Decisions

Federal Court Decisions

U.S. District Court, Eastern District

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

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

Practice Areas: Business Entities , Labor and Employment

U.S. District Court, Southern District

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

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

Practice Areas: Contracts , Breach , Creditors

U.S. District Court, Southern District

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

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

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

U.S. District Court, Southern District

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

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

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

U.S. District Court, Southern District

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

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

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

U.S. District Court, Eastern District

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

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

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

U.S. Court of Appeals, Second Circuit

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

Accommodations for Hearing Impaired Defendants Clarified

Practice Areas: Criminal Law

U.S. District Court, Southern District

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

Judge Offers Guidance on Transfers of Original Emails

Practice Areas: Civil Procedure , Discovery

U.S. District Court, Southern District

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

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

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

U.S. District Court, Eastern District

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

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

Practice Areas: Labor and Employment , Discrimination , Pregnancy Discrimination

U.S. District Court, Eastern District

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

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

Practice Areas: Civil Procedure , Parties , Torts

U.S. Court of Appeals, Second Circuit

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

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

Practice Areas: Criminal Law

U.S. District Court, Southern District

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

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

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

U.S. District Court, Western District

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

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

Practice Areas: Criminal Law

U.S. District Court, Eastern District

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

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

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

U.S. District Court, Southern District

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

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

Practice Areas: Civil Rights

U.S. Bankruptcy Court, Northern District

In re: Squire, 13-62070

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

Practice Areas: Legal Profession , Bankruptcy

U.S. District Court, Eastern District

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

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

Practice Areas: Bankruptcy , Family Law , Creditors

U.S. District Court, Western District

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

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

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

U.S. District Court, Western District

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

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

Practice Areas: Civil Procedure , Consumer Protection

U.S. District Court, Southern District

O'Jeda v. Viacom, 13 Civ. 5658

U.S. District Court, Eastern District

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

Evidence Suppressed Due to Faulty Warrant

Practice Areas: Criminal Law , Evidence , Admissibility

U.S. District Court, Southern District

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

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

Practice Areas: Contracts , Breach , Fraud (Contracts)

U.S. District Court, Southern District

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

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

Practice Areas: Civil Procedure , Motion Practice

U.S. District Court, Eastern District

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

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

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

U.S. Court of Appeals, Second Circuit

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

Questions on Office for Nonresident Lawyers Certified

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

U.S. District Court, Eastern District

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

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

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

U.S. District Court, Southern District

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

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

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

U.S. District Court, Western District

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

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

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

U.S. District Court, Eastern District

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

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

Practice Areas: Civil Rights , Military Law

U.S. District Court, Western District

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

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

Practice Areas: Labor and Employment

U.S. Court of Appeals, Second Circuit

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

Circuit Clarifies Key Portion of Disabilities Education Act

Practice Areas: Education Law

U.S. Bankruptcy Court, Western District

In re Wrobel, 12-13001 K

Judge Permits Homestead Exemption to Shield Assets

Practice Areas: Bankruptcy

U.S. Court of Appeals, Second Circuit

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

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

Practice Areas: Constitutional Law

U.S. District Court, Northern District

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

Judge Allows Libel Suit Against ESPN to Proceed

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

U.S. District Court, Southern District

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

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

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

U.S. District Court, Western District

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

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

Practice Areas: Civil Procedure , Contracts , Torts

U.S. District Court, Western District

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

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

Practice Areas: Labor and Employment , Discrimination , Sex Discrimination

U.S. District Court, Southern District

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

Forfeiture Brings Claimants Closer to Iran Judgments

Practice Areas: Civil Procedure , Civil Forfeiture , Torts

U.S. District Court, Eastern District

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

Discovery Order Upheld in Trainer's Defamation Case

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

U.S. District Court, Northern District

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

Citibank Settlement With Homeowners Moves Ahead

Practice Areas: Consumer Protection , Insurance Law

U.S. District Court, Southern District

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

Practice Areas: Insurance Law

U.S. District Court, Southern District

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

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

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

U.S. District Court, Western District

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

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

Practice Areas: Environmental Law

U.S. District Court, Eastern District

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

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

Practice Areas: Bankruptcy , Legal Profession

U.S. District Court, Southern District

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

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

Practice Areas: Contracts , Breach , Intellectual Property

U.S. District Court, Southern District

Elizabeth Starkey, Plaintiff v. GAP Adventures, Inc., Defendant, 12 Civ. 07837

Forum Clause Requires Woman Sexually Assaulted During Galapagos Tour to Bring Suit in Ontario

Practice Areas: Civil Procedure , Venue , Contracts

U.S. District Court, Western District

Tracey Cuozzo, Plaintiff v. American Rock Salt Company, Joseph Bucci, Individually, Defendants, 12-CV-6215L

Discrimination, Harassment Claims Dismissed; Dispute Had Nothing To Do With Gender

Practice Areas: Labor and Employment , Discrimination , Sexual Harassment , Sex Discrimination

U.S. District Court, Southern District

U.S. v. Urena, S5 11 Cr. 1032 (PAE),

Court to Close in Gang Case During Undercover's Testimony

Practice Areas: Criminal Law

U.S. District Court, Southern District

M.O. and G.O. Individually, and on Behalf of D.O., a Minor, Plaintiffs v. The New York City Department of Education, Defendant, 12 Civ. 4619

Tuition Reimbursement Claim Dismissed; DOE's Failure to Provide Child FAPE Not Shown

Practice Areas: Education Law

U.S. District Court, Southern District

Meditteranean Shipping Company, (USA) Inc., Plaintiff v. International Freight Services, Inc., Defendants, 13 Civ. 1609 (HB)

Demurrage Awarded for Container Unclaimed For Nearly Four Years Is Explained

Practice Areas: Admiralty

U.S. Court of Appeals, Second Circuit

United States of America, Appellee v. Godfrey Emmanuel Harvey, Defendant-Appellant, 12-1490-cr

Valid Warrant Certifying Alien's Deportation On Certain Date Is Proof of Removal on Date

Practice Areas: Immigration Law , Criminal Law

U.S. District Court, Eastern District

Hongtai Trading Inc., Zhihao Yuan, and Zhiqin Yuan, Plaintiffs v. Mingsheng Yan, Bill Yu, Ying Kou Taiyang Packing Products Co., Ltd. and, US Taiyang Packing Products Co., Ltd., Defendants, 12-CV-3683

Presumption Firm Does Not Do Business in N.Y. Not Overcome; Third Party Claims Survives

Practice Areas: Civil Procedure , Contracts , Breach

U.S. Court of Appeals, Second Circuit

Santiago-Monteverde v. Pereira, 12-4131-bk

Circuit Certifies Questions on Lease Value in Bankruptcy

Practice Areas: Bankruptcy , Residential and Commercial Real Estate

U.S. District Court, Northern District

Veeder v. Nutting, 1:10-cv-665 (MAD/CFH)

Judge Allows Suit Against State Police to Proceed

Practice Areas: Constitutional Law , Criminal Law

U.S. District Court, Eastern District

NSI International, Inc., Plaintiff v. Mona Mustafa, Defendant, 12-cv-5528

Enforceable Settlement Not Barred by Limit On Claims' Withdrawal From State Rights Body

Practice Areas: Contracts , Breach , Labor and Employment

U.S. District Court, Southern District

John Chen, Plaintiff v. Major League Baseball, et al., Defendants, 13 Civ. 5494

Volunteer at 2013 All Star Game Event Loses Bid for Payment by Major League Baseball

Practice Areas: Labor and Employment , Wages and Hours

U.S. District Court, Southern District

United States of America ex rel. John and Jane Doe, Plaintiff/Relators v. The Taconic Hills Central School District, et al., Defendants, 11 Civ. 2699

School District Did Not Violate False Claims Act By Following State Guidance in Medicaid Filing

Practice Areas: Social Services Law , Medicare/Medicaid , Education Law , Torts , Intentional Torts , Fraud (Torts)

U.S. District Court, Eastern District

Vincent Catanzaro, Plaintiff v. Northeast Remsco Construction, Inc., Defendant, 11-CV-4903

'Seaman' Status, Unseaworthiness at Issue In Suit Over Injury on MTA Bridge Repair Project

Practice Areas: Admiralty

U.S. District Court, Eastern District

Kinojuz I.P., a company under the laws of Kazakhstan, Plaintiff v. IRP International Inc., a New York corporation, Oulian Doubinine, and Igor Erlikh, Defendants, 11-CV-299

Fact Issues Prevent Judgment on Movie Firm's Claims for Money, Fraud, Unjust Enrichment

Practice Areas: Contracts , Fraud (Contracts)

U.S. District Court, Eastern District

Silver Line Building Products LLC, Plaintiff v. J-Channel Industries Corporation, Defendant, 13-CV-6561

Action Stayed Pending Resolution of Motion to Transfer First-Filed 'Tennessee Action' to Court

Practice Areas: Intellectual Property , Patents , Infringement (Patents) , Civil Procedure , Venue

U.S. District Court, Southern District

Sharon Sullivan, Plaintiff v. NYC Department of Investigation et al., Defendants, 12 Civ. 2564

State Rights Agency's Prior Determination Precludes §1983 Bias Claim's Relitigation

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

U.S. District Court, Southern District

Cross Commerce Media, Inc., Plaintiff/Counterclaim Defendant v. Collective, Inc., Defendant/Counterclaim Plaintiff, 13 Civ. 2754

Fact Issues Exist on Strength of Rights Firm Might Have in 'Collective' as Stand-Alone Mark

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

U.S. District Court, Southern District

Bath & Body Works Brand Management, Inc., Plaintiff and Counter-Defendant v. Summit Entertainment, LLC, Defendant and Counter-Claimant, 11 Civ. 1594

Bulk of Polaroid Factors Favor Movie Company on Firm's Use of 'Twilight' Marks for Fragrance

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

U.S. District Court, Western District

Cohane v. National Collegiate Athletic Assoc., 04-CV-181S(Sr)

Court Rejects Basketball Coach's Civil Rights Claims Against NCAA

Practice Areas: Civil Rights , Entertainment and Sports Law

U.S. District Court, Northern District

Taylor v. The New York State Office for People With Developmental Disabilities, 1:13-CV-740 (NAM/CFH)

Whistleblower's Claims Against Disability Agency Go Forward

Practice Areas: Constitutional Law , Labor and Employment , Whistle-blower Law

U.S. District Court, Eastern District

McCaffery v. McCaffery, 11 CV 0703

Fact Issues Lead to Denial of Sister's Action To Sever Cotenancy, Buy Condo Mother Lives In

Practice Areas: Residential and Commercial Real Estate

U.S. District Court, Southern District

Elcan Industries, Inc. v. Cuccolini, S.R.L., 13CV4058

Claims Arising From Firm's Replacement As Equipment's Distributor Are Rejected

Practice Areas: Torts , Intentional Torts , Tortious Interference with Contract , Defamation , Contracts

U.S. District Court, Southern District

Kolenovic v. U.S. Citizenship and Immigration Service, 12 Civ. 6173

8 USC §1255a(f)(2) Bars Court From Hearing Challenge to Residence Applications' Denial

Practice Areas: Immigration Law , Civil Procedure , Jurisdiction and Service of Process

U.S. District Court, Western District

Montimerano v. Wegmans Food Markets, Inc., 11-CV-6097

Discrimination Suit Dismissed for Failure To Allege Satisfactory Job Performance

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

U.S. District Court, Eastern District

Giambattista v. American Airlines, Inc., 13-cv-3608

Flight Attendant Fails to State ADA Bias Claim Following Reports She Brought Pet Rats on Flights

Practice Areas: Labor and Employment , Discrimination , Disability Discrimination

U.S. Court of Appeals, Second Circuit

USA v. The Federative Republic of Brazil, 12-4601-cv

Circuit Halts U.S. Enforcement of Brazilian Judgment

Practice Areas: International Law (Public)

U.S. District Court, Southern District

Consolidated Energy Design Inc. v. The Princeton Club of N.Y., 13 Civ. 8747

Breach Claim Untimely, Promissory Estoppel Not Shown in Action Over Unpaid Services

Practice Areas: Contracts , Breach

U.S. Court Of Appeals, Second Circuit

U.S.A. v. Bussey, 13-1180-cr

State Incarceration in Connection With State Conviction, Tolled Federal Supervision Term

Practice Areas: Criminal Law , Appellate Law - Criminal

U.S. District Court, Northern District

Stanley v. Optuminsight, Inc., 1:13-CV-00944

RICO, Punitive Damages Claims' Dismissal In Suit Over Unpaid Commissions Explained

Practice Areas: Labor and Employment , Employment Contracts , White Collar Crime , RICO , Fraud (White Collar)

U.S. District Court, Southern District

Citigroup Global Markets Inc. v. All Children's Hospital, Inc., 13 Civ. 8558

Compact's Merger, Forum Clauses Require Litigation, Displace FINRA Arbitration Rule

Practice Areas: Alternative Dispute Resolution , Arbitration (ADR) , Securities and Federal Corporate Law , Contracts , Interpretation