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On Thursday, Judge Ho largely denied the motions for summary judgment of three fertility-services-related defendants against negligence claims stemming from the failed freezing of unfertilized eggs (oocytes). In 2014, Plaintiff Larisa Lev-Ary underwent a medical procedure to extract and store her oocytes. Sixteen of these oocytes were deemed viable and subsequently frozen until 2021, when…

Last week, Judge Analisa Torres issued a temporary restraining order, seizure order, and order to show cause against unidentified sellers of counterfeit tour merchandise ahead of a Benson Boone concert at Madison Square Garden. Plaintiff Ceremony of Roses Acquisition LLC (“Ceremony of Roses”) alleges that it possesses the exclusive right to sell merchandise bearing Benson Boone’s federally registered trademarks, and highlighted in its moving papers that similar seizure orders had issued ahead of tours from other artists, including Harry Styles, Nicky Manaj and the Jonas Brothers.

Continue Reading Judge Torres Issues TRO Against Sellers of Infringing Concert Merchandise

On Monday, Judge McMahon denied a series of outstanding post-trial motions in the long-running Omnicare litigation, in which the Government alleged under the False Claims Act (FCA) that Omnicare filed over 11.5 million false claims with government programs for prescription medication dispensed without a proper prescription. In April, the jury found for the Government, awarding…

In an opinion Friday, Judge Cronan quashed subpoenas issued by the country of Türkiye to various U.S. banks for information relating to Cevdet Turkyolu, a U.S. resident and member of the faith-based Gülen movement that has fallen into disfavor with the Turkish government. The subpoenas were issued under 28 U.S.C. § 1782, which authorizes U.S. courts to issue discovery in aid of foreign proceedings.

Türkiye claimed the information was relevant to criminal cases in Türkiye against Turkyolu, but Judge Cronin found insufficient evidence that the criminal cases would actually go forward or that the requested evidence could be used. In addition, as a matter of discretion, Judge Cronan found that the suspicious circumstances of the subpoenas “weigh[ed] heavily” against enforcement of the subpoenas. In essence, there was reason to think the subpoenas were issued as political retaliation:

Continue Reading Judge Cronan Quashes “Troubling” Turkish Government Subpoenas Seemingly Intended As Political Retaliation

On Wednesday, Judge Furman granted a permanent injunction against an Executive Order imposing civil and criminal penalties on those who provide “services” to certain persons associated with the International Criminal Court (“ICC”). The plaintiffs, two law professors, had in the past submitted amicus briefs in support of the ICC, conducted trainings, and advised certain ICC individuals. Consistent with a 2020 decision from Judge Failla concerning a similar Executive Order (subsequently withdrawn in the Biden administration), Judge Furman determined that the new Order was “content-based” and therefore subject to strict scrutiny. As Judge Furman explained, “Plaintiffs are free to speak if their speech does not have the function or purpose of benefitting [the head of the ICC’s Office of the Prosecutor]; but they are subject to civil and criminal penalties if it does have that function or purpose.”

The Court found the government’s arguments to the contrary “unpersuasive”:

Continue Reading Judge Furman Permanently Enjoins Executive Order Penalizing Providing Services to Sanctioned Persons Associated with the International Criminal Court

In a decision issued last Friday, Judge Gardephe dismissed President Trump’s lawsuit against journalist Bob Woodward, publisher Simon & Schuster, and parent company Paramount Global. The lawsuit sought to assert copyright ownership over audio recordings of Woodward’s interviews with Trump, which were later released as the audiobook The Trump Tapes.  Trump alleged that he was either a joint author or held a copyright interest in his responses during the interviews, and that the release of The Trump Tapes and related works violated his rights. He also asserted state law claims for unjust enrichment, breach of contract, and accounting.

Continue Reading Judge Gardephe Dismisses Trump’s Copyright Suit Over “The Trump Tapes”

On Wednesday, Judge Ho denied the government’s motion for a cost bond pending appeal in a civil asset forfeiture case against defendant-in-rem the M/Y Amadea, a 348-foot luxury superyacht purportedly owned by a Russian national subject to economic sanctions. Since seizing the superyacht, the government has spent approximately $32 million on transportation, maintenance and storage, and now seeks bond for approximately $25 million in incurred taxable costs. In related proceedings, the claimants have appealed the forfeiture of the Amadea, and the government estimates that the appeal will take approximately one year and incur another $10 million in taxable costs.

Continue Reading Judge Ho Exercises Discretion to Deny Government’s Bond for Seized Luxury Superyacht Upkeep Costs

In an opinion Monday, Judge McMahon imposed over $900 million in damages and statutory penalties under the False Claims Act on long-term care pharmacy services provider Omnicare after a jury verdict finding that Omnicare submitted claims to the government for medications that lacked valid prescriptions.

The actual damages to the government were approximately $136 million, but that amount was then statutorily trebled and coupled with statutory penalties. Omnicare argued that the Constitution limited the government to a one-to-one ratio of actual damages to penalties. It relied on State Farm Mut. Automobile Co. v. Campbell, 538 U.S. 408 (2003), which found a jury award of $145 million in punitive damages on top of $1 million in actual damages violated due process and which suggested that in some cases a one-to-one ratio might be the maximum allowable.

But Judge McMahon disagreed, finding that the case was governed by the Constitution’s “excessive fines” clause, not the due process clause implicated in State Farm:

Continue Reading Judge McMahon Concludes That $900 Million In False Claims Act Damages and Penalties Is Not Constitutionally Excessive Because Amount Was “Serious” But Not “Surreal”

On Wednesday, Judge Carter granted a preliminary injunction to halt efforts from the Department of Labor (DOL) to close 99 private Job Corps centers that offer food, shelter and vocational resources to impoverished youth. The DOL admitted that it did not follow statutory requirements for closures, but argued that the termination of contracts only paused operations, rather than shuttering any centers. The Court concluded that this was a “distinction without a difference” and that the DOL exceeded its statutory authority.

Earlier this year, the DOL implemented two new policies that gave rise to this lawsuit. First, the DOL stopped performing statutorily required background checks for new applicants, which “effectively prevented new enrollment in the program, because, by statute, new enrollees may not begin the program until after they pass these background checks.” Second, the DOL terminated all contracts with private Job Corps centers and informed them that all centers must be shut down by June 30, 2025.

Continue Reading Judge Carter Preliminarily Enjoins DOL From Closing Job Corps Centers