Tag Archives: Judge Daniels

Opposition Brief: Trump’s Emoluments Argument Has “No Support in Two Centuries of History”

Citizens for Responsibility and Ethics in Washington (CREW) and other plaintiffs responded Friday to President Trump’s motion to dismiss their case to enforce the Constitution’s Emoluments Clause.  President Trump argued that the clause, which prevents government officers from receiving gifts from foreign countries, was never intended to cover the president’s private business dealings unrelated to his office or service to a … Continue Reading

Judge Daniels Denies Motion to Dismiss Challenge to Delays in Bronx Criminal Court

In an opinion last week, Judge Daniels denied a motion to dismiss a case alleging that extreme delays in the Bronx Criminal Court system violated the constitutional guarantee of a speedy trial.  While Judge Daniels found that the named plaintiffs lacked standing because their cases had been resolved, Judge Daniels allowed 30 days for the … Continue Reading

Class Action Complaint Challenges Court Delays in Bronx Criminal Court

A class action complaint filed yesterday against Governor Andrew Cuomo and others challenges as unconstitutional the allegedly lengthy delays for adjudicating cases before New York City’s Criminal Court for Bronx County.  According to the complaint, a single case often requires dozens of court appearances and years of time to adjudicate — on average, 642 days for bench trials … Continue Reading

Judge Daniels Dismisses ERISA Suit Against JP Morgan Over “London Whale”

In an opinion Friday, Judge Daniels dismissed an ERISA case brought by JP Morgan employees who invested in a company retirement fund of company stock and who allege that the company concealed multibillion dollar trading losses made by the so-called “London Whale.”  Judge Daniels had dismissed the case earlier (see here), but it was revived … Continue Reading

Judge Daniels Agrees With Judge Buchwald That Rate Manipulation Does Not Create Antitrust Injury

In a decision Friday dismissing antitrust claims arising from the alleged manipulation of Euroyen TIBOR and Yen-LIBOR rates, Judge Daniels agreed with Judge Buchwald — who dismissed similar allegations regarding LIBOR rates (see our post here) — that fixing rates does not give rise to antitrust injury because the process of establishing interest rate indexes … Continue Reading
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