In an opinion Wednesday, Judge Oetken ruled that it was not unconscionable for UnrollMe, a provider of free software to help unsubscribe consumers from unwanted email, to enforce the users’ agreement to allow the company to use or sell their data, at least on an anonymized basis — notwithstanding that people may not like this … Continue Reading
In an opinion yesterday, Judge Oetken refused to transfer to the Southern District of Texas a challenge to the EPA’s decision to suspend a rule from the previous administration, concerning the definition of “navigable waters.” The Southern District of Texas is considering similar issues in a related case, but Judge Oetken found that the desire … Continue Reading
In an opinion yesterday, Judge Buchwald found that President Trump’s practice of blocking users on Twitter (typically after they post a comment critical of the President) violates the First Amendment. The plaintiffs (who included individual users as well as the Knight First Amendment Institute) claimed that preventing them from viewing comments, replying to tweets, and participating … Continue Reading
In an opinion Thursday, Judge Engelmayer dismissed claims by plaintiffs who alleged that they were defrauded into buying Diet Pepsi because they thought that the word “Diet” implied it would help with weight loss. He found that, in context, the plaintiffs’ alleged inference was not a reasonable one, since the term “Diet” refers to the … Continue Reading
In an opinion Thursday, Judge Sweet rejected a proposed settlement of a shareholder derivative case because the consideration for the settlement consisted of three corporate governance reforms that were all but meaningless, such as a commitment to vague and unspecified “training” and a commitment to maintain the same ethics code that existed all along and … Continue Reading
The White House’s latest judicial nominations, announced today here, include two nominations to the SDNY bench: SDNY Bankruptcy Judge Mary Kay Vyskocil and Cleary Gottlieb partner Lewis Liman.… Continue Reading
On Monday, Magistrate Judge Aaron ordered that the producers of To Kill a Mockingbird must film a performance of their play no later than May 15 as part of expedited discovery in their dispute with the estate of novelist Harper Lee. The producers are seeking a judicial declaration that the play (with a script written … Continue Reading
In an opinion last week, Judge Oetken denied a motion by a plaintiff, who identifies as genderqueer and who accuses the defendants of employment discrimination, to sue under a pseudonym. The decision was largely based on the fact that the plaintiff had already been identified in a news article, but Judge Oetken also noted the … Continue Reading
The complaint, filed today, alleges a broad conspiracy to benefit Donald Trump’s candidacy: Russian agents made clear that their government supported Trump and was prepared to use stolen emails and other information to damages his opponent and the Democratic party. Rather than report these repeated messages that Russia intended to interfere with U.S. elections, the … Continue Reading
In a complaint filed Monday, the producers of a forthcoming Broadway version of To Kill a Mockingbird, with a script written by Aaron Sorkin, are seeking a judicial declaration that the play is consistent with a written agreement to the rights to the play for just these purposes. An alleged representative of Harper Lee’s estate … Continue Reading
In an opinion yesterday, Judge Batts unsealed certain confidential settlement agreements (now available here) relating to harassment claims against former Fox News anchor Bill O’Reilly. The plaintiffs are parties to those agreements and their suit (see our previous covered here) claims that O’Reilly defamed them by calling them “smear merchants” and otherwise implying that their … Continue Reading
In the copyright case over the use of images of real NBA players’ tattoos in the NBA 2K video game (see our prior coverage here), Judge Swain on Friday denied defendants’ motion for judgment on the pleadings. She concluded that more discovery was needed to determine whether the tattoos were such a “de minimis” part … Continue Reading
In a detailed 74-page opinion yesterday, Judge Failla dismissed a securities fraud complaint against Chipotle arising from its alleged failure to properly disclose to investors various matters relating to the food-borne illness outbreaks that caused its stock to drop. She had dismissed an earlier version of the complaint last year, as we covered here. Judge … Continue Reading
A complaint this week alleges that Fox News and two contributors intentionally exploited the murder of DNC staffer Seth Rich during the 2016 election season. Rich was murdered in Washington in what authorities believed was a botched robbery; the complaint alleges that Fox News reported a false story that Rich had been murdered after leaking thousands … Continue Reading
Last week, Judge Buchwald heard oral argument (see transcript here) on summary judgment motions in Knight First Amendment Institute v. Donald J. Trump (see our previous coverage here). The suit alleges that President Trump and others violated the First Amendment when they blocked Twitter users who wrote tweets critical of the president. The plaintiffs claim that preventing them from … Continue Reading
So reports the New York Law Journal, in an article entitled “Judge Andrew J. Peck, 1 of E-Discovery’s Most Influential Figures, Retires From the Bench.” Our posts involving Judge Peck are collected here.… Continue Reading
In an opinion today in the Uber antitrust case, which was on remand from the Second Circuit (see our prior coverage here), Judge Rakoff sent the case to arbitration based on the “Terms of Service” within Uber’s phone application. Before doing so, however, he complained of having to enforce terms that “everyone recognizes” are “totally … Continue Reading
In an opinion today, the Second Circuit held that the “fair use” defense under copyright law did not apply to a service called “TVEyes” that allows users to search transcripts of cable news and other TV shows, and then watch clips up to 10 minutes long (called the “Watch” function). The decision was a reversal … Continue Reading
Today, an en banc panel of the Second Circuit held that discrimination based on sexual orientation is a form of discrimination “because of . . . sex” in violation of Title VII, overturning Simonton v. Runyon, 232 F.3d 33 (2d Cir. 2000). In 2017, a Second Circuit panel reviewing a decision of Judge Failla that … Continue Reading
Yesterday, the Second Circuit affirmed Judge Stein’s decision last year to dismiss a suit by Citizens United challenging New York’s charity reporting laws (see our previous coverage here). Citizens United challenged the New York Attorney General’s requirement that charities file an un-redacted Schedule B, a form listing the names and contribution amounts of the charity’s … Continue Reading
A complaint filed this week seeks to compel the CIA to release records related to its interrogation practices, including “enhanced interrogation techniques” used on a prisoner held at Guantanamo Bay, Cuba. According to the complaint, the prisoner has been held at the Guantanamo Bay facility for fifteen years without being charged. A Politico article cited in … Continue Reading
Yesterday, Judge Preska dismissed a suit seeking to reclaim Picasso’s “The Actor” from the Metropolitan Museum of Art. The suit alleged that the painting was sold under duress in the 1930s after its owner at the time, a German Jew, fled the Nazi regime (see our original coverage here). While the opinion details the plight of the … Continue Reading
