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Citing Virtues of “Inter-Court Dialogue,” Judge Oetken Refuses to Transfer EPA Case to Texas Court Considering Similar Issues

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

Judge Buchwald: Trump Can’t Block Twitter Users Under First Amendment

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

Judge Engelmayer Rejects Claim That “Diet” Label on Soda Implies Weight Loss

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

Judge Sweet Rejects Shareholder Derivative Settlement With Hollow Governance Reforms

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

Democratic National Committee Sues Russia and Trump Officials Over Hacking

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

Broadway Producers Offer to Perform “To Kill a Mockingbird” in Court to Prove Faithfulness to Novel

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

Judge Batts Unseals Bill O’Reilly’s Confidential Settlement Agreements

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

Judge Failla Again Dismisses Securities Fraud Case Over Food-Borne Illness Outbreaks at Chipotle

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

Fox News Sued for Allegedly Peddling Conspiracy Theories About Murdered DNC Staffer

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

In Trump Twitter Case, Parties Dispute Whether President’s Tweets Are Government Action; Judge Buchwald Floats “Muting” Compromise

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

Judge Rakoff Bemoans “Factual and Legal Fictions” Underlying Enforcement of Consumer Arbitration Clauses

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

Second Circuit Affirms Dismissal of Suit Challenging New York’s Charity Reporting Laws

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

Journalist’s Complaint Seeks CIA Files for “Enhanced Interrogation Techniques” at Guantanamo

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

Judge Preska: Disputed Picasso Will Stay at the Met

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
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