Decisions

Federal Court Decisions

U.S. District Court, Southern District

Aldo Vera, Jr., as Personal Representative of the Estate of Aldo Vera, Sr., Plaintiff v. The Republic of Cuba, Defendant, 12 Civ. 1596 (AKH)

Judge Upholds Cuban Victims' Case Against Spanish Bank

Practice Areas: Banking and Financial Institutions

U.S. District Court, Southern District

Veleron Holding, B.V., Plaintiff v. BNP Paribas SA, et al. Defendants, 12-CV-5966

Dutch Firm Must Disclose Communications With Counsel Based in Russia, Netherlands

Practice Areas: Civil Procedure , Discovery , Legal Profession , Securities and Federal Corporate Law , Securities Fraud

U.S. District Court, Southern District

Times Three Clothier, LLC, Plaintiff v. Spanx, Inc., Defendant, 13cv2157

Patent Holder's Second Amended Disclosure Of Infringement Contentions Denied Strike

Practice Areas: Intellectual Property , Patents , Infringement (Patents) , Civil Procedure , Discovery , Evidence , Expert Witnesses

U.S. District Court, Western District

Lonnie Huckabone, Plaintiff v. City of Jamestown, N.Y., at al., Defendants, 09-CV-602-A

Pro Se Complaint Dismissed as Time Barred; RICO Claims Well Beyond Limits Statute

Practice Areas: Civil Rights , White Collar Crime , RICO , Civil Procedure , Statute of Limitations

U.S. District Court, Eastern District

Christine Winter, Plaintiff v. Novartis Pharmaceuticals Corporation, Defendant, 14-CV-2885

Jurisdiction Over Enforcement Action Lacking; Judgment Not Registered Under 26 USC §1963

Practice Areas: Civil Procedure , Jurisdiction and Service of Process

U.S. District Court, Southern District

Consuelo Delvalle, Plaintiff v. Airport Shoppes and Hotels Corp., et al., Defendants, 13-cv-8308

Company Moved to Connecticut Before Suit Brought; Diversity Action Not Remanded

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

U.S. District Court, Northern District

Sam Davis; and Amira Davis, Plaintiffs v. The Standard Fire Ins. Co., Defendant, 3:12-CV-1520

Homeowner Entitled to Judgment for Sewage Damage to Home, Property, But Not Legal Fee

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

U.S. Court of Appeals, Second Circuit

United States of America, Appellee v. Volkan Mergen, Defendant-Appellant, 12-2873-cr

Error Leads Circuit to Order New Trial for Mob Informant

Practice Areas: Criminal Law , Appellate Law - Criminal

U.S. District Court, Southern District

Alvern James, Plaintiff v. Westchester County, Defendants, 13-cv-0019

Court Explains Why County Is Not Liable For Jail Inmate's Burns From Kitchen Work

Practice Areas: Civil Rights

U.S. District Court, Southern District

Tammy Osby, Plaintiff v. City of New York, Defendant, 13 Civ. 8826

Probation Officer Fails to State ADA Disability Bias Claim; ADEA, Title VII Remedies Still Exist

Practice Areas: Labor and Employment , Discrimination , Disability Discrimination

U.S. District Court, Southern District

Beautiful Home Textiles (USA), Inc., et al., Plaintiffs v. Burlington Coat Factory Warehouse Corporation, Defendant, 13 Civ. 1725

Only Parties' Contract Breach Claims Survive In Action Over Nonconforming Bed Sheets

Practice Areas: Contracts , Breach , Sales (Article II of UCC)

U.S. Court of Appeals, Second Circuit

Ronald Nunn and Donald Vaden, Plaintiffs-Appellants v. Massachusetts Casualty Insurance Company, NKA Centre Life Insurance Company, Defendant-Appellee, Sun Life Assurance Company of Canada, Defendant, 12-3712-CV

District Court Erred In Incorrectly Applying Pennsylvania's Reasonable Expectations Doctrine to Former Professional Basketball Referees' Reformation Claims and In Finding Contract Breach Claims Time-Barred

Practice Areas: Insurance Law , Policy Terms , Labor and Employment , Employee Benefits , Pensions and Other Retirement Benefits

U.S. Court of Appeals, Second Circuit

United States of America, Appellee v. Gary McIntosh, Defendant-Appellant, 11-1936-cr

District Court Did Not Err in Declining to Instruct Jury That It Must Unanimously Agree About Which Means of Commission Set Forth in 18 USC §111(a) Was Proved Beyond Reasonable Doubt; Sentence Imposed Was Substantively, Procedurally Reasoanble

Practice Areas: Criminal Law

U.S. District Court, Southern District

E.E. Cruz & Company, Inc., Plaintiff v. Teamsters and Chauffeurs Union Local No. 456, Defendant, 13-cv-6306

Arbitrator Must Decide If Union's Grievance Over Non-Unionized Workers Is Grievable

Practice Areas: Alternative Dispute Resolution , Arbitration (ADR) , Contracts , Labor and Employment , Labor Law

U.S. District Court, Southern District

John Flynn, Sr., et al., Plaintiffs v. National Asset Management Agency/National Asset Management Limited, et al., Defendants, 13-cv-09035

Finding That Ireland Is Adequate Forum for Suit Over Irish Bank Loan Not Reconsidered

Practice Areas: Civil Procedure , Banking and Financial Institutions

U.S. District Court, Eastern District

Ernestine McClain, Plaintiff v. New York State Department of Taxation and Finance, Defendant, 13-CV-3104

Eleventh Amendment Immunizes Tax Agency From ADEA, ADA Claims; EEOC Remedies Remain

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

U.S. District Court, Western District

Kenneth Little and Albert Cafferelli, Plaintiffs v. Landsman Development Corporation and Phillips Village Preservation L.P., Defendants, 12-CV-6386T

Sod-Covered Inclines Are Not 'Ramps' as Defined by State's Building Code and Reqired by Agreement Settling Disabled Tenants' Lawsuit Over Fair Housing Act Violations

Practice Areas: Landlord/Tenant Law , Contracts , Breach

U.S. District Court, Eastern District

Christian Von Rabenstein, Plaintiff v. Sealift, Inc., Sagamore Shipping, Inc. and Sagamore Shipping LLC, Defendants, 10-CV-4336

Ship's Owner, Managing Agent Granted Judgment in Injured Seaman's Jones Act Suit Alleging Unseaworthiness, Unpaid Maintenance and Cure; Spoliation Sanctions Denied

Practice Areas: Admiralty

U.S. District Court, Eastern District

Richard W. Dauphin, Plaintiff v. Crownbrook ACC LLC, Defendant, 12-CV-2100

Judgment for Plaintiff on Promissory Note Default Claims Underlying Former Employer's Counterclaims of Contract Breach, Trade Secret Misappropriation Is Ordered

Practice Areas: Contracts , Breach , Labor and Employment , Hiring/Firing , Intellectual Property , Trade Secrets

U.S. Court of Appeals, Second Circuit

Jorge Luna Torres, Petitioner v. Eric H. Holder, Jr., Attorney General of the United States, Respondent*, 13-2498

Deportation for Felony Lacking Federal Element Upheld

Practice Areas: Immigration Law , Appellate Law - Civil

U.S. District Court, Southern District

Global Reinsurance Corporation of America, Plaintiff v. Century Indemnity Company, Defendant, 13 Civ. 06577

Certificates' 'Reinsurance Accepted' Sections Capped Reinsurer's Liability on Asbestos Claims

Practice Areas: Insurance Law , Policy Terms

U.S. District Court, Southern District

Aulistar Mark and Andrew Hudson, Individually and on behalf of all others Similarly Situated, Plaintiffs v. Gawker Media LLC and Nick Denton, Defendants, 13-cv-4347

Collective FLSA Action Over Gawker's Use Of Interns Is Conditionally Certified

Practice Areas: Labor and Employment , Wages and Hours

U.S. District Court, Eastern District

Russel Dover, et al., Plaintiffs v. British Airways, PLC (UK), Defendant, CV 2012-5567

Court Explains Refusal to Compel Production Of Inadvertently Disclosed Spreadsheets

Practice Areas: Civil Procedure , Discovery

U.S. District Court, Southern District

Kuehne & Nagel Inc., Plaintiff v. A.G.R. Eshcol Overseas, Ltd., d/b/a A.G.R. Eshcol Overseas (1993) Ltd., Defendant, 13 Civ. 8919

Israel Is Superior Forum for Overbilling Claims Over Air Transport of U.S. Military Equipment

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

U.S. Court of Appeals, Second Circuit

Weinong Lin, Petitioner v. Eric H. Holder, Jr., United States Attorney General, Respondent, 12-179-ag

Circuit Seeks Guidance on Asylum Standards

Practice Areas: Immigration Law , Appellate Law - Civil

U.S. District Court, Eastern District

Musya Korotkova, Plaintiff v. United States of America, Defendant, 12 CV 2436

Government Not Liable for Slip and Fall Injury At Ice Rink Run by Independent Contractor

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

U.S. District Court, Southern District

Agence France Presse, Plaintiff v. Daniel Morel, Defendant Getty Images (US), Inc., et al., Counterclaim Defendants, 10-cv-2730

Court Explains Alteration of $1.22 Million Infringement Award to Photojournalist

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

U.S. District Court, Eastern District

Dafeng Hengwei Textile Co., Ltd., Plaintiff v. Aceco Industrial & Commercial Corporation, et al., Defendants, CV-13-5829

Attachment Order Authorizing Residence's Levy by U.S. Marshal Should Be Vacated

Practice Areas: Civil Procedure , Motion Practice , Contracts , Breach , Business Entities , Personal Liability

U.S. District Court, Southern District

Angelique Tocco, Plaintiffs v. Real Time Resolutions, Inc., Defendant, 14cv810

Secondary Debt Collectors Must Give Notice, Judge Says

Practice Areas: Residential and Commercial Real Estate

U.S. District Court, Northern District

Brunswick Central School District, Plaintiff v. Gill Montague Regional School District, Defendant, 1:13-CV-0445 (LEK/RFT)

School District Denied Right to Sue Under IDEA

Practice Areas: Education Law

U.S. District Court, Southern District

Alexander Interactive Inc., et al., Plaintiffs v. Adorama, Inc., et al., Defendants, 12-cv-6608 (PKC)(JCF)

Judge Backs Admonishment of Lawyer for Profane Email

U.S. District Court, Southern District

David McKay, Plaintiff v. The City of New York, et al., Defendants, 13 Civ. 2948

Officer Reasonably Concluded That Vestibule Was Not 'Open to the Public' at Time of Arrest

Practice Areas: Criminal Law

U.S. District Court, Southern District

Access 4 All, Inc., et al., Plaintiffs v. Mid-Manhattan Hotel Associates LLC, Defendant, 13-CV-7995

Court Finds Fees Sought by Plaintiffs' Counsel in ADA Action to Be Excessive

Practice Areas: Legal Profession , Attorney Fee Recovery

U.S. District Court, Southern District

Ann T. Shafer, Plaintiff v. The American University in Cairo, Lisa Anderson, and Bruce Ferguson, Defendants, 12-CV-9439

Issue of Fact Exists as to Whether Employee Was Retaliated Against for Her Complaint

Practice Areas: Labor and Employment , Discrimination

U.S. District Court, Eastern District

Nicholas A. Owoyemi, pro se, Plaintiff v. JPMorgan Chase & Co., and Chase Investment Services Corp., Defendants, 10-cv-6001

Arbitrator May Exercise Discretion to Permit Defenses Not Included in Defendants' Answer

Practice Areas: Alternative Dispute Resolution , Arbitration (ADR)

U.S. District Court, Eastern District

Frank Frasco et al., Plaintiffs v. Mastic Beach Property Owners' Association et al., Defendants, 12-CV-2756

Plaintiffs Alleging Denial of Memberships Did Not Suffer Constitutional Injury

Practice Areas: Constitutional Law

U.S. District Court, Eastern District

Angela Lavi Mottahedeh, as Trustee of The Trust Agreement dated November 8, 1993, Plaintiff v. The United States of America, Defendant, 12-CV-3641

Suit Based on 2009 Levy Did Not Put U.S. on Notice of Claim Based on Subsequent Levy

Practice Areas: Taxation

U.S. District Court, Eastern District

Sarah Cordova and Glen Cordova, Plaintiffs v. Smith & Nephew, Inc., Defendant, 14-CV-351 (JFB)(ARL)

Medical Device Amendments Preempt Design Defect, Failure to Warn Claims

Practice Areas: Products Liability , Design Defect , Failure to Warn

U.S. Court of Appeals, Second Circuit

Liu Meng-Lin, Plaintiff-Appellant v. Siemens Ag, Defendant-Appellee, 13-4385-cv

Circuit Sides With Siemens in FCPA Whistleblower Case

Practice Areas: Securities and Federal Corporate Law , Whistleblowing , White Collar Crime , Foreign Corrupt Practices Act

U.S. District Court, Northern District

United States of America, Plaintiff v. Craig R. Fritzsch, Defendant, 3:12-CV-0906 (GTS/DEP)

Judge Directs Lawyer to Repay Old Student Loan

U.S. District Court, Southern District

Agence France Presse, Plaintiff Daniel Morel, Defendant v. v. Getty Images (US), Inc., et al., Counterclaim Defendants, 10-cv-2730(AJN)

Willkie Preserves Copyright Win for Haitian Photographer

Practice Areas: Intellectual Property

U.S. Bankruptcy Court, Southern District

In re: Bernard L. Madoff Investment Securities LLC, Debtor, 08-99000 (SMB); 08-01789 (SMB)

Judge Trims Madoff Trustee's Claims Against Merkin Funds

Practice Areas: White Collar Crime

U.S. District Court, Southern District

RCJV Holdings, Inc., Plaintiff v. Collado Ryerson, S.A. De C.V., Coryer, S.A. DE C.V., and Natixis, Defendants, 11 Civ. 2854

Fact Issues Exist on Contract's 'Paranthetical Exception'; Event of Default Provision Trumped by Subordination Provision But Controlling Contract Language Requires Fulfillment of Guarantor Obligations

Practice Areas: Contracts , Breach , Interpretation , Creditors’ and Debtors’ Rights

U.S. District Court, Southern District

Deirdre Chiaramonte, Plaintiff v. The Animal Medical Center, et al., Defendants, 13 Civ. 5117

Female Veterinarian Sufficiently Alleges Equal Pay Act Claim Against Hospital

Practice Areas: Labor and Employment , Discrimination , Sex Discrimination

U.S. District Court, Southern District

Benihana of Tokyo, LLC, as Successor to Benihana of Tokyo, Inc., Plaintiff v. Benihana Inc., as successor to Benihana National Corp.; Noodle Time, Inc., Defendants, 14 Civ. 224

License Agreement Provides for Compulsory Arbitration Only as to Certain Disputes

Practice Areas: Contracts , Interpretation

U.S. Court of Appeals, Second Circuit

In re Alexander Kran, III, 13-1931

Firm Fails to Show Missing Records Needed To Ascertain Debtor's Financial Condition

Practice Areas: Civil Procedure , Discovery

U.S. District Court, Eastern District

St. Francis Hospital, Plaintiff v. Kathleen Sebelius, in her official capacity as Secretary, United States Department of Health and Human Services, Defendant, 09 CV 1528

Hospital Does Not Have Fundamental Right In the Finality of Initial Determination

Practice Areas: Administrative Law

U.S. Court of Appeals, Second Circuit

In re Adderall XR Antitrust Litigation, 13-1232

Drug Makers' Violation of Sherman Act by Breach of Contracts to Supply Competing Manufacturers With Unbranded Version of Widely Prescribed Patented Drug Did Not Give Rise to Enforceable 'Duty to Deal' with Wholesale Dealers of Pharmaceutical Products

Practice Areas: Antitrust , Antitrust and Intellectual Property , Intellectual Property , Patents

U.S. Court of Appeals, Second Circuit

Lotes Co., Ltd., Plaintiff-Appellant v. Hon Hai Precision Industry Co., Ltd, Foxconn International Holdings, Ltd., Foxconn Electronics, Inc., Foxconn International, Inc., aka Foxcomm International, Inc., Defendants-Appellees Foxconn (Kunshan) Computer Connector Co., Ltd., Defendant, 13-2280

Requirements of Foreign Trade Antitrust Improvements Act Are Nonjurisdicitonal; Effect of Chinese Electronic Firms' Conduct on U.S. Domestic or Import Commerce Did Not Give Rise to Taiwanese Electronic Manufacturer's Claims

Practice Areas: Antitrust , Antitrust and Intellectual Property

U.S. District Court, Western District

Christopher Tyo, Plaintiff v. Lakeshore Hockey Arena, Inc., and Bruce Rizzo, Defendants, 11-CV-6239

Calculation of Reduced $16,695 Fee Award, $1,609 in Costs in Hockey Arena Worker's FLSA Suit to Recover Vacation, Overtime Wages Is Explained

Practice Areas: Legal Profession , Attorney Fee Recovery , Labor and Employment , Wages and Hours

U.S. District Court, Eastern District

The Gerffert Company, Inc. & Stephen Panigel, Plaintiffs v. James Dean, et al., Defendants, 09-CV-266

Claims' Dismissal, Without Prejudice, For Lack of Complete Diversity Is Explained; Claims Do not Emanate From Same 'Nucleus of Operative Fact' as Lanham Act Trade Dress infringement Claim

Practice Areas: Contracts , Breach , Torts , Intentional Torts , Tortious Interference with Contract , Intellectual Property , Trade Dress

U.S. Court of Appeals, Second Circuit

Federal Trade Commission v. Bluehippo Funding, 11-374-cv

Presumption of Customer Reliance Applied to FTC Penalty

Practice Areas: Consumer Protection , Administrative Law

U.S. District Court, Southern District

Madison 92nd Street Assoc. v. Courtyard Management Corp., 13 Civ. 291

Boies Schiller Sanctioned $271,000 for Case Conflict

Practice Areas: Legal Profession , Attorney Fee Recovery , Antitrust

U.S. District Court, Southern District

Madison 92nd Street Assoc. v. Marriott International, 13 Civ. 291

Boies Schiller Sanctioned $271,000 for Case Conflict

Practice Areas: Legal Profession , Attorney Fee Recovery , Antitrust

U.S. District Court, Western District

Installed Building Products, LLC, Plaintiff v. Scott Cottrell and American Building Systems, Defendant, 13-CV-1112-A

Company Adequately States Claim That Employee Breached Non-Compete Agreement

Practice Areas: Contracts , Interpretation , Labor and Employment , Employment Contracts

U.S. District Court, Eastern District

Innovation Ventures, et al., Plaintiffs v. Ultimate One Dist. Corp., et al., Defendants, 12-CV-5354

Defendant Who Violates Asset Freeze Order Must Deposit Funds Into Clerk's Account

Practice Areas: Civil Procedure

U.S. District Court, Southern District

Bruce Goonan, Plaintiff v. Federal Reserve Bank of New York, Defendant, 12-CV-3859

Employer's Proposed Modifications Did Not Address Employee's Particular Disability

Practice Areas: Labor and Employment

U.S. District Court, Southern District

A.V.E.L.A., Inc., Plaintiff v. The Estate of Marilyn Monroe, Bioworld Merchandising, and Does 1 Through 10, Defendants, 12 Civ. 4828

Estate of Marilyn Monroe Establishes Alter Ego Allegations in Infringement Action

Practice Areas: Civil Procedure , Parties

U.S. District Court, Western District

Jeanne Chambery, Bryan Alexa, and Christopher Peperato, on behalf of themselves and all other employees similarly situated, Plaintiffs v. Tuxedo Junction Inc., Defendant, 12-cv-06539

Court Approves Class Action Settlement Where Reaction of Class Has Been Favorable

Practice Areas: Civil Procedure , Class Actions

U.S. District Court, Western District

United States of America, Plaintiff v. Ronald Tuttle, Defendant, 13-CR-6109

Statement Suppression Not Warranted Where Defendant Voluntarily Spoke With Agents

Practice Areas: Criminal Law

U.S. District Court, Eastern District

Chana Corcia, Plaintiff v. Asset Acceptance, LLC, Defendant, 13-CV-6404

Debt Collection Letter Not False, Deceptive or Misleading to Least Sophisticated Consumer

Practice Areas: Consumer Protection

U.S. District Court, Southern District

Marcio Ramos, individually and on behalf of all others similarly situated, Plaintiff v. Morris Platt, Palisade Construction, LLC, and Palisade Realty, LLC, Defendants, 1:13-CV-8957

Day Laborer Meets Burden to Conditionally Certify a Collective Fair Labor Action

Practice Areas: Civil Procedure , Class Actions

U.S. District Court, Southern District

P.S., et al., Plaintiffs v. New York City Department of Education, Defendant, 13 Civ. 04772

Failure to Conduct Functional Behavior Assessment Is Not a FAPE Deprivation

Practice Areas: Education Law

U.S. District Court, Southern District

Association of Home Appliance Manufacturers, Plaintiff v. The City of New York, Defendant, 13 Civ. 07888 (LGS)

Court Approves City Role in Disposal of Refrigerants

Practice Areas: Consumer Protection , Environmental Law

U.S. District Court, Southern District

Laumann v. National Hockey League, 12-cv-1817

Judge Preserves Claims Over Sports Programming

Practice Areas: Antitrust

U.S. District Court, Southern District

In Re: Platinum and Palladium Commodities Litigation, 10cv3617

Court Certifies Settlement Classes In Commodities Fraud and Antitrust Actions

Practice Areas: Civil Procedure , Class Actions

U.S. District Court, Southern District

United States of America, Plaintiff v. Larry Williams, Defendant, 02-CR-1372

Plea Agreement Is Void as a Result of Substantial Mutual Mistake Made by Parties

Practice Areas: Criminal Law

U.S. District Court, Southern District

Mina G. Beshay, Plaintiff v. Carol Keller1, U.S. Citizenship and Immigration Services New York District Director, Defendant, 13 Civ. 4619

Court Lacks Jurisdiction to Review U.S. Customs' Decision to Commence Removal

Practice Areas: Immigration Law

U.S. District Court, Eastern District

Keystone Automotive Industries, Inc., Plaintiff v. Felix Montalvo, Wheelxchange, LLC, Defendants, 14-CV-1637

Asset Purchase Agreement Unambiguously Crreates an 'At-Will' Relationship

Practice Areas: Contracts , Interpretation

U.S. District Court, Southern District

George Enrique Herbert, Petitioner v. United States of America, Respondent, 10-Civ-406

U.S. May Prosecute for Conduct That Occurred in Territorial Waters of Belize

Practice Areas: Criminal Law

U.S. District Court, Northern District

Larry P. Craft, Plaintiff v. Village of Lake George New York et al., Defendants, 1:12-cv-1619 GLS/CFH)

Judge Tosses Preacher's Free Speech Lawsuit

Practice Areas: Constitutional Law

U.S. District Court, Southern District

The Regulatory Fundamentals Group LLC, Plaintiff v. Governance Risk Management Compliance, LLC d/b/a Manhattan Advisers, et al., Defendants, 13 Civ. 2493 (KBF)

Attorney Sanctioned for Deleting Email Evidence

Practice Areas: Evidence , Spoliation

U.S. Court of Appeals, Second Circuit

United States of America, Appellee v. Micheal Ledee, also Known as Nycricanmike, also Known as Michael Ledee, Defendant-Appellant, 13-2363-cr

Circuit Upholds Ban on Defendant's Parents in Courtroom During Victim's Testimony

Practice Areas: Criminal Law

U.S. District Court, Southern District

United States of America, Plaintiff v. Louis McIntosh, Defendant, 11-Cr-500

Convicted Defendant Must Be Sentenced Separately on Each Firearm Offense

Practice Areas: Criminal Law

U.S. District Court, Southern District

Joseph Mazzei, et al., Plaintiffs v. The Money Store, et al.,, 01cv5694

Defendants Sanctioned for Failure to Properly Preserve Foreclosure Information

Practice Areas: Civil Procedure , Class Actions

U.S. District Court, Western District

Volunteers of America of Western New York, Inc., Plaintiff v. Rochester Gas & Electric Corporation, and John Doe Insurance Companies, Defendants, 06:99-CV-6238

Dismissal of Environmental Claims, in Litigation Spanning Years, Is With Prejudice

Practice Areas: Civil Procedure , Motion Practice