Tag Archives: Judge Forrest

Judge Forrest: Enough With “Reductionist” Motions of Patent Ineligibility

In an opinion Wednesday, Judge Forrest denied a summary judgment motion seeking to declare the plaintiff’s claimed patents ineligible for patent protection.  The opinion begins with skepticism of the current “fad” of patent defendants seeking to declare patents ineligible with “reductionist” arguments that overly simplify the invention:… Continue Reading

Judge Forrest Dismisses Remaining Claims in Aluminum Antitrust Litigation

Yesterday, Judge Forrest dismissed the remaining claims in the ongoing aluminum antitrust litigation, which alleged that aluminum trading firms and warehouses conspired to increase the price of aluminum.  In August, the Second Circuit affirmed Judge Forrest’s dismissal of the claims brought by indirect purchaser plaintiffs who did not actually participate in the market that was supposedly … Continue Reading

Second Circuit Affirms Judge Forrest’s Dismissal of “Flash Boys” Suit

In an opinion Friday, the Second Circuit affirmed Judge Forrest’s dismissal of a complaint (see our prior coverage here) accusing stock exchanges of improperly allowing high-frequency traders to pay to obtain and trade on market data faster than other investors — the conduct at issue in the Michael Lewis book “Flash Boys.”  The Second Circuit agreed that … Continue Reading

Second Circuit Agrees With Judge Forrest that Aluminum Consumers Lack Antitrust Standing for Alleged Conspiracy Between Warehouses and Traders

In an opinion yesterday, the Second Circuit affirmed Judge Forrest’s ruling (covered here) dismissing claims by consumer and commercial end-users who alleged that aluminum trading firms and warehouses conspired to increase the price of aluminum.  The Second Circuit ruled that the plaintiffs lacked antitrust standing because they did not participate in the markets where the … Continue Reading

Italian Fashion Company Accuses Ivanka Trump of Making Copycat Shoes

Yesterday, Italian fashion company Aquazurra filed a complaint against Ivanka Trump and her partner Marc Fisher over shoes that allegedly infringe on Aquazurra’s designs.  Trump’s company markets a red “Hettie” shoe that Aquazurra claims infringes on its famous “Wild Thing” shoe (pictured here): Aquazurra alleges that at least two other Trump shoes infringe on Aquazurra’s designs.  … Continue Reading

Supreme Court Agrees With Judge Forrest on Separation-of-Powers Question in Iranian Asset Case

The Supreme Court today affirmed, by a 7-2 vote, a judgment originally from Judge Forrest (see our coverage here) concluding that a law pertaining to the seizure of Iranian assets was not, as the defendants contended, effectively a direction to decide a single pending case in one side’s favor, in violation of the separation of powers doctrine. … Continue Reading

Judge Forrest Rejects Blanket Privilege Claims for Communications With PR Firm

In an opinion Friday, Judge Forrest rejected claims by a group of defendants (referred to as the “Town Defendants”) and their public relations firm that their communications were in all circumstances privileged, because no one had done the necessary work to show, on a communication-by-communication basis, that the privilege would apply:… Continue Reading

Judge Forrest Partially Rejects “Lack of Enforcement” Defense in UPS Cigarette Tax Action

In a wide-ranging opinion yesterday, Judge Forrest passed judgment on a slew of defenses asserted by UPS in a breach of contract action brought by the City and State of New York.  The action seeks to enforce the terms of an Assurance of Discontinuance (“AOD”) whereby UPS agreed to comply with City and State laws regarding … Continue Reading

Judge Forrest: RICO Rule of Person-Enterprise “Distinctness” Defeats Claims Involving Only FedEx Affiliate Companies

Judge Forrest yesterday granted the defendants’ summary judgment motion in a case accusing FedEx of violating RICO by overcharging for packages based on weight and Canadian customs fees.  She found that the plaintiffs had failed to show the necessary “distinctness” between the FedEx affiliate that committed the alleged wrongs and the “enterprise” through which it allegedly acted: The RICO … Continue Reading

Judge Forrest Dismisses Zinc Antitrust Case; Chides Lawyers for “Group Pleading”

In an opinion today, Judge Forrest dismissed (with a limited right to replead) claims that various banks and their affiliates conspired to monopolize and inflate prices in the market for zinc stored in warehouses licensed by the London Metal Exchange.  The case is similar to the aluminum antitrust cases before Judge Forrest (covered here).  She … Continue Reading

Judge Forrest: Defendant’s “Unconditional Surrender” to Named Plaintiff Moots Class Action

In an opinion yesterday, Judge Forrest allowed a defendant in a putative class action concerning debt collection to submit to a judgment in the plaintiff’s favor, and moot the entire case: Defendant has now offered judgment referencing “unconditional surrender” and affording complete relief to plaintiff. Accordingly, judgment shall be entered against defendant under Rule 68. … Continue Reading

Supreme Court Grants Cert in SDNY Case Concerning Seizure of Iranian Assets and Separation of Powers

The Supreme Court yesterday granted certiorari in a case raising the question of whether Congress’ passage of a law pertaining to the seizure of Iranian assets violated separation-of-powers principles by effectively directing a particular result in a single Southern District case.  Judge Forrest cited the law in ordering the seizure of $1.75 billion in Iranian … Continue Reading

SDNY Blog Returns as Steptoe Blog

The SDNY Blog is relaunching as a publication of Steptoe & Johnson LLP.  We expect to post several times a week on decisions and other developments in the Southern District of New York.  You can find us right here at www.sdnyblog.com, or follow us on Twitter or Facebook. Here’s a quick summary of what’s been happening in the Southern … Continue Reading

Judge Forrest: “Flash Boys” Suit Against Exchanges is Preempted by Federal Law

In an opinion Tuesday, Judge Forrest dismissed various class action suits accusing stock exchanges of improperly allowing high-frequency traders to pay to obtain and trade on market data faster than other investors.  The plaintiffs subscribed to market data via subscriber contracts that, in turn, incorporated the terms of standardized market data dissemination “plans.”  Those plans, which … Continue Reading

Judge Forrest Allows Aluminum Warehouse Antitrust Case (As Amended) to Proceed

In an opinion yesterday, Judge Forrest denied (for the most part) various motions to dismiss the collection of cases alleging an antitrust conspiracy among commodity trading firms and their affiliated warehouse operators relating to the price of aluminum.  She had dismissed an earlier version of the case because it alleged only parallel (not conspiratorial) conduct … Continue Reading

New Suit Challenges Constitutionality of SEC Administrative Proceedings Based on ALJs’ Insulation From Executive Oversight

Attorneys at Skadden Arps and Post & Schell, on behalf of a client named Joseph Stilwell and his firm, today filed a complaint arguing that SEC administrative proceedings are unconstitutional: SEC administrative proceedings violate Article II of the U.S. Constitution, which states that the “executive Power shall be vested in a President of the United States of … Continue Reading

Judge Forrest Dismisses Aluminum Antitrust Case; Rules Price Increase “Unintended Consequence” of Parallel Conduct

In an 85-page ruling today, Judge Forrest dismissed a group of cases alleging that trading firms and warehouse operators conspired to increase the price of aluminum. The opinion states that the motion consisted of more than 2,600 pages of material, and refers to the fact that the parties delivered a tutorial to Judge Forrest on the workings of … Continue Reading

In CDO Case, Judge Forrest Rules That New, Helpful Facts Cannot Revive Expired Claims

In an opinion today, Judge Forrest dismissed as untimely claims by a Korean bank, Woori bank, against Citi arising from Woori’s investment in Citi-sponsored CDOs.  Woori argued that it did not have the facts for its claims until the Financial Crisis Inquiry Commission Report in 2011, but Judge Forrest —  echoing a similar decision by … Continue Reading

Skater Baiul Moves to Disqualify Judge Forrest, Citing “Stockholm Syndrome” from Court’s Prior Representation of Parties

In a motion filed yesterday, former Olympic skater Oksana Baiul moved Judge Forrest to recuse herself from Baiul’s case against numerous sports agents and television studios, alleging a lack of impartiality due to Judge Forrest’s past representation of certain parties and affiliated entities during her time as a partner at Cravath.  This is Baiul’s latest … Continue Reading

Judge Forrest Interprets Janus to Allow Underwriter, Not Just Issuer, to Face Claims for Allegedly False Prospectus

In an opinion yesterday, Judge Forrest denied a motion to dismiss by the investment bank Macquarie, which argued (see here and here) that, based on Janus Capital Group, Inc. v. First Derivative Traders, 131 S. Ct. 2296 (June 13, 2011), the allegedly false prospectus at issue was “made” by the issuer (a company called Puda Coal), … Continue Reading

Judge Forrest Grants Summary Judgment to Auditors in Case of Missing Subsidiary

In an opinion today, Judge Forrest granted summary judgment to two affiliated accounting firms in a securities fraud suit arising from what Judge Forrest described as an accounting firm’s “worst nightmare”: An accounting firm’s worst nightmare might be to wake up one morning and discover that the company that one of its teams had audited … Continue Reading