Federal Court Decisions

U.S. District Court, Southern District

Cory et al., Plaintiffs v. eBet Limited et al., Defendants, 13CV04702

Third-Party Beneficiary Status Pleaded; Breach Claims Premised on Reimbursement Dismissed

Practice Areas: Contracts , Breach , Bankruptcy , Civil Procedure , Standing

U.S. District Court, Southern District

Bassé Frères Alimentation Orientale (2013) Inc., Plaintiff v. Frunut Global Commodities L.L.C., Defendant, 14 Civ. 0818

After Reconsideration, Court Adheres to Prior Ruling as To Productions in Breach Action

Practice Areas: Civil Procedure , Discovery , Contracts , Breach

U.S. District Court, Southern District

Michael J. Noble, Petitioner v. US Foods, Inc., Respondent, 14-cv-7743

Illinois Court Should Decide Where to Hear Motions to Vacate, Confirm Arbitral Award

Practice Areas: Civil Procedure , Alternative Dispute Resolution , Arbitration (ADR) , Labor and Employment , Employee Benefits , Executive Compensation (Labor and Employment)

U.S. District Court, Western District

Rhonda P. Ley, Petitioner v. Rochester Regional Joint Board, Local 14A, Respondent, 14-CV-6605

Reasonable Belief CBA Article XXII Is 'Union Signatory' Agreement Violating NLRA Shown

Practice Areas: Labor and Employment , Labor Law , Collective Bargaining Agreements , Unfair Practices

U.S. District Court, Eastern District

Anthony Papapietro, et al, Plaintiff v. Popular Mortgage Servicing Co. et al, Defendants, 13-cv-2433

Homeowners' Claims of Improper Mortgage Fees Deemed Time Barred, Not Tolled

Practice Areas: Creditors

U.S. District Court, Eastern District

Good Luck Product Co., Ltd., Plaintiff v. Crystal Cove Seafood Corp., Defendant, 14-CV-1727

Court Explains Partial Dismissal of Claims In Breach Case by Exporter of Frozen Shrimp

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

U.S. District Court, Eastern District

Brian G. McNamee, Plaintiff v. Roger Clemens, Defendant, 09 CV 1647

Bulk of 'Davis Polk Documents' Improperly Withheld Under Attorney-Client Privilege

Practice Areas: Civil Procedure , Discovery

U.S. District Court, Southern District

In Re Tronox Incorporated Tronox Incorporated, et al., Plaintiffs v. Anadarko Petroleum Corporation, et al., Defendants, 14-cv-5495

$4.4 Billion Settlement of Fraudulent Transfer Claims in Environemntal Action Is Approved

Practice Areas: Civil Procedure , Settlement , Environmental Law , Bankruptcy

U.S. District Court, Western District

Donald Joseph McArthur, Plaintiff v. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant, 13-CV-6369

Law Judge Erred in Applying Treating Physician Rule But Case Remanded Rather Than Reversed

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

U.S. District Court, Northern District

Robert Dillard Jones, Plaintiff v. Phelps Corporation et al., Defendants, 3:14-cv-84

'Rooker-Feldman' Doctrine Bars Rights Claims Stemming From Foreclosure Action

Practice Areas: Civil Rights , Residential and Commercial Real Estate , Civil Procedure

U.S. Court of Appeals, Second Circuit

United States of America, Appellant v. Valentino Anderson, Appellee-Defendant, 13-4152-cr

Suppression Ruling in Drug Case Reversed, Police Behavior Toward Wife Does Not Support Due Process Claim of Husband

Practice Areas: Appellate Law - Criminal

U.S. District Court, Southern District

Ruben Juarez, on behalf of himself and all others similarly situated, Plaintiff v. The Northwestern Mutual Life Insurance Company, Inc., Defendant, 14-cv-5107

Alienage Discrimination Lawsuit by Alien Granted DACA Status Survives Dismissal

Practice Areas: Civil Rights , Immigration Law , Labor and Employment , Discrimination

U.S. District Court, Southern District

In re Sheldrake Lofts LLC, Debtor, 14-cv-4274

'Orion' Factors Weigh Against Withdrawal Of 'Non-Core' Reference to Bankruptcy Court

Practice Areas: Bankruptcy

U.S. District Court, Southern District

Harpercollins Publishers LLC, Plaintiff v. Open Road Integrated Media, LLP, Defendant, 11 Civ. 9499

Publisher Awarded $30,000 for E-Book's Sale After Notice of Copyright Infringement

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

U.S. District Court, Eastern District

Janie Marie McFarland, Plaintiff v. United States, Defendant, 12-CV-5162

Navy Veteran Loses FTCA Medical Malpractice Claim Against VA Over 'Knee Jerk' Examination

Practice Areas: Torts , Medical Malpractice , Health Law

U.S. District Court, Southern District

Mark I. Sokolow, et al., Plaintiffs v. The Palestine Liberation Organization, the Palestinian Authority, et al., Defendants, 04 Civ. 397 (GBD)

Jury Trial Nears in Decade-Old Lawsuit for Terrorist Attacks

Practice Areas: International Law (Public) , Criminal Law

U.S. District Court, Northern District

Jessie J. Barnes, Plaintiff v. Brian Fischer, et al., Defendants, 9:13-CV-164

Court Partly Grants Motions to Compel, Denies Recusal Motion, Partly Grants Production Sought by Inmate's Letter-Motion in 42 USC §1983 Civil Rights Action

Practice Areas: Civil Rights , Civil Procedure , Motion Practice

U.S. District Court, Eastern District

United States of America, Plaintiff v. Joseph Romano, Defendant, 09 CR 170

Motions Seeking Recusal, Return of Legal Papers and Other Property Inadvertently 'Left Behind' in Government Holding Facility Are Denied

Practice Areas: Criminal Law

U.S. District Court, Southern District

Days Inns Worldwide, Inc., formerly known as Days Inns of America, Inc., Plaintiff v. Hospitality Corporation of the Carolinas and Nalin Patel, Defendants, 13-CV-8941

Default Judgments Granted in Hotelier's Breach Action Against Licensee Corporation, Its Principal

Practice Areas: Contracts , Breach , Civil Procedure

U.S. Court of Appeals, Veterans Claims

Sherman J. Lightle, Appellant v. Robert A. McDonald, Secretary of Veterans Affairs, Appellee, 13-1445

Decision Denying Korean War Veteran Benefits for Service-Related Arthritis, Disc Disease Remanded for Development, Readjudicaiton

Practice Areas: Social Services Law , Administrative Law , Military Law

U.S. District Court, Southern District

Jose Crespo, Plaintiff v. Harvard Cleaning Services, Defendant, 13-cv-6934

Office Cleaner's Temporary Job Legitimately Terminated After Background Check's Failure

Practice Areas: Labor and Employment , Discrimination , Race Discrimination , National Origin Discrimination

U.S. District Court, Southern District

Mahmoud Shaban and Sons Co., Plaintiff v. Mediterranean Shipping Co., S.A., et al., Defendants, 11 Civ. 6322

Jury Could Find Rice Cargo Damaged Before Carriers Took Control of Cargo Containers

Practice Areas: Admiralty

U.S. District Court, Southern District

Peter Roukis, Petitioner v. United States Army, Respondent, 10-cv-2219

Court Explains Denial of §2241 Habeas Relief To Private Court-Martialed for Wife's Murder

Practice Areas: Military Law , Criminal Law , Civil Procedure

U.S. District Court, Eastern District

Topnotch Tennis Tours, LLC, dba Grand Slam Tennis Tours, Plaintiff v. Global Tennis Connections Limited, Defendant, 13-CV-4844

Long-Arm Jurisdiction Over Tennis Promoter In Suit Over Wimbledon Tickets Explained

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

U.S. District Court, Eastern District

In Re: Sinus Buster Products Consumer Litigation, 12-CV-2429

$188,628 Fee for Settlement Class Counsel Reasonable Under Lodestar, 'Goldberger'

Practice Areas: Legal Profession , Attorney Fee Recovery , Civil Procedure , Class Actions , Consumer Protection

U.S. District Court, Southern District

CVD Equipment Corporation, Plaintiff v. Taiwan Glass Industrial Corporation and Mizuho Corporate Bank, Ltd., Defendants, 10-CV-573

Taiwan Glass Awarded $3.56 Million in Breach Suit Over Shipment Absent Prior Acceptance

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

U.S. District Court, Southern District

In Re Aluminum Warehousing Antitrust Litigation, 13-md-2481

London Metal Exchange Ltd.'s Immunity Under FSIA Is Denied Reconsideration

Practice Areas: Antitrust , Civil Procedure

U.S. District Court, Western District

Constellation Brands, Inc., Plaintiff v. Keste, LLC, Defendant, 14-CV-6272

Claim for Damages Exceeding Contract's Liability Limitation Clauses Not Stated

Practice Areas: Contracts , Breach

U.S. District Court, Eastern District

Sabrina Milo, Plaintiff v. The City of New York and Police Officer Greg E. Evert, Defendants, 14-CV-1172

Judge Finds Unprotected Reference to Columbine

Practice Areas: Civil Rights

U.S. District Court, Eastern District

Terrell Gibbs, Plaintiff v. Metropolitan Transportation Authority, MTA-Long Island Railroad and Robert Musso, Defendants, 13-CV-1583

Fired Probationary LIRR Worker Fails to Show Age, Race Discrimination Violating Title VII

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

U.S. District Court, Southern District

Terra Energy & Resources Technologies, Inc. and Terra Insight Services, Inc., Plaintiffs v. Terralinna Pty. Ltd., Defendant, 12-CV-1337

Court 'Clearly Erred' in Finding Rule 54(d)(2) Fees Damages Element to Be Proved at Trial

Practice Areas: Legal Profession , Attorney Fee Recovery , Civil Procedure , Motion Practice

U.S. District Court, Southern District

United States of America, Plaintiff v. Antonio Rosario, a/k/a "Chickee," Defendants, 09-CR-415-2

False Alibi Evidence May Be Introduced But 'Modus Operandi' Evidence Barred by Rule 404

Practice Areas: Criminal Law , Evidence , Admissibility

U.S. District Court, Western District

United States of America, Plaintiff v. Keith Lewis, Defendant, 13-CR-6149

Guilty Plea May Not Be Withdrawn; Motion Not Prompt, Contradicted by Prior Statements

Practice Areas: Criminal Law

U.S. District Court, Western District

United States of America, Plaintiff v. Elijah Iverson, Defendant, 14-CR-197

Oral Release Order Revoked; Indictee Is Danger, Flight Risk, Must Be Detained Pending Trial

Practice Areas: Criminal Law

U.S. District Court, Southern District

LBF Travel, Inc., Plaintiff v. Fareportal, Inc. et al., Defendants, 13 Civ. 9143

Lanham Act Infringement Over Keywords, Ad Links on Internet Search Results Alleged

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

U.S. District Court, Western District

United States of America, Plaintiff v. Arlene Combs, Terry Stewart, Albert Parsons, Donald Griffin, and Dayon Shaver, Defendants, 10-CR-360

Trial Severance Motions Held in Abeyance Pending Revised Redacted Statements

Practice Areas: Criminal Law

U.S. District Court, Eastern District

Nakeisha Frederick, Plaintiff v. United Brotherhood of Carpenters and Joiners of America (UBCJA) Local 926, et al., Defendants, 12 Civ. 2387

Only Disparate Pay Claim Over Coworker's Starting Wage Meets Title VII Pleading Standard

Practice Areas: Labor and Employment , Discrimination , Race Discrimination

U.S. District Court, Northern District

Frederick J. Neroni; and Tatiana Neroni, Plaintiffs v. Alexander Grannis, Defendant, 3:11-CV-1485

Bulk of Retaliation Claims Against Agency's Head Dismissed; Causal Connection Not Shown

Practice Areas: Civil Rights , Environmental Law

U.S. District Court, Eastern District

Allstate Insurance Company, Plaintiff and Counter Defendant v. Yannis Sidakis, Defendant and Counter Claimant, 13-CV-7211

Insurance Broker's Claims Against Allstate Over Sale of Northeast's Business to Be Tried

Practice Areas: Contracts , Breach , Torts , Business Torts

U.S. District Court, Eastern District

United States of America, Plaintiff v. Robert Dileo, Defendant, 12-CR-260 (ENV)

Judge Sets $2,000 Restitution for Victim of Child Pornography

Practice Areas: Criminal Law , Internet Law , Computer Crimes

U.S. District Court, Southern District

Sakiko Fujiwara, et al., Plaintiffs v. Sushi Yasuda LTD., et al., Defendants, 12cv8742

Judge Cuts Attorney Fees in Fair Labor Case Settlement

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

U.S. District Court, Southern District

Davidson Heights LLC, Plaintiff v. New York City Housing Authority (NYCHA) and John Rhea, as Chairman of NYCHA, Defendants, 14 Civ. 930

Article 78 Proceeding Against NYCHA Provides Landlord Remedy for Loss of Section 8 Payments

Practice Areas: Civil Rights , Landlord/Tenant Law

U.S. District Court, Eastern District

Akhtar Ali, Plaintiff v. New York City Department of Transportation and Kiska Contruction, Inc., Defendants, 14-cv-313

Inclined to Dismiss Suit for Lack of Standing Court Grants Time to Show Sites' Ownership

Practice Areas: Civil Rights , Residential and Commercial Real Estate

U.S. District Court, Eastern District

Olatoyosi T. Adesina, Plaintiff v. Michael J. Astrue, Commissioner of Social Security, Defendant, 12-CV-3184

ALJ's Errors Lead to Vacatur of Benefits' Denial, Action's Remand for Further Consideration

Practice Areas: Social Services Law , Social Security Compensation

U.S. District Court, Eastern District

In Re Hurricane Sandy Cases, 14 MC 41

Judge Fears Manipulation of Claims From Sandy

Practice Areas: Insurance Law , Bad Faith

U.S. District Court, Southern District

The People of the State of New York, Plaintiff v. Actavis, PLC, and Forest Laboratories, LLC, Defendants, 14 Civ. 7473

Court Partly Seals as Confidential Commercially-Sensitive Information Complaint Asserting Pharmaceutical Firms' Violation of Antitrust Laws by Monopolizing Drug Treating Alzheimer's Disease

Practice Areas: Antitrust , Civil Procedure , Motion Practice , Provisional Remedies , Health Law , Food and Drug Act

U.S. District Court, Eastern District

Mark Axinn, Chairperson of the Libertarian Party of New York, et al., Plaintiffs v. New York State Board of Elections, et al., Defendants, 14-CV-5709

N.Y. Attorney General Had Statutory Right to Intervene in Challenge to Constitutionality of Election Law §7-104(4)(c); Argument Attorney General Violated State Ethics Rules by Choosing to Intervene 'to Benefit His Electoral Chances' Unsubstantiated

Practice Areas: Election and Political Law

U.S. District Court, Western District

Kateryna Vaskovska, Petitioner v. Eric H. Holder, Jr., Unites States Attorney General, Michael T. Phillips, Field Director for United States Immigration and Customs Enforcement at the Allegany County Jail, and all other persons exercising direct legal custody over Petitioner, Jeb Johnson, Secretary of the Department of Homeland Security, Respondents, 14-CV-270

Immigration Detainee Denied 28 USC §2241 Habeas Relief; Delay Caused By Her Actions In Seeking Relief From Deportation Does Not Make Continued Detention Unreasonable or Unjustified; Mandatory Detention Under INA §236(c) "Constitutionally Permissible" Under Due Process Clause

Practice Areas: Immigration Law

U.S. District Court, Eastern District

United States of America, Plaintiff v. John Kaiser, Defendant, 09-CR-257

Motion to Attach Previously Omitted Documents to Pre-Sentence Report Denied; No Evidence Documents Were Omitted From Report Due to Inadvertent Clerical Error;

Practice Areas: Criminal Law

U.S. District Court, Southern District

Bernardus Henricus Funnekotter, et al., Plaintiffs v. Agricultural Development Bank of Zimbabwe, et al., Defendants, 13-CV-1917

Judgment Creditors Are Denied Bid to Preclude Banks, Corporations From Denying That They Are Alter Egos of Zimbabwe

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

U.S. District Court, Eastern District

Fossil Industries, Inc., Plaintiff v. Onyx Specialty Papers, Inc. and Meadwestvaco Corporation, Defendants, 12-CV-2496

Legal Fees Granted But Breach Action Over Defective Paper Denied Rule 41(b) Dismissal

Practice Areas: Contracts , Breach , Civil Procedure , Discovery , Motion Practice

U.S. District Court, Southern District

Michael Vasquez, Plaintiff v. The City of New York et al., Defendants, 14 Civ. 491 (RMB)

Wrongfully Imprisoned Man Loses Suit Against NYPD

Practice Areas: Civil Rights , Criminal Law , Torts , Intentional Torts , False Imprisonment

U.S. District Court, Eastern District

Devrim Cacin-Worthy, Plaintiff v. Starbuck's Coffee Company and Starbuck's Corporation, Defendants, 12 CV 2053 (DRH) (AKT)

Hot-Coffee Lawsuit Proceeds Against Starbucks

Practice Areas: Torts , Personal Injury

U.S. District Court, Eastern District

Robert Valdes Clausell, Appellant v. 87-10 51st Avenue Owners Corp., Appellee, 14 CV 02691

Bankruptcy Case Properly Denied Reopening So as to Enter Money Judgment Against Debtor

Practice Areas: Bankruptcy , Appellate Law - Civil , Residential and Commercial Real Estate

U.S. District Court, Southern District

Aulistar Mark, et al., Plaintiffs v. Gawker Media LLC, et al., Defendants, 13-cv-4347

Former Interns Have 60 Days to Opt-In to FLSA Collective Action Against Gawker for Wages

Practice Areas: Labor and Employment , Wages and Hours , Civil Procedure , Motion Practice , Class Actions

U.S. District Court, Southern District

Ileen Cain, Plaintiff v. Atelier Esthetique Institute of Esthetics, Inc., Defendant, 13 Civ. 7834

Hallucinations Could Be 'Perceived Disability' Under ADA, Rehabilitation Act, State Law

Practice Areas: Education Law , Labor and Employment , Discrimination , Disability Discrimination , Civil Procedure

U.S. District Court, Eastern District

Dr. Eleanor Mack, Plaintiff v. Parker Jewish Institute for Health Care and Rehabilitation, Charles Seide, Georgiene Kenny and Nora Kustin, Defendants, CV 14-1299

Pharmacist's RICO Claim Meritless; Alleged RICO Violation Not 'But-For' Cause of Injury

Practice Areas: Labor and Employment , Discrimination , Torts , White Collar Crime , RICO

U.S. District Court, Eastern District

United States of America, Plaintiff v. Adam Valasquez, Defendant, 11-CR-639

Renewed Motion for Acquittal on Money Laundering Conspiracy Charge Is Denied

Practice Areas: Criminal Law

U.S. Court of Appeals, Second Circuit

Suzhen Meng, Petitioner v. Eric H. Holder, Jr., United States Attorney General, Respondent, 12-2258-ag

'Persecutor Bar' Prevents Chinese Woman From Receiving Asylum, Withholding Relief

Practice Areas: Immigration Law

U.S. District Court, Western District

Paul H. Schweizer, W. Stuart Schweizer, Leslie E. Schweizer and Kawada Industries, Inc., Plaintiffs v. Sikorsky Aircraft Corporation, Defendant, 6:10-CV-6547

Airplane Manufacturer's Former Owners Lose Their Breach Claims Against Buyer Sikorsky

Practice Areas: Contracts , Breach

U.S. Court of Appeals, Second Circuit

Suzhen Meng, Petitioner v. Eric H. Holder, Jr., United States Attorney General, Respondent, 12-2258-ag

'Persecutor' of Pregnant Chinese Women Denied Asylum

Practice Areas: Immigration Law , Civil Rights , International Law (Public)

U.S. District Court, Southern District

Bernardus Henricus Funnekotter, et al., Plaintiffs v. Agricultural Development Bank of Zimbabwe, et al., Defendants, 13-CV-1917

Judgment Creditors Are Denied Bid to Preclude Banks, Corporations From Denying That They Are Alter Egos of Zimbabwe

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

U.S. District Court, Western District

Betty Wiseman, Plaintiff v. 7-Eleven, Inc., Paula Weil, individually, and Cindy Wilczewski, individually, Defendants, 14-CV-114A

Dismissal of Discrimination Claims on Improper Service Grounds and For Failure to state Claim Should Be Denied; Cross-Motion to Amend Complaint Should Be Granted

Practice Areas: Labor and Employment , Discrimination , Disability Discrimination

U.S. Court of Appeals, Second Circuit

New York State Electric and Gas Corporation, Plaintiff-Counter-Defendant-Appellant-Cross-Appellee v. FirstEnergy Corporation, Defendant-Counter-Claimant-Appellee-Cross-Appellant, 11-4143-cv

Panel Partly Affirms, Partly Remands District Court's Findings in CERCLA Action for Costs Incurred In Cleaning Coal Tar Contamination At Upstate New York Manufactured Gas Plants

Practice Areas: Environmental Law , Business Entities , Successor Liability

U.S. District Court, Southern District

AVRA Surgical Robotics, Inc., Plaintiff v. Bernd Gombert, Defendant, 13 Civ. 3309

Court Lacks Jurisdiction Over German Engineer in Breach Action Over Development of Surgical Robotics Systems

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

U.S. District Court, Western District

Vandemark Chemical, Inc., Plaintiff v. CSCS, Inc., Defendant, 12-CV-1067

Chemical Company Awarded $435,172 Default Judgment in Action Over Contract's Breach

Practice Areas: Contracts , Breach

U.S. Court of Appeals, Veterans Claims

Sherman J. Lightle, Appellant v. Robert A. McDonald, Secretary of Veterans Affairs, Appellee, 13-1445

Decision Denying Korean War Veteran Benefits for Service-Related Arthritis, Disc Disease Remanded for Development, Readjudicaiton

Practice Areas: Social Services Law , Administrative Law , Military Law

U.S. District Court, Southern District

In Re Order Requiring [xxx], Inc. to Assist In the Execution of a Search Warrant Issued by this Court by Unlocking a Cellphone, 14 Mag. 2258

All Writs Request for Order That Maker 'Unlock' Cell Phone to Aid Warrant's Execution Granted

Practice Areas: Civil Procedure , Motion Practice , Criminal Law , Evidence

U.S. Court of Appeals, Second Circuit

In Re: Dynegy, Inc., Debtor Stephen Lucas, Appellant, v. Dynegy Inc., Appellee, 13-2581

Lead Plaintiff Status in Class Suit Did Not Provide Standing to Opt Out, Object to Reorganization

Practice Areas: Bankruptcy , Securities and Federal Corporate Law , Securities Fraud , Appellate Law - Civil

U.S. District Court, Southern District

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

Court Explains Grant of Motion to Redact Information as to Pre-Trial Settlement Offers

Practice Areas: Civil Procedure , Motion Practice , Settlement

U.S. Bankruptcy Court, Eastern District

In re: Suffolk Regional Off-Track Betting Corporation, Debtor, 12-43503-CEC

Chapter 9 Bankruptcy Plan to Bring Slot Machines to L.I.

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