Tag Archives: Judge Oetken

Judge Oetken:  Law Firm Partners Can Be “Employees” for Purposes of Sex Discrimination Suit, Based on Control by Management Committee

In an opinion yesterday, Judge Oetken denied the defendants’ pre-discovery summary judgment motion in a sex discrimination suit against the law firm Chadbourne & Parke and certain partners. The defendants argued that the named plaintiffs, as firm partners, did not qualify as “employees” of the firm for purposes of the relevant discrimination statutes because of their … Continue Reading

Judge Oetken: Preliminary Injunction Winner in Trademark Case Cannot Direct Third Party Retailers to Stop Selling the Accused Product

In an opinion today, Judge Oetken clarified a preliminary injunction granted to the maker of a product called “My Cinema Lightbox,” a backlit sign similar to old-fashioned movie theater displays (see image below), against a similar product called “My Marquee Lightbox.”   After winning its motion for a preliminary injunction, the plaintiff  began instructing retailers that … Continue Reading

Judge Oetken: Lawyer Cannot Sue Internet Search Engines That Index Negative Articles

In an opinion yesterday, Judge Oetken ruled that internet search engines are immune from liability under the Communications Decency Act (CDA) for indexing websites with negative articles about the plaintiff, a lawyer: Courts have interpreted the CDA to give search engines broad immunity from defamation and other related causes of action resulting from their aggregation and … Continue Reading

Default Judgment Leads to Forfeiture in U.S. Attorney’s Successful Pursuit of Tyrannosaurus Skull

Yesterday, Judge Oetken entered a default judgment against one Tyrannousaurus bataar skull, marking a successful end to the U.S. Attorney’s forfeiture action against the skull.  The original complaint alleged that the skull was cultural property stolen from Mongolia and sought to return it. Our previous coverage of the case is here.… Continue Reading

Judge Oetken Denies Motion to Dismiss Securities Case Accusing Och-Ziff of Incomplete Statements Regarding Government Investigations

In an opinion today, Judge Oetken allowed portions of securities class action against the asset management firm Och-Ziff Capital Management to proceed past a motion to dismiss.  Och-Ziff had said in a series of public filings: “We are not currently subject to any pending regulatory, administrative or arbitration proceedings that we expect to have a … Continue Reading

U.S. Attorney Files Suit Against Tyrannosaurus Skull

The U.S. Attorney’s Office filed this week an asset forfeiture action against a Tyrannosaurus bataar skull.  The skull, found in the Gobi Desert in Mongolia and dating from the Cretaceous period 65 million years ago, was sold at an auction in New York in 2007 for $276,000.  The complaint alleges that the skull is cultural property stolen from … Continue Reading

Second Circuit Affirms Judge Oetken’s Decision Dismissing Art Authenticator’s Defamation Claims Against the New Yorker

The Second Circuit today affirmed Judge’s Oetken’s decision from August 2013 dismissing defamation claims against the New Yorker stemming from a 2010 profile of Peter Paul Biro, a specialist in art authentication through fingerprint analysis who was featured in the documentary Who the #$&% is Jackson Pollock?.  The Second Circuit found that Rule 8 requires a … Continue Reading

Judge Oetken: Sprint Can’t Re-litigate Arbitral Ruling Allowing Customer Class Action

In an opinion today, Judge Oetken ruled that Sprint was collaterally estopped from revisiting an arbitration ruling in Kansas concluding that, under Kansas’s Unfair Trade and Consumer Protection Act (“KCPA”), a customer named Vincent Emilio was allowed to bring his claims against Sprint as a class action. In the underlying dispute, Emilio alleges it was … Continue Reading

Judge Oetken Certifies Liability-Only Class in MBS Case Against JP Morgan

In an opinion yesterday, Judge Oetken certified a class, for purposes of liability only, in a case alleging that certain JP Morgan mortgage-backed securites offering documents falsely represented (among other things) that the underlying loans complied with certain underwriting standards when, in fact, those standards were abandoned. Judge Oetken rejected JP Morgan’s argument (among many … 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 Oetken: Confusing “Morass” Concerning MERS Assignment of Home Loan Does Not Void Mortgage

In an opinion yesterday, Judge Oetken denied a partial summary judgment motion by two homeowners seeking to void the mortgage on their home. The mortgage rights associated with their home loan may have been assigned through the Mortgage Electronic Registration Systems, Inc., or “MERS,” but the evidence about whether or to whom the assignment occurred … Continue Reading

Judge Oetken Dismisses SEC Insider Trading Complaint Containing “All Belief and No Information”

In an opinion dated yesterday, Judge Oetken dismissed an SEC complaint against two individuals who made what it contended were highly suspicious trades in the stock of Onyx Pharmaceuticals, Inc. shortly before Amgen, Inc. made an unsolicited bid for Onyx that made Onyx’s stock price rise. Judge Oetken ruled that the complaint did not have enough … Continue Reading

Judge Oetken Rules Hyperlinking Constitutes Attribution to Source, Dismisses Defamation Suit by Sheldon Adelson

In an opinion today, Judge Oetken dismissed a defamation suit brought by GOP donor Sheldon Adelson because (among other reasons) the allegedly defamatory language hyperlinked to an AP article about a lawsuit, and thus constituted a privileged “attribution” of the assertion to a judicial proceeding.  The suit related to an online petition entitled “Tell Romney … Continue Reading

Judge Oetken Concludes That Dropped Suit Did Not Cause Pay Changes at Citibank, Denies $6 Million Fee Request

In an opinion issued this morning, Judge Oetken denied a $6 million fee request from lawyers that voluntarily dismissed a suit charging Citi with awarding excessive compensation. The suit was filed after Citi’s shareholders, in a non-binding “say-on-pay” vote, rejected Citi’s proposed executive compensation plan for 2011. The lawyers argued that the suit caused certain … Continue Reading

Judge Oetken Dismisses Claims in Biro Defamation Lawsuit Relating to New Yorker Article

In the defamation action stemming from a 2010 New Yorker profile of  Peter Paul Biro (a specialist in art authentication through fingerprint analysis who was featured in the documentary  Who the #$&% is Jackson Pollock?), Judge Oetken yesterday granted a motion  for judgment on the pleadings filed by the New Yorker Defendants (Conde Nast, and David Grann, … Continue Reading

Judge Griesa Declares Forthcoming Emma Thompson Film “Effie” Not Infringing of Play Based on Same Historical Events

Emma Thompson and her husband, Greg Wise, wrote a screenplay about the love triangle between John Ruskin – an influential art critic of the Victorian era – his teenage bride,  Euphemia (“Effie”)  Gray, and John Everett Millais, Ruskin’s protégé. That screenplay has since been turned into a movie – Effie – starring Thompson, Wise, Dakota Fanning, … Continue Reading

Judge Oetken Allows Art Authenticator to Proceed With Defamation Claims Concerning New Yorker Article

In a 65-page opinion issued today, Judge Oetken allowed Peter Paul Biro, who is known for art authentication through fingerprint analysis, to proceed with certain of his defamation and related claims arising from a July 2010 New Yorker article raising questions about him. The article itself is appended to the decision. The defendants had moved … Continue Reading
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