Decisions

Federal Court Decisions

U.S. District Court, Southern District

Arturo Moreira, Plaintiff v. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant, 13 Civ. 4850

Law Judge Erred by Failing to Develop Record Before Denying Income, Disability Benefit Claims

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

U.S. District Court, Southern District

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

Victim May Testify About Sexual Assault During Hobbs Act Robbery, Kidnapping

Practice Areas: Evidence , Relevance , Prior Bad Acts , Criminal Law

U.S. District Court, Western District

Weld-Tech Aps, Plaintiff/Counter-Defendant v. Aquasol Corporation, Defendant/Counter-Plaintiff, 13-CV-1048S

New York Maker of 'EZ-Purge' Device Is Mark's Senior User Over Danish Firm

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

U.S. District Court, Southern District

United States of America, Plaintiffs v. Roberto Hernandez et al., Defendants, 14 Cr. 499 (KBF)

Judge Rejects Motion to Bring in Coordinating Attorney

Practice Areas: Criminal Law , Evidence

U.S. District Court, Southern District

Raymond T. Kim, Plaintiff v. Korea Trade Promotion-Investment Agency (a/k/a "Kotra"), et al., Defendants, 13-cv-7576

Age Discrimination Suit Dismissed; Korea Trade Body, Officers Immune Under FSIA

Practice Areas: Labor and Employment , Discrimination , Age Discrimination , International Law (Public)

U.S. District Court, Southern District

Raymond Jason Hensley, et al., Plaintiffs v. IEC Electronics Corp., et al., Defendants, 13-CV-4507

'Core Operations Doctrine' Rejected In Dismissal of Securities Fraud Case

Practice Areas: Securities and Federal Corporate Law , Securities Fraud

U.S. District Court, Eastern District

In re: Fiorano Tile Imports, Inc., Debtor, 13-CV-4637

Appeal of Amended Plan's Confirmation Mooted by Payments Consummating Plan

Practice Areas: Bankruptcy , Creditors

U.S. District Court, Southern District

Scott Einiger, Plaintiff v. Citigroup, Inc., Defendant, 1:14-cv-4570

Copyright Act Preempts Unjust Enrichment, Quantum Meruit Claims Over Bank Program

Practice Areas: Intellectual Property , Copyrights , Licensing (Copyright) , Contracts , Breach , Banking and Financial Institutions

U.S. District Court, Northern District

Christopher Burns, Plaintiff v. Jamie Fumarola, Defendant, 1:12-CV-1432

Court Officer Not Immune in Lawyer's Rights Action After Arrest for Courtroom Behavior

Practice Areas: Civil Rights , Legal Profession , Torts

U.S. District Court, Southern District

United States of America ex rel., Henryk Krol, on behalf of himself and all others similarly situated, Plaintiffs v. Arch Insurance Company, Defendant, 13-cv-449

Action for Wages Due Under Davis-Bacon Act On Miller Act Bond Issued by Insurer Dismissed

Practice Areas: Labor and Employment , Wages and Hours , Administrative Law , Insurance Law

U.S. District Court, Southern District

Lenny Encarnacion, Plaintiff v. Isabella Geriatric Center, Eileen Casey, Mariam Paul, and Edwin Santiago, Defendants, 11 Civ. 3757

Despite Untimely Demand, 'Higgins' Factors Favor Jury Trial; Strike Motion Is Denied

Practice Areas: Civil Procedure , Trial , Labor and Employment , Discrimination , Motion Practice

U.S. District Court, Western District

The United States of America ex rel., Kevin Grupp and Robert Moll, Plaintiffs v. DHL Express (USA), Inc., DHL Worldwide Express, Inc., and DPWN Holdings (USA), Inc., (f/k/a DHL Holdings (USA), Inc.), Defendants, 08-CV-301C

False Claims Suit Over Delivery Firm's Jet Fuel Surcharge on Ground Deliveries Is Dismissed

Practice Areas: Torts

U.S. District Court, Eastern District

Cano v. The City of New York, 13-cv-3341 (WFK) (VVP)

Lawsuit Proceeds Claiming 'Repulsive' City Booking Facility

Practice Areas: Civil Rights , Criminal Law

U.S. District Court, Southern District

Mediterranean Shipping Company (USA) Inc., Plaintiff v. American Cargo Shipping Lines, Inc., Defendant, 13-cv-6357

'Agent' Status Renders Shipper Not Liable For Charges Over Cargoes' Late Pick Up

Practice Areas: Admiralty , Contracts , Breach

U.S. District Court, Southern District

Fox News Network, LLC, Plaintiff v. TVEyes, Inc., Defendant, 13 Civ. 5315

Broadcast Monitor's Database a 'Fair Use' Protecting Against Infringement Claims

Practice Areas: Intellectual Property , Copyrights , Infringement (Copyright) , Communications and Media Law

U.S. District Court, Eastern District

United States of America, Plaintiff v. James Pass, Defendant, 13-cr-557

Gun, Pack Contents Not Suppressed; Store's Guards Were Not Government Agents

Practice Areas: Criminal Law

U.S. District Court, Southern District

United States of America, Plaintiff v. Tyrone Brown, et al., Defendants, 13 Cr. 345

Indictment Charging Kidnapping Violating 'Federal Kidnapping Statute' Not Dismissed

Practice Areas: Criminal Law , Constitutional Law

U.S. Court of Appeals, Second Circuit

Monique Jackson, Plaintiff-Appellant v. Federal Express, Defendant-Appellee, 12-1475-cv

Circuit Sees 'Abandonment' of Unmentioned Claims in Motion

Practice Areas: Civil Procedure , Appellate Law - Civil , Motion Practice

U.S. District Court, Eastern District

United General Title Insurance Company, Appellant v. Chris Karanasos, a/k/a Christoforos Karanasos, Appellee, 13-CV-7153

Bankruptcy Court Erred in Finding Property Not Conveyed to Hide Interest From Creditors

Practice Areas: Bankruptcy , Residential and Commercial Real Estate

U.S. District Court, Southern District

Daniel A. Cea and Raymond Bowley, Plaintiffs v. Russell Potter, Karl Brabanec,1 and Access 23 TV, Defendants, 11-cv-3791

No Showing of Politicians' Conspiracy With TV Station to Deprive Show Hosts of Rights

Practice Areas: Civil Rights , Evidence , Hearsay , Communications and Media Law

U.S. District Court, Southern District

Julio Perez, Plaintiff v. Progenics Pharmaceuticals, Inc., Defendant, 10-CV-8278

Drug Firm Denied Reconsideration of Judgment's Denial in Chemist's SOX Whistle-Blower Case

Practice Areas: Labor and Employment , Whistle-blower Law , Hiring/Firing

U.S. District Court, Eastern District

United States of America, Plaintiff v. Nachama Hirsch, Defendant, 10-CV-1006

Summary Judgment's Denial in Suit to Recover $1.4 Million in Taxes From Divorcee Explained

Practice Areas: Taxation , Bankruptcy

U.S. District Court, Eastern District

Colony Insurance Company, Plaintiff v. Danica Group, LLC, Defendant, 13-CV-1714

Insurer's Suit to Enforce Policies Dismissed Under N.Y.'s Election of Remedies Doctrine

Practice Areas: Civil Procedure , Insurance Law

U.S. District Court, Southern District

Vincent Patrick McCrudden, Plaintiff v. National Futures Association et al., Defendants, 13CV6930

Regulators' Immunity From Damages Action Alleging Antitrust Law Breaches Explained

Practice Areas: Administrative Law , Securities and Federal Corporate Law , Torts

U.S. District Court, Southern District

Alfred Johnson, Plaintiff v. City University of New York, d/b/a Medgar Evers College, Defendant1, 14-CV-587

Work Harassment Cannot Form Basis for Title VII Suit Absent Membership in Protected Class

Practice Areas: Labor and Employment , Labor Law , Working Conditions , Civil Rights

U.S. District Court, Northern District

Barton Mines Company, L.L.C., Plaintiff v. Ricky Miller, Defendant, 1:14-CV-1003

Court Explains Refusal to Issue TRO Grounded On Knowledge of Proprietary Information

Practice Areas: Labor and Employment , Employment Contracts , Civil Procedure , Provisional Remedies

U.S. Bankruptcy Court, Northern District

In re: Darryl F. Carl, Debtor(s), 12-10122

Citing Asset Transfers, Judge Denies Discharge

Practice Areas: Bankruptcy

U.S. District Court, Southern District

In re: Dreier LLP, Debtor, 14 Civ. 2353

Record Insufficient to Decide Firm's Entitlement To Constructive Trust, Unsecured Creditor Status

Practice Areas: Bankruptcy , Legal Profession , White Collar Crime , Fraud (White Collar)

U.S. District Court, Southern District

Bernard Gelb, Plaintiff v. Federal Reserve Bank of New York, Defendant, 1:12-cv-04880

New York Fed Denied Judgment in FOIA Case Due to Inadequately Detailed Declaration

Practice Areas: Civil Procedure , Banking and Financial Institutions

U.S. District Court, Northern District

Earlene House, Plaintiff v. Commissioner of the Social Security Administration, Defendant, 6:13-cv-785

Evidence Supports ALJ's Finding of Residual Capacity for Sedentary Work During 2010

Practice Areas: Social Services Law

U.S. District Court, Southern District

New York Bankers Association, Inc., Plaintiff v. City of New York, et al., Defendants, 13 Civ. 7212 (KPF)

Banks Set Back Over Standing In Challenge to City Law

Practice Areas: Banking and Financial Institutions

U.S. District Court, Southern District

Gregory A. Goodwine, Sr., Petitioner v. Superintendent William Lee, Respondent, 10cv6019

Bid to Disqualify DA's Office Due to Prosecutor's Alleged Breach of State Discipline Rules Rejected

Practice Areas: Legal Profession , Criminal Law , Evidence , Witnesses

U.S. District Court, Southern District

Vulcan Capital Corporation, Plaintiff v. Miller Energy Resources, Inc., and PlainsCapital Bank, Defendants, 13-cv-8751

Share Warrants Rescission Action's Transfer To District Court Serving Dallas Is Explained

Practice Areas: Civil Procedure , Venue , Banking and Financial Institutions , Securities and Federal Corporate Law , Private Equity

U.S. District Court, Western District

The PACA Trust Creditors of Lenny Perry's, Inc., Appellant/Appellee v. Genecco Produce, Inc., Appellee/Appellant, 14-MC-036

Bankruptcy Court Must Decide if Debt Is PACA Trust Ineligible for Set-Off

Practice Areas: Bankruptcy , Creditors

U.S. Court of Appeals, Second Circuit

Safelite Group v. Jepsen, 13-4761-cv

Circuit Said State Law Restricts Commercial Speech

Practice Areas: Constitutional Law , Insurance Law , Automotive

U.S. District Court, Southern District

Jessenia Vazquez, as administrator of the Estate of Israel Vasquez, Plaintiff v. City of New York et al., Defendants, 10-CV-6277 (JMF)

Lawsuit by Widow of Wrongfully Convicted Goes Forward

Practice Areas: Civil Rights

U.S. District Court, Eastern District

CSX Transportation, Inc., Plaintiff v. Emjay Environmental Recycling, Ltd., Defendant, 12-CV-1865

Rail Carrier Granted Judgment on Bid for Note's Unpaid Balance, Unpaid Freight Charges

Practice Areas: Contracts , Breach , Transportation , Environmental Law

U.S. District Court, Southern District

Capitol Records LLC, Plaintiff v. ReDigi Inc., et al., Defendants, 12-cv-95

Complaint Adequately Alleges Firm Officers Involved in, Liable for Infringing Activities

Practice Areas: Intellectual Property , Copyrights , Infringement (Copyright) , Business Entities , Personal Liability

U.S. District Court, Southern District

Zaratzian v. Abadir, 10 CV 9049

Wiretap Act Claim Proceeds After Man Gets Ex-Wife’s Email

Practice Areas: Family Law , White Collar Crime

U.S. Court of Appeals, Second Circuit

United States of America, Appellee v. Lyubov Groysman, Defendant-Appellant, 13-1031

Circuit Orders New Trial After Hearsay Errors

Practice Areas: Health Law

U.S. District Court, Northern District

John David Lepre, Plaintiff v. New York State Insurance Fund; The United States Inc.; and the State of New York, Defendants1, 1:13-CV-0926

EPA Action Objector's Claims Against U.S. Untimely; Sovereign Immunity Not Waived

Practice Areas: Civil Procedure

U.S. District Court, Eastern District

Jamal M. Safa, Plaintiffs v. Deutsche Lufthansa Aktiengesellschaft, Inc., a foreign corporation, Defendant, 12-cv-2950

Traveller Suffering Medical Emergency Denied Damages; Crew Followed Airline Policy, Procedure

Practice Areas: Transportation , Torts

U.S. District Court, Southern District

Philip Morris USA Inc., Plaintiff v. Los Corazones Deli Grocery Inc., et al., Defendants, 09-cv-9608

Court's $5,000 Coercive Fine on Deli Selling Counterfeit Marlboro Cigarettes Explained

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

U.S. District Court, Southern District

In re Credit Default Swaps Antitrust Litigation, 13md2476 (DLC)

Practice Areas: Antitrust

U.S. Court of Appeals, Second Circuit

Twersky v. Yeshiva University, 14-365-cv

Dismissal of Sex Abuse Case Against Yeshiva Upheld

Practice Areas: Torts , Education Law

U.S. District Court, Eastern District

Easton Stevens, et al., Plaintiffs v. HMSHost Corporation, et al., Defendants, 10 CV 3571

Overtime Suit Decertified as Collective Action; FLSA Exemption Decision Needs Individual Proof

Practice Areas: Labor and Employment , Wages and Hours

U.S. District Court, Eastern District

Marisa Trachtenberg, Plaintiff v. Failedmessiah.com and Shmayra Rosenberg, Defendants, 14 Civ. 1945

Lack of Jurisdiction Over Defamation Claim Arising From Web Site Article Is Explained

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Torts , Intentional Torts , Defamation

U.S. District Court, Northern District

American Tax Funding, LLC, Plaintiff v. City of Syracuse, Defendant, 5:12-CV-290

Indemnification Clauses Do Not Authorize Legal Fee; Unjust Enrichment Claim Is Precluded

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

U.S. District Court, Southern District

Shawnlee Construction, LLC, Plaintiff v. J.K. Scanlan Company, Inc., and Arch Insurance Company, Defendants, 12 Civ. 3346

Record, Inconsistencies Prevent Judgment That Payment Claims Untimely Under Bond

Practice Areas: Contracts , Breach , Insurance Law , Policy Terms , Residential and Commercial Real Estate

U.S. District Court, Southern District

In Re A2P SMS Antitrust Litigation, 12-CV-2656

Order That Arbitrator Must Decide if Class, Individual Arbitration Needed Is Not Stayed

Practice Areas: Alternative Dispute Resolution , Arbitration (ADR) , Antitrust

U.S. Court of Appeals, Second Circuit

United States of America, Appellee v. Thomas Komasa, Heidi Komasa, Defendants-Appellants, 13-1534-cr (L)

Actual Notice Finding Not Clear Error in Mortgage Applications' Admission as Self-Authenticating

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

U.S. District Court, Northern District

Eufrosina Diaconu, Plaintiff v. County of Franklin, et al., Defendants, 8:13-CV-0317

Fraud Claims Over Parcels Bought at Auction Ruled Untimely, Barred by 'As Is' Disclaimers

Practice Areas: Torts , Intentional Torts , Fraud (Torts) , Residential and Commercial Real Estate , Civil Procedure , Statute of Limitations

U.S. District Court, Eastern District

Barry Knudsen, Petitioner v. United States of America, Internal Revenue Service, and Gregory Allison, IRS Agent, Respondents, 13-CV-2269

IRS Summons, For Collection, Not Quashed; Jurisdiction Under 26 USC §7609 Not Shown

Practice Areas: Civil Procedure , Motion Practice

U.S. District Court, Southern District

In Re Aluminum Warehousing Antitrust Litigation, 13-md-2481 (KBF)

U.S. District Court, Western District

Dennis Delano, Plaintiff v. City of Buffalo, et al., Defendants, 10-CV-922S

Judge Tosses Ex-Detective's Civil Rights Lawsuit

Practice Areas: Constitutional Law , Civil Rights

U.S. District Court, Southern District

In re Celestica Inc. Sec. Litig, 07 Civ. 0312

Securities Fraud Action's Lead Plaintiffs Granted Judgment as to Class-Wide Reliance

Practice Areas: Securities and Federal Corporate Law , Securities Fraud

U.S. District Court, Southern District

Fondation Dixhuit, Plaintiff v. Pruco Life Insurance Company of New Jersey, Defendant, 14-CV-2165

Court Explains Refusal to Stay, Dismiss Breach Case in Favor of Fraud Action in Liechtenstein

Practice Areas: Civil Procedure , Insurance Law

U.S. District Court, Southern District

New American Restoration, Inc., Plaintiff v. WDF, Inc., Defendant, 10 Civ. 3638

Subcontractor Can Recover Only $45,508 For 'Change Order' Work Not $373,976

Practice Areas: Contracts , Breach

U.S. District Court, Eastern District

Weifang Xinli Plastic Products, Plaintiff v. JBM Trading Inc., Chao Ming Zhen a/k/a Kevin M. Zhen, Defendants, 1:11-cv-2710

Default Judgment Not Vacated; Due Diligence Satisfied, Service Proper Under CPLR §308(4)

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

U.S. District Court, Southern District

Premier Fabrics, Inc., Plaintiff v. Woodland Trading Inc., et al., Defendants, 13-cv-7522

Voluntary Dismissal Notice Ineffective; Only Contributory Infringement Claim Dismissed

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

U.S. District Court, Southern District

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

Scheindlin Dismisses Claims Ford and IBM Aided Apartheid

Practice Areas: Torts , International Business and Commercial Law , Appellate Law - Civil

U.S. District Court, Southern District

MF Global Holdings Ltd., as Plan Administrator, Plaintiff v. Pricewaterhousecoopers LLP, Defendant, 14-cv-2197 (VM)

$1 Billion Lawsuit Stands Against Accounting Firm

Practice Areas: International Business and Commercial Law

U.S. District Court, Eastern District

Vera Gorfinkel, Plaintiff v. Ralf Vayntrub, Invar Consulting Ltd., Genometrica Ltd., and Genometrica Research, Inc., Defendants, 13-CV-3093

University's Finding of Non-infringement Lacks Binding Res Judicata Effect on Court

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

U.S. District Court, Southern District

In re: Madison Bentley Associates, LLC, Debtor, 14-cv-2315

Trustee May Assert Claims Against Firms As Alter Egos of Bankrupt Auto Dealership

Practice Areas: Bankruptcy , Business Entities , Insurance Law , Automotive

U.S. District Court, Northern District

Charles Malmberg, Plaintiff v. United States of America, Defendant, 5:06-CV-1042

Calculation of $4.46 Million Award to Man Hurt by VA's Medical Malpractice Explained

Practice Areas: Torts , Damages , Medical Malpractice

U.S. District Court, Southern District

Wesam El-Hanafi, Plaintiff(s) v. United States of America, et al., Defendant(s), 1:13-cv-2072

Supreme Court Rulings Bar Inmate's Bivens Claims Against Prison's Medical Care Providers

Practice Areas: Civil Rights , Torts

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

Motorola Credit Corporation and Nokia Corporation, Plaintiffs Motorola Credit Corporation and Nokia Corporation, Plaintiffs v. v. Kemal Uzan, et al., Defendants Kemal Uzan, et al., Defendants, 02-cv-666 02-cv-666

Jordan Dubai Islamic Bank Deemed Not a 'Uzan Proxy' After August 2013

Practice Areas: Civil Procedure

U.S. District Court, Southern District

Lee E. Buchwald, as Trustee for Magnesium Corporation of America and Related Debtor, Renco Metals, Inc., Plaintiff v. The Renco Group, Inc., et al., Defendants, 13-cv-7948

Bid to Limit Trustee to Introducing Testimony By Deposition, Cross Exam Was 'Gamesmanship'

Practice Areas: Evidence , Witnesses , Civil Procedure , Motion Practice

U.S. District Court, Eastern District

Jane E. Meisse Shuford, Plaintiff v. United States of America, Defendant, 13-CV-6303

FTCA Suit Closed Pending Decision if Claims Covered by Federal Employees Compensation Act

Practice Areas: Torts

U.S. District Court, Eastern District

Babylon Landfill Joint Defense Group, Plaintiff v. 1042 Collision Repairs, Inc., et al., Defendants, 11-CV-5387

Court Explains Approval of $20,008 Per Capita Recovery of CERCLA Contributions to State

Practice Areas: Environmental Law , Civil Procedure