Archives: SDNY Blog

Subscribe to SDNY Blog RSS Feed

Magistrate Judge Wang: “Sheer Volume” of Deposition Objections Not Enough for Sanctions

In an opinion today, Magistrate Judge Wang denied a motion for sanctions premised on (among other things) the “sheer volume” of objections during two depositions, including, in one instance, a deposition with an objection on approximately 80% of the transcript pages. Judge Wang concluded that the number of objections alone was not enough, given that … Continue Reading

Judge Engelmeyer Vacates HHS “Conscience Rule” In Its Entirety

In a 147 page opinion today, Judge Engelmayer vacated the so-called “conscience rule” that would have allowed health care providers who receive federal funds to decline to provide services to patients based on religious or moral grounds.  The plaintiffs, a group of state and local governments, challenged the regulation based on improper rulemaking, violations of the Establishment … Continue Reading

Second Circuit Refuses to Block Manhattan DA Subpoena to Trump for Tax Returns

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,” … Continue Reading

Copyright Lawyer Asks that Judge Kaplan Recuse Himself for Referring to Lawyer as “Troll”

In a motion this week, a lawyer representing photographers in copyright suits asked that Judge Kaplan recuse himself after a recent order observed that other judges in the District had referred to the lawyer as a “copyright troll.”  The order described the over one thousand cases filed by this particular lawyer as “strike suits, designed to … Continue Reading

Judge Daniels Enjoins “Public Charge” Rule Aimed At Restricting Immigration

In an opinion Friday, Judge Daniels preliminarily enjoined a new regulation that would change the framework for determining when those applying for legal residency are denied admission as a “public charge.”  The new proposed rule would have focused on whether the applicant was likely to receive 12 months of public benefits within 36 months.  Judge … Continue Reading

Judge Marrero Rejects Trump’s “Sweeping” Claim to Immunity from DA Subpoena Over 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, … Continue Reading

Judge Oetken Dismisses Constitutional Challenge to Cap on State and Local Tax Deductions

In an opinion today, Judge Oetken rejected a lawsuit (covered here) by which four states, including New York, sought to invalidate the newly-enacted cap on the deduction for state and local taxes (SALT) on a filer’s federal income tax returns.  The challengers argued the law “verg[es] into territory that is constitutionally reserved to the states.”  … Continue Reading

Second Circuit Revives Suit Against Fox News for “Campaign of Emotional Torture” Against Family of Murdered DNC Staffer

Last week, the Second Circuit vacated a decision by Judge Daniels that dismissed a suit against Fox News by the family of DNC staffer Seth Rich (see our coverage of that decision here).  The complaint alleged that Fox News and two contributors intentionally exploited the murder of DNC staffer Seth Rich during the 2016 election … Continue Reading

President Trump Sues to Halt Manhattan DA’s Grand Jury Subpoena for 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 … Continue Reading

Second Circuit Revives Emoluments Case Against President Trump, Creating Circuit Split

Friday morning, the Second Circuit vacated the district court’s dismissal of a suit challenging President Trump’s business dealings under the Foreign and Domestic Emoluments Clauses of the U.S. Constitution.  (See our prior coverage here.)  In December 2017, Judge Daniels found that Plaintiffs had failed the causation and redressability prongs of the Article III standing inquiry, … Continue Reading

Group of States Challenge SEC Rule Setting Standard of Care Broker-Dealers Owe Customers

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 … Continue Reading

Audiobook Captions Are Unauthorized Reproductions, Argue Publishers

Last week, seven major publishers filed a lawsuit claiming that a new captioning service offered by audiobook company Audible, Inc. violates copyright law.  The “Audible Captions” feature transcribes the narration from the audiobook and displays the text on-screen, so that listeners-slash-readers can follow along in real time.  Although previous Audible offerings have allowed users to … Continue Reading

Judge Pitman: Passenger Booted Off Plane, Allegedly for Ignoring Exit Row Briefing, Can Proceed to Trial of Breach of Contract Case

In a decision yesterday, Magistrate Judge Pitman denied summary judgment to Spirit Airlines, which was sued by a pro se passenger who claims to have been improperly booted off a flight for having ignored the exit row briefing. Judge Pitman noted that the “parties’ versions of the material events are substantially different.”  According to Spirit, … Continue Reading

Champion Boxer Asks Judge Castel to Set Location for Title Bout Rematch

In a complaint filed this week, the promoter representing former heavyweight boxing champion Anthony Joshua has sought a declaratory judgment allowing Joshua’s promoter to select the site of a rematch bout with reigning champion Andres Ruiz.  According to the complaint, Ruiz was asked to serve as a last-minute substitution for a June 1, 2019 fight … Continue Reading

Judge Gardephe: “Degrading” For Counsel to Refer to Female Adversary By Her First Name Before Jury

In an opinion Monday denying a motion for a new trial in a car accident case, Judge Gardephe rejected the plaintiff’s argument (among others) that Judge Gardephe made unfairly biased comments during the trial.  While Judge Gardephe acknowledged there were times that counsel “strained the patience of the Court,” those did not take place before … Continue Reading

In Reviving Sarah Palin’s Suit Against the Times, Second Circuit Rejects Use of Evidentiary Hearings on Motions to Dismiss

In an opinion today, the Second Circuit revived Sarah Palin’s suit accusing The New York Times of defaming her in an editorial suggesting that her political action committee’s use of “stylized cross hairs” over the districts of several members of Congress in online materials was responsible for the “political incitement” of Jared Lee Loughner, who killed … Continue Reading

Judge Schofield Trims Claims in Multi-Level Marketing Scheme Class Action Against Trump Organization

In a decision July 24, Judge Schofield dismissed civil RICO claims against the Trump Organization and Trump family members, while allowing the remaining putative class claims to proceed.  The case (see our previous coverage here) alleged that Donald J. Trump, the Trump Organization, and members of the Trump family falsely promoted the multi-level-marketing scheme ACN, reaping millions of … Continue Reading

In Dismissing DNC Case, Judge Koeltl Emphasizes First Amendment Right to Publish Material Stolen By Others

In an opinion Tuesday, Judge Koeltl dismissed the case brought by the Democratic National Committee and accusing the Wikileaks, the Trump Campaign and others of conspiring with Russia to steal DNC emails in 2016 so as to help President Trump’s election chances (see prior coverage here). Judge Koeltl dismissed a large portion of the case … Continue Reading

Judge Abrams: Jeff Beck Cannot Be Sued in New York Just Because 1969 Guitar Theft Leading to Ownership Dispute Occurred Here

In an opinion yesterday, Judge Abrams found that the court lacked long-arm jurisdiction over British rocker Jeff Beck in a case over the rightful ownership of one of his guitars. The guitar purchaser, plaintiff Perry Margouleff, sought a judicial declaration to refute Beck’s claims that the guitar was stolen from him at a 1969 concert … Continue Reading

Judge Engelmayer: “Short Weighting” Class Action Against Whole Foods Disproven by “Lived Kitchen Experience”

In an opinion yesterday, Judge Engelmayer dismissed a class action accusing Whole Foods of exaggerating the weights of certain pre-packaged foods, so as to overcharge customers.  The genesis of the suit was an analysis by New York City’s Department of Consumer Affairs (DCA) finding that 89% of tested products had incorrect weights. The lead plaintiff, … Continue Reading

Judge Oetken: MLB Umpire Can’t Bring Bias Claims Under Conflicting State Laws

On Thursday, Judge Oetken dismissed a Major League Baseball umpire’s discrimination claims under the Ohio Civil Rights Act, holding that the plaintiff could not seek relief under the conflicting laws of two different states based on a single course of employer conduct.  The plaintiff alleged that the MLB discriminated against him on the basis of … Continue Reading

Judge Castel: Plaintiffs Fail to State Claim Against Ja Rule for Fyre Festival

This week, Judge Castel dismissed claims against Jeffery Atkins (better known as Ja Rule) over his role in the disastrous 2017 Fyre Festival (see our previous post here). Judge Castel held that, while tweets and Instagram posts could be considered material misrepresentations, plaintiffs failed to plead a fraud claim because they did not allege that they … Continue Reading

Second Circuit Affirms Judge Buchwald in Trump Twitter Case

In the ongoing case regarding whether President Trump can block individual Twitter users under the First Amendment (see our previous coverage here), the Second Circuit earlier this week affirmed Judge Buchwald’s earlier ruling that the president’s Twitter account is a public forum and that blocking individual users represented unconstitutional viewpoint discrimination.… Continue Reading
LexBlog