Decisions

Federal Court Decisions

U.S. District Court, Eastern District

United States of America, Plaintiff v. Eugene Gourevitch, Defendant, 12-CR-758 (ARR)

Restitution Bid Fails in Wire Fraud Involving Kyrgyzstan

Practice Areas: Criminal Law

U.S. District Court, Southern District

Transcience Corporation and Yolanda Von Braunhut, Plaintiffs v. Big Time Toys, LLC, Defendant, 13-CV-6642

Trademark, Copyright Infringement Claims By 'Sea-Monkeys' Owners Survive Dismissal

Practice Areas: Intellectual Property , Copyrights , Infringement (Copyright) , Trademarks , Infringement (Trademark) , Contracts , Breach

U.S. District Court, Southern District

Clopay Plastic Products Company, Inc., Plaintiff The Excelsior Packaging Group, Inc., Defendant-Third-Party Plaintiff v. v. Kimberly-Clark Corporation, Third-Party Defendant, 12-CV-5262

Supplier Granted Judgment on Breach Claims, Counterclaims Over Diapers' Manufacture

Practice Areas: Contracts , Breach

U.S. District Court, Southern District

Yolanda N. Tejada, Plaintiff v. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant, 14-CV-841

ALJ Did Not Abuse Discretion in Finding Woman Liable For Overpayment That She Did Not Cause

Practice Areas: Social Services Law , Social Security Compensation

U.S. Court of Appeals, Second Circuit

Luis Estuardo Vanegas-Ramirez, Petitioner v. Eric H. Holder, Jr., United States Attorney General, Respondent, 13-749-ag

Circuit Finds Man's Concession to Illegal Entry Was Admissible

Practice Areas: Immigration Law , Constitutional Law

U.S. District Court, Southern District

James Preville, Plaintiff v. Pepsico Hourly Employees Retirement Plan, Defendant, 13 Civ. 5846

Decision That Immediate Disability Pension Benefits Were Not Timely Sought Not Arbitrary

Practice Areas: Labor and Employment , Employee Benefits , Pensions and Other Retirement Benefits

U.S. District Court, Southern District

Louis K. Smith, Plaintiff v. Barnesandnoble.Com, LLC, Defendant, 1:12-cv-04374

Author's Lanham Act Unfair Competition Claim Against Book Retailer's Web Site Is Rejected

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

U.S. District Court, Eastern District

In re: Emmons-Sheepshead Bay Development LLC, Debtor, 13-CV-5430

Denial of Reconsideration of Reorganization Plan's Confirmation Is Itself Denied Appeal

Practice Areas: Bankruptcy , Residential and Commercial Real Estate , Creditors

U.S. District Court, Eastern District

Troy C. Wallace, et al., Plaintiffs v. State of New York, et al., Defendants, 12-CV-5866 (PKC)

Judge Rejects Sex Offenders' Challenge to Residency Restrictions

Practice Areas: Criminal Law

U.S. District Court, Eastern District

Jeanini Tansey, Plaintiff v. Cochlear Limited and Cochlear Americas Corporation, Defendants, 13-CV-4628

Implant Maker Denied Use of Hague Convention For Discovery in Lieu of Federal Procedure Rules

Practice Areas: Civil Procedure , Discovery , Products Liability , Torts

U.S. District Court, Northern District

Binghamton-Johnson City Joint Sewage BD; City of Binghamton; and Village of Johnson City, Plaintiffs v. AM. Alternative Ins. Corp., Defendant, 3:12-CV-0553

Fact Issues Bar Judgment in Action Grounded On Collapse of Sewage Treatment Plant's Wall

Practice Areas: Insurance Law , Contracts , Breach

U.S. District Court, Northern District

Paul Mancuso, Plaintiff v. United States Environmental Protection Agency, Defendant, 5:12-CV-1027

Judgment for EPA on Motion to Compel FOIA Request Documents' Production Is Explained

Practice Areas: Environmental Law , Evidence , Civil Procedure , Discovery

U.S. District Court, Western District

Mrs. United States National Pageant, Inc., Plaintiff v. Crown Couture, LLC and Gaspar Cruz, Individually, Defendants, 14-CV-6114

Default Judgment Bars Defendants' Infringement on Trademarks Trademarks Associated With Beauty Pageants

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

U.S. District Court, Southern District

In re: Longwei Petroleum Investment Holding Limited Securities Litigation, 13 Civ. 214

Court Explains Refusal to Reconsider, Certify for Interlocutory Appeal, Its Prior Refusal to Dismiss Securities Exchange Act §20(a) Claim Against Auditor Defendants

Practice Areas: Securities and Federal Corporate Law , Securities Fraud

U.S. Court of Appeals, Second Circuit

Frederick M. Abrams, Plaintiff-Appellant v. Department of Public Safety, State of Connecticut, John A Danaher, III, Commissioner I/O Steven Fields, Major, I/O, Patrick O'Hara, Lieutenant, I/O, John Turner, Sargeant, I/O, Barbara Lynch, Affirmative Action Officer, I/O, Sean Cox, Defendants-Appellees, 13-111-cv

Summary Judgment on Title VII Claim Pertaining to Black Detective's Transfer to Casino Unit Unit Instead of Homicide Investigation Unit and Jury's Verdict on Retaliaiton Claim Affirmed, But Grant of Judgment Against DPS on Title VII, 42 USC §1983 Race Discrimination Claims Is Vacated

Practice Areas: Labor and Employment , Discrimination , Race Discrimination

U.S. District Court, Eastern District

John Ryszetnyk, Plaintiffs v. Michael J. Astrue, Commissioner of Social Security, Defendants, 12-CV-2431

Title II Disability Benefits Action Remanded for Further Proceedings; Law Judge's Findings, Reasoning Not Supported by Record; Treating Physician Rule Was Violated

Practice Areas: Social Services Law , Social Security Compensation

U.S. District Court, Eastern District

Ray Carrion, Plaintiff v. United Airlines, Inc., Defendants, 13-CV-4875

Airline Granted Judgment in Passenger's Suit Over Lost Luggage; Passenger Deposited, 'Accepted' $1,065 Offered in Airline's April 30, 2013, Compensation Letter as Accord and Satisfaction

Practice Areas: Transportation , Personal Property

U.S. District Court, Southern District

Richemont International S.A., et al., Plaintiffs v. Montesol Ou, et al., Defendants, 11 Civ. 9322

Court Explains Adoption $6.6 Million Damages Award for Counterfeit Goods Willfully Infringing Registered Trademarks

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

U.S. District Court, Eastern District

Marie Klein, Plaintiff v. ATP Flight School, LLP, Adam Rosenberg, Jim Koziarski, and Kelvin King, Defendants, 14-CV-1522

Discrimination, Harassment Claims Under Title IX of Education Amendments of 1972 Are Stayed in Favor of Arbitration, But Court Cannot Compel Arbitration in Georgia as Parties' Arbitration Agreement Provides

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

U.S. District Court, Southern District

Mac William Bishop and Christopher Chivers, Plaintiffs v. United States Department of, Homeland Security, Defendant, 13 Civ. 8620

DHS Redactions to Responses to Journalists' FOIA Requests Proper Under Exemption 7(E)

U.S. District Court, Eastern District

Jabbar Collins, Plaintiff v. City of New York, et al., Defendants, 11 CV 766 (FB)(RML)

Judge Approves $10 Million Wrongful Conviction Deal

Practice Areas: Civil Rights

U.S. Appellate Division, Third Department

In the Matter of the Claim of Joseph Lavalley, Respondent. The West Firm, PLLC, Appellant. Commissioner of Labor, Respondent, 518233

Firm Ordered to Pay Toward Insurance of Contract Lawyer

Practice Areas: Labor and Employment , Wages and Hours , At-Will Employment

U.S. District Court, Southern District

Christopher Tackney and Angela Tackney, Plaintiffs and Counter-Defendants v. WB Imico Lexington Fee, LLC, Defendant and Counter-Claimant, 10 Civ. 2734

ILSA §1703(a)(1)(B) Not Violated Where Buyer Has Property Report Before Signing Purchase Pact

Practice Areas: Residential and Commercial Real Estate , Contracts , Breach

U.S. District Court, Eastern District

Maimonides Medical Center, Plaintiff v. United States of America, Defendant, 09-CV-3013

Nonprofit Medical Center Is Corporation Entitled To Lesser Interest Rate on FICA Overpayments

Practice Areas: Taxation , Business Entities , Administrative Law

U.S. District Court, Southern District

Antonio Muñoz, Plaintiff v. The Manhattan Club Timeshare Association, Inc., Defendant, 11-CV-7037

Court Explains Reduced Fees, Costs Awarded ADA Retaliation Lawsuit's Prevailing Party

Practice Areas: Labor and Employment , Discrimination , Disability Discrimination , Legal Profession , Attorney Fee Recovery

U.S. District Court, Southern District

Charles Hack, Plaintiff v. Robert Stang, Defendant, 13-cv-5713

In Negotiating Promissory Note Oregonian Did Business in N.Y. for Long-Arm Purposes

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

U.S. District Court, Eastern District

Rasean J. Tate, Plaintiff v. Rocketball, Ltd. and Levy Restaurant Holdings, LLC., Defendants, 14-CV-2056

Team Granted Judgment in Gay Waiter's Bias Action Arising From Homophobic Comments

Practice Areas: Labor and Employment , Discrimination , Sexual Orientation Discrimination , Civil Rights

U.S. District Court, Eastern District

Mitchell Krevat, Plaintiff v. Burgers to Go, Inc., and Sammy Sultan, Defendants, 13-CV-6258

Default Judgment Against Burger Shop Over Mark Infringement Claims Explained

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

U.S. District Court, Southern District

National Fire Ins. Co. of Hartford et al., Plaintiffs v. E. Mishan & Sons, Inc., Defendant, 13-cv-5774

Insurers Need Not Defend Firm in Suits Alleging TCPA, Statutory, Privacy Rights Violations

Practice Areas: Insurance Law , Policy Terms , Torts , Intentional Torts , Fraud (Torts) , Contracts , Breach

U.S. District Court, Northern District

Southbridge 21 LLC, Plaintiff v. The Standard Fire Insurance Company, Defendant, 3:14-cv-374

FEMA Preempts Extra-Contractual Claims Over Refusal to Bargain on Flood Policy Coverage

Practice Areas: Insurance Law , Bad Faith

U.S. District Court, Southern District

David Lola, on behalf of himself and all others similarly situated, Plaintiffs v. Skadden, Arps, Slate, Meagher & Flom LLP, et uno, Defendants, 13-cv-5008 (RJS)

Judge Dismisses Contract Lawyer's Suit Against Skadden

U.S. Court of Appeals, Second Circuit

United States, Appellant v. Yvette L. Andino, Defendant-Appellee Thurman Artis, aka Peepers, Anderson Montanez, Defendants, 13-3329-cr

Circuit Reverses Ruling Barring Proof from Warrantless Search

Practice Areas: Criminal Law , Constitutional Law

U.S. District Court, Southern District

Bais Yaakov of Spring Valley, Plaintiff v. Richmond, the American International University in London, Inc., Defendant, 13-CV-4564

University's 'Informational Session' Fax Could Be Found Advertisement Under TCPA

Practice Areas: Torts , Education Law

U.S. District Court, Southern District

John F. Galtieri, Plaintiff v. New York City Police Pension Fund, Defendant, 12 Civ. 1159

Ex-NYPD Officer's Property Rights Over Pension Resolved by State Courts After Murder Conviction

Practice Areas: Civil Rights , Labor and Employment , Employee Benefits , Pensions and Other Retirement Benefits , Torts , Wrongful Death

U.S. District Court, Northern District

Michael G. Kost, Sr., Plaintiff v. Louis Mosier Trust et al., Defendants, 3:14-cv-90

Default Judgment, Award in Suit to Recover $156,268 Mortgage Overpayment Explained

Practice Areas: Residential and Commercial Real Estate , Trusts and Estates

U.S. District Court, Northern District

Michael R. Smith, Plaintiff v. New Falls Corporation, et al., Defendants, 8:13-CV-1127

Lawsuit Over Judgment in Debt Action Untimely Under Fair Debt Collection Practices Act's Limit

Practice Areas: Creditors

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