident Held Under INA §236(c) Must Be Given Bond Hearing or Be Released

Practice Areas: Immigration Law , Civil Rights

U.S. Court of Appeals, Second Circuit

In the Matter of: Robert Plan Corporation, Debtor, 14-1144

Chapter 7 Trustee Cannot Be Compensated From Assets of ERISA-Governed 401(k) Plan

Practice Areas: Bankruptcy , Labor and Employment , Employee Benefits

U.S. District Court, Western District

MPC Franchise, LLC, and MP Cleary, Inc., Plaintiffs v. Brent Tarntino, Defendant, 11-CV-6310

Reduced Legal Fees, Costs Awarded Prevailing Plaintiffs in Pizzeria Franchise Right Dispute

Practice Areas: Intellectual Property , Trademarks , Infringement (Trademark) , Legal Profession , Attorney Fee Recovery , Business Entities , Franchises

U.S. District Court, Northern District

H&R Block Tax Services, LLC, Plaintiff v. Judy Strauss, Defendant, 1:15-CV-0085

Former H&R Block Franchisee Cannot Offer Tax Return Services Within 45 Miles of Cobleskill

Practice Areas: Contracts , Breach , Commercial Law , Franchise Law

U.S. Court of Appeals, Second Circuit

United States of America, Appellee v. Thomas Cramer, aka Ryan, Defendant - Appellant, 14-761

Circuit Finds Computer Contact Alone Can Hike Term

Practice Areas: Appellate Law - Criminal , Criminal Law , Internet Law , Computer Crimes

U.S. District Court, Northern District

Matthew F. Ficarra, Plaintiff v. Bruce K. Germain, Defendant, 5:14-CV-00869 (BSK/ATB)

Practice Areas: Admiralty

U.S. District Court, Southern District

Eleni Woldeselassie, Plaintiff v. American Eagle Airlines/American Airlines, et al., Defendants, 12 Civ. 07703

Flight Attendant Was Legitimately Fired For Absenteeism, Not Purported Disability

Practice Areas: Legal Profession , Products Liability , Manufacturing Defect

U.S. District Court, Southern District

Donald H. Buckner, Jr., Plaintiff v. County of Sullivan, and Michael Schiff, Sheriff, County of Sullivan, Individually, Defendants, 12-CV-3770

Comparator Officers Not Similarly Situated To Detective Legitimately Fired for Cocaine Use

Practice Areas: Labor and Employment , Discrimination , Race Discrimination

U.S. District Court, Western District

Crane Equipment & Services, Inc., a Subsidiary of Columbus McKinnon Corporation, Plaintiff v. B.E.T. Construction, Inc., Defendant, 14-CV-175

Speculative Legal Costs, Late Payment Interest Lead to Finding Jurisdiction Threshold Not Met

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Contracts , Breach

U.S. District Court, Western District

Rexo Imports LLC, Plaintiff v. Brighton Ford, Inc.; Exterme Motor Sports Used Cars, LLC; Dangerously Racing, Inc., d/b/a Compass Transport Solutions; and Hauling Express, Inc., Defendants, 14-CV-6037

Default Judgment's Denial in Breach Action Over Car Lost in Transit to Sweden Explained

Practice Areas: Contracts , Breach

U.S. District Court, Western District

B. Thomas Golisano, Plaintiff v. Walter Turek, Defendant, 14-CV-6411

Florida Resident Granted Limited Discovery On Plaintiff's Citizenship at Complaint Filing

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

U.S. District Court, Eastern District

United States of America, Plaintiff v. James J. Rich, Jr., also known as "Chip," Defendant, 12-cr-424

Guilty Plea's Withdrawal Legally Unsupported; Use of Sting Operation Not Per Se Outrageous

Practice Areas: Criminal Law

U.S. Court of Appeals, Second Circuit

United States of America, Appellee v. Peter Iovino, Defendant-Appellant, 14-270

Common Charge Increase Made Each Condo Member Victim of Defendant's Fraud

Practice Areas: Criminal Law , White Collar Crime , Fraud (White Collar) , Landlord/Tenant Law

U.S. District Court, Eastern District

Anton Birch, Plaintiff v. Cuny/Laguardia Community College, Defendant, 14-CV-7573

In Forma Pauperis Status Granted, But No Claim Stated Under Title VII, ADA, ADEA

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

U.S. District Court, Southern District

Prince of Peace Enterprises, Inc., Plaintiff v. Top Quality Food Market, LLC, et al., Defendants, 07 Civ. 349

Refusal to Grant $17,352 Prejudgment Interest On $22,343 Attorney Fee Award Is Explained

Practice Areas: Legal Profession , Attorney Fee Recovery , Intellectual Property , Trademarks , Infringement (Trademark)

U.S. Court of Appeals, Second Circuit

Robert L. Prosser, III, Mary C. Prosser, McGehee Family Clinic, P.A., Petitioners-Appellants v. Commissioner of Internal Revenue, Respondent-Appellee, 13-4526-ag

'Benistar Plan' Substantially Similar to Tax Avoidance Transaction Listed in IRS Notice

Practice Areas: Taxation

U.S. District Court, Northern District

Swift Transportation Co. of Arizona, LLC, Plaintiff v. RTL Enterprises, LLC et al., Defendants, 1:14-cv-902

Trucking Company Did Not 'Target' New York In Asbestos Transport; Jurisdiction Lacking

Practice Areas: Civil Procedure , Jurisdiction and Service of Process

U.S. District Court, Northern District

Matthew McCaskill, Plaintiff v. Shoprite Supermarket, Defendant.1, 7:13-CV-00238

Supermarket's Legitimate Reason for Firing Black Employee Not Found to Be Pretextual

Practice Areas: Labor and Employment , Discrimination , Race Discrimination

U.S. District Court, Southern District

CAML Ghana Limited, Ratel Group Limited, CGA Mining Limited, and Central Asia Minerals Limited, Plaintiffs v. Westchester Resources Limited, Defendant, 13 Civ. 8124

Ghana Firm Granted Enforcement of Stipulation Resolving Dispute Over Gold Mining Venture

Practice Areas: Civil Procedure , Contracts , Interpretation

U.S. Court of Appeals, Second Circuit

Aleksandr Pan, Petitioner v. Eric H. Holder, Jr., United States Attorney General, Respondent, 13-203-ag

IJ, BIA Ignored Record Evidence, Did Not Explain How Violence Differed From That of Asylees

Practice Areas: Immigration Law

U.S. District Court, Western District

Angelina Canzanese and Victor Canzanese, Plaintiffs v. Otis Elevator Company, Defendant, 12-CV-0153

Issues Exist As to Res Ipsa Loquitor in Suit Over Injury When Elevator's Door Closed

Practice Areas: Products Liability

U.S. District Court, Eastern District

Michael Duhs, Petitioner v. Michael Capra, Superintendent of Sing Sing Correctional Facility, Respondent, 13-CV-1056

Conviction for Child Assault Upset Over Confrontation Clause Violation

Practice Areas: Constitutional Law

U.S. District Court, Southern District

World of Boxing LLC, Vladimir Hrunov, and Andrey Ryabinskiy, Plaintiffs v. Don King and Don King Productions, Inc., Defendants, 14-cv-3791

Court Explains Award Following Breach by Failure to Cause Boxer's Participation in Bout

Practice Areas: Contracts , Breach