Judge Rakoff has published in The New York Review of Books a piece entitled Why You Won’t Get Your Day in Court, in which he describes several factors that have caused ordinary citizens to have less and less access to courts. He argues, for example, that the Supreme Court’s decision in AT&T v. Concepcion, which upheld mandatory arbitration clauses with class action waivers, treated the Seventh Amendment’s right to a jury trial like an “outmoded procedure that could be forfeited in the interest of saving time.”
Continue Reading Judge Rakoff Bemoans “Insidious Trend” of Ordinary Citizens’ Decreasing Access to Courts
Judge Swain: Bare Allegation that Courthouse Contractor Was Underpaid Does Not Satisfy Rule 8
In an opinion yesterday, Judge Swain dismissed a case brought by a subcontractor who worked on the SDNY courthouse and claims to have been underpaid by $20 million. She found the complaint lacked even the most basic details required under Rule 8:
[The plaintiff] alleges generally that it believes it is owed more than $20,000,000
Sixth Circuit Echoes Judge Castel’s Timing Concern in Refusing to Immediatly Enjoin “Ballot Selfie” Ban
In an opinion this afternoon, the Sixth Circuit refused to block Michigan’s “ballot selfie” ban, and, in doing so, echoed the very same concern from Judge Castel on Wednesday (covered in this post, immediately below), about delay in bringing suit:
One hundred and twenty-five years ago, Michigan enacted a law designed to protect the
Judge Castel Expresses Skepticism of Delay in Application to Enjoin “Ballot Selfie” Ban
On Wednesday, a new complaint sought a TRO and preliminary injunction against a law banning so-called “ballot selfies” on the ground that the law violates the First Amendment. According to the complaint, “Taking a photograph of a filled out ballot is a powerful political statement that demonstrates the importance of voting. Without the photograph, the
FOIA Suit Seeks Disclosure of Law Enforcement Surveillance of Black Lives Matter Movement
A complaint filed yesterday seeks to enforce a FOIA request for data on the federal government’s surveillance of the activities of the Black Lives Matter movement. The complaint argues that the monitoring may “chill valuable public debate about police violence, including the use of deadly force, criminal justice, and racial inequities” in violation of the
NY Times on Judge Duffy: “After Nearly 44 Years, and 3 Major Terrorism Trials, a Judge Leaves the Bench”
The story is here.
Supreme Court Grants Cert in Case Challenging New York’s Credit Card Surcharge Ban
Today the Supreme Court granted certiorari in a First Amendment challenge to New York’s ban on credit card surcharges. The law allows merchants to charge different prices for cash and credit card purchases, but, according to the plaintiffs, it violates the First Amendment by prohibiting them from calling the extra charge for credit card purchases
Judge Carter Grants Jay-Z Summary Judgment in Suit Over Record Label Logo
In a opinion yesterday, Judge Carter dismissed claims by a plaintiff alleging that he created the logo for Jay-Z’s record label Roc-A-Fella, and is owed money under a contract and under the copyright laws. The logo is depicted below:
Continue Reading Judge Carter Grants Jay-Z Summary Judgment in Suit Over Record Label Logo
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
Judge Batts: Investors in Madoff Feeder Fund Lack Standing to Sue Fund Managers and Auditors
In an opinion yesterday, Judge Batts dismissed claims by investors in a Madoff feeder fund against the fund’s managers and auditors because, under the law of the British Virgin Islands (where the funds were organized), only the fund had standing to assert the claims. If fact, she noted, similar claims against the same defendants are being pursued by the fund itself in BVI liquidation proceedings:
Continue Reading Judge Batts: Investors in Madoff Feeder Fund Lack Standing to Sue Fund Managers and Auditors