Tag Archives: Judge Nathan

Judge Nathan Tosses Yellow Cabs’ Fifth Amendment Takings Claim Over Uber Regulatory Treatment

Last week, Judge Nathan dismissed a challenge by a group of yellow taxi medallion owners to New York City’s regulatory treatment of Uber and similar ride-hailing services.  The plaintiffs alleged that the decision to exempt Uber and its drivers from the requirements imposed on yellow cabs constituted a regulatory taking under the Fifth Amendment and violated the … Continue Reading

Judge Nathan: Government Workers Cannot Sue Over Terrorism Fears Arising from Being Relocated to WTC

In an opinion yesterday, Judge Nathan rejected a complaint brought by federal employees who are set to be located from 26 Federal Plaza to One World Trade Center.  They claim the new lease is illegal, and that the move would harm them because (among other reasons) they fear their new office will be attacked.  Judge Nathan … Continue Reading

In Truth in Lending Act Case, Judge Nathan Delves Into Which 10-Point Fonts Are “Conspicuous” Enough for Credit Card Disclosures

This week, Judge Nathan granted summary judgment against a putative class action alleging that the Garamond LC font used by Capital One Bank in its credit card applications was not “clear and conspicuous” as required by the Truth in Lending Act.  The plaintiffs argued that the commentaries to guidance provided by the Consumer Financial Protection Bureau indicated that no font … Continue Reading

Judge Nathan Remands Stuy Town Lender Dispute Because Federal Questions Related Only to Computation of Damages

In an opinion yesterday, Judge Nathan remanded to state court a dispute among lenders to the Stuy Town residential development because it did not arise under federal law.  The plaintiffs are junior lenders who allege that certain senior lenders improperly foreclosed, but the senior lenders claim that there was no excess value for the junior … Continue Reading

Another Wrinkle in Aereo Case: Did the Supreme Court Turn Aereo Into a Cable Company?

In a joint letter to the Court filed yesterday, online TV provider Aereo and the major broadcast networks laid out their positions on the next steps in their litigation following the Supreme Court’s recent ruling in favor of the broadcasters.  Despite the Supreme Court’s ruling, the battle appears set to rage on before Judge Nathan.… Continue Reading

Supreme Court Rules Against Aereo Internet TV Service

In a case originating from the Southern District (see our prior coverage here), the Supreme Court today ruled 6-3 that Aereo, a company that streams live broadcast television over the internet (with a slight delay) violates the Copyright Act’s “Transmit Clause,” which gives copyright owners the exclusive right to public performance of their work. From … Continue Reading

Judge Oetken Explains “Overly Technical,” “Form Over Function” Rules for Citizenship of Trusts in Diversity Cases

In an opinion today, Judge Oetken, addressing a question that is unresolved in the Second Court, agreed with a prior opinion of Judge Nathan and ruled that the citizenship of a trust for diversity purposes depends in part on whether the case is brought in the name of the trust itself or in the name of … Continue Reading

Judge Nathan Refuses to Enjoin Allegedly “Uninformed” Shareholder Vote Relating to Aetna Political Donations

In an opinion today, Judge Nathan refused to issue a preliminary injunction that would required Aetna to alter the proxy materials by which it opposes two upcoming shareholder proposals seeking to require Aetna to provide more detail about its political contributions. The complaint alleges that Aetna’s prior opposition to similar proposals falsely claimed that Aetna … Continue Reading

AIG Brings Constitutional Challenge to N.Y. Regulation of Insurance Sales to Out-of-State Customers

In a complaint filed today, AIG seeks to enjoin the New York State Department of Financial Services from any enforcement action arising from the Department’s investigation into a former AIG subsidiary called ALICO.  The Department has allegedly threatened to fine AIG based on the allegation that ALICO was conducting an unlicensed insurance business in New … Continue Reading

Judge Nathan Narrows Harbinger Investor Suit; Grants Plaintiffs Standing to Sue on Behalf of Funds in Which They Did Not Invest

Today Judge Nathan largely granted a series of dismissal motions in an investor lawsuit against Harbinger Capital and certain affiliates.   She summarized the case as follows:  “At core, Plaintiffs allege that Defendants marketed the Funds as diversified, distressed-debt and credit-driven hedge funds, but in fact used the Funds to take a large ownership interest in … Continue Reading

Judge Nathan Dismisses Bank of America’s $500 Million Suit Against Bear Stearns Over “CDO Squared”

In an opinion today, Judge Nathan granted summary judgment and dismissed a $500 million suit brought by Bank of America against Bear Stearns Asset Management and three of its executives.  The suit concerned Bank of America’s underwriting of a “CDO squared” that included substantial mortgage-related assets from two Bear Stearns hedge funds.  Bank of America … Continue Reading

Second Circuit Affirms Judge Nathan’s Denial of Television Networks’ Motion for Preliminary Injunction

In an opinion issued today, a divided panel of the Second Circuit affirmed Judge Nathan’s denial of the motion for a preliminary injunction by a group of television networks against internet television provider Aereo. As we have covered in several prior posts, the networks are seeking to prevent what they claim is unauthorized infringing use … Continue Reading

Judge Nathan Denies TV Networks’ Motion for Preliminary Injunction Against Aereo

In an opinion issued today, Judge Nathan denied the motion of several major broadcast television networks to enjoin Barry Diller-backed start-up Aereo from offering its Internet television service to subscribers. This decision follows an expedited spate of briefing and a two-day hearing, which the SDNY Blog has covered in previous posts. Judge Nathan’s decision, which … Continue Reading

Parties Submit Dueling Proposed Findings of Fact and Law in Aereo Preliminary Injunction Matter

In separate filings today, both sides in the broadcast television networks’ action to preliminarily enjoin the Aereo Internet television service (which we have blogged about on several occasions) put forth competing proposed findings of fact and law to Judge Nathan, as the parties await the Court’s ruling after a two-day preliminary injunction hearing in late-May. … Continue Reading

Broadcasters Attempt to Distinguish Aereo’s Internet-TV Service from DVRs in Reply Brief

As we previously reported, the preliminary injunction hearing between Internet TV start-up Aereo and the major network broadcasters went forward last week before Judge Nathan. Yesterday, the broadcasters got presumably their last bite at the apple, with a reply brief in further support of their original motion for the injunction. In the brief, the broadcasters … Continue Reading

Preliminary Injunction Hearing in Aereo Case Goes Forward Today

Today, after extensive, fast-paced briefing from both the parties and potential amici, Judge Nathan will hold a preliminary injunction hearing that will decide, at least for the short-term, the fate of internet television start-up Aereo. As we explained in an earlier post, Judge Nathan has already dismissed the plaintiffs’ state law unfair competition claim as … Continue Reading
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