In an opinion Monday, Judge Marrero ruled that the First Amendment protected the right of a group of law professors to publish online their attorney grievance complaints against prosecutors in Queens who had been involved in alleged prosecutorial misconduct. The professors received a letter from New York City’s Corporation Counsel claiming that the disclosure of their complaints violated a statute protecting the confidentiality of grievance proceedings.

Judge Marrero, quoting an earlier Second Circuit case, found that the effort to deter the law professors was unlawful: “Penalizing an individual for publicly disclosing complaints about the conduct of a government official strikes at the heart of the First Amendment.” 
Continue Reading Judge Marrero: First Amendment Allows Attorney Grievance Complainants to Publish Their Own Complaints, Notwithstanding Confidentiality Statute

In an opinion Tuesday, Judge Marrero allowed a putative consumer fraud class action to proceed (in part) against Canada Goose.  The plaintiff purchased a jacket that he claims was falsely marketed with a paper hang tag stating that the company supports the “ethical, responsible, and sustainable sourcing and use of real fur.”  Judge Marrero rejected the company’s argument that these statements were “too general and subjective” to be actionable, and instead found that the allegations, though “thin,” were enough to proceed beyond a motion to dismiss:
Continue Reading Judge Marrero Allows Consumer Fraud Claims Over Jackets Marketed as Made with Ethically-Sourced Fur

Last week, a group of plaintiffs filed a complaint against federal agencies (including the Department of Health and Human Services and the Centers for Disease Control and Prevention) challenging the federal government’s handling of information reporting related to the COVID-19 pandemic.  The plaintiffs include a public charter school, a non-profit health and housing group, a New York City councilmember, and a medical student.  According to the complaint, the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019 mandated the creation of a “biosurveillance network” to provide information on the progress of public health emergencies like the COVID-19 pandemic, but the agencies tasked with creating and maintaining the network have failed to carry out their biosurveillance duties, failing to adequately report information, and failing to involve the public in policymaking decisions (as required by the law):
Continue Reading NYC Plaintiffs Challenge Federal COVID-19 Information Reporting in New Suit

In a 103-page opinion, Judge Marrero rejected President Trump’s latest attempt to block a grand jury subpoena issued to Trump’s accounting firm by Manhattan District Attorney Cyrus Vance. In July, the Supreme Court ruled 7-2 that Trump could not obtain injunctive relief based on an assertion of categorical immunity from criminal process while in office. (See our previous coverage here.) On remand, Trump argued that the subpoena was overbroad and issued in bad faith.

Dismissing the amended complaint, Judge Marrero found that “the filing of the [amended complaint] to assert claims and reargue issues substantially addressed in earlier proceedings would prolong the President’s noncompliance with the grand jury’s demand for the documents in dispute.”
Continue Reading Judge Marrero Upholds Manhattan District Attorney’s Subpoena for Trump Tax Records

The Supreme Court yesterday affirmed the conclusion of both Judge Marrero and the Second Circuit (see our coverage here) that President Trump was not immune from a grand jury subpoena issued by the Manhattan District Attorney. Writing for a 7-2 majority, Chief Justice Roberts concluded that the immunity sought ran “against 200 years of precedent”:
Continue Reading Case Over DA Subpoena to Trump Returns from Supreme Court to Judge Marrero

In an opinion this morning, the Second Circuit largely affirmed the decision by Judge Marrero (covered here) to allow the Manhattan DA to enforce a grand jury subpoena to President Trump’s accountants seeking (among other things) President Trump’s tax returns.

The Second Circuit acknowledged that the President, occupying “a unique position in the constitutional scheme,” could be shielded from certain types of judicial process, but concluded that a subpoena to his accountants did not merit that protection:
Continue Reading Second Circuit Refuses to Block Manhattan DA Subpoena to Trump for Tax Returns

In an opinion this morning, Judge Marrero dismissed President Trump’s lawsuit (see prior coverage here) seeking to block enforcement of a grand jury subpoena from the Manhattan District Attorney that seeks (among other things) Trump’s tax returns.

Judge Marrero concluded that, while presidents may enjoy some measure of immunity from criminal process in some circumstances, Trump’s “sweeping” claim of absolute immunity from any criminal process went too far:
Continue Reading Judge Marrero Rejects Trump’s “Sweeping” Claim to Immunity from DA Subpoena Over Tax Returns

In a complaint filed today (hat tip: Courthouse News), President Trump sued to enjoin the Manhattan District Attorney from enforcing a grand jury subpoena issued to his accountants seeking (among other things) various of President Trump’s tax returns.  President Trump also simultaneously sought a temporary restraining order, and the application will be heard by Judge Marrero next Wednesday.

The complaint alleges that President Trump is immune from all criminal process while in office, including a grand jury subpoena to a third party:
Continue Reading President Trump Sues to Halt Manhattan DA’s Grand Jury Subpoena for Tax Returns

In a complaint filed this week, a group of seven states (plus the District of Columbia) sued the SEC for having adopted a rule that allegedly does not comply with the mandate in the 2010 Dodd-Frank law for broker-dealers to make recommendations “without regard to” the broker-dealers’ own interests, similar to the fiduciary obligation investment advisers owe their clients.

The standard the SEC adopted instead — that broker-dealers cannot put their interests “ahead of the interest of the retail customer” — is below the standard required by law, according to the complaint, for multiple reasons:
Continue Reading Group of States Challenge SEC Rule Setting Standard of Care Broker-Dealers Owe Customers

Earlier this month, Judge Marrero denied a motion to dismiss a complaint brought by the New York State Department of Financial Services (DFS) against the U.S. Comptroller of the Currency (OCC).  The complaint challenged the Comptroller’s decision to begin issuing special purpose national banking (SPNB) charters to financial technology (“fintech”) companies that, among other things, exempted the companies from certain federal liquidity and capitalization standards.  DFS argued that the charters undermined New York’s ability to regulate and protect its financial markets.  The Comptroller moved to dismiss, arguing that DFS had not suffered an Article III injury, that the action was not ripe because no SPNB charter applications had been received from fintech companies yet, and that DFS failed to state a claim under the Tenth Amendment.
Continue Reading Judge Marrero Allows New York State Challenge to Federal Fintech Banking Charters to Proceed