Tag Archives: Judge Baer

Judge Baer Unseals Filings in Arbitration Petition, Despite Settlement

In an opinion yesterday, Judge Baer unsealed documents relating to a petition to confirm an arbitration award, notwithstanding the parties’ agreement to keep the information confidential, and notwithstanding that the parties settled the dispute before any ruling on the petition.  The unsealing order came in response to a motion to intervene from several insurance companies … Continue Reading

Judge Baer Reinstates MBS Claims After Second Ciruit’s NECA Decision

Citing the Second Circuit’s recent decision in NECA-IBEW Health & Welfare Fund v. Goldman Sachs & Co., 693 F.3d 145 (2d Cir. 2012), Judge Baer yesterday granted plaintiffs’ motion for reconsideration in two cases based on allegedly fraudulent statements in connection with the sale of mortgage backed securities. The order reinstated claims he had previously … Continue Reading

ACLU Sues Morgan Stanley For Discrimination and Predatory Lending

Today, the ACLU (along with the National Consumer Law Center ) filed a class action suit against Morgan Stanley on behalf of African American homeowners in Detroit, Michigan. The complaint alleges that Morgan Stanley’s policies and practices enabled and encouraged predatory lending by the (now bankrupt) New Century Mortgage Company, that disparately impacted African American … Continue Reading

Judge Baer: Google’s Mass Digitization of Copyrighted Works is Fair Use

This evening, Judge Baer dismissed one of three actions alleging that Google’s mass digitization of written works owned by certain Universities – which are then contributed to the HathiTrust Digital Library and made available – in snippets – via Google Books, is violative of the Copyright Act. Judge Baer concluded that the Mass Digitization Project … Continue Reading

Studios File “Me Too” Summary Judgment Motion in Action Against LimeWire

In a motion filed yesterday, Disney, Fox, Paramount, Warner Brothers and Viacom filed a motion for partial summary judgment asking Judge Baer to rule that LimeWire intentionally fostered infringement of the studios’ copyrights in movies and TV shows by distributing the LimeWire peer-to peer file sharing software. In May of 2010, in Arista – an … Continue Reading

Judge Baer Severs John Doe Defendants in Latest BitTorrent Copyright Case

In the latest in a long line of SDNY opinions on copyright infringement cases brought against anonymous users of the BitTorrent file-sharing service, Judge Baer dismissed without prejudice the suits against all but the first identified John Doe defendant in the case on the grounds that they were improperly joined. Judge Baer lamented that the … Continue Reading

SEC Moves to Reinstate Fraud Claims Against Goldman Trader Fabrice Tourre

Yesterday, the SEC asked Judge Barbara Jones to reinstate certain securities fraud claims against Goldman Sachs trader Fabrice Tourre relating to the sale of CDO notes to IKB, a German financing bank. Judge Jones dismissed these claims last June because the transaction was not a “domestic securities transaction” under the Supreme Court’s 2010 decision in … Continue Reading

Judge Baer Upholds Magistrate’s Denial of Spoliation Sanction for Failure to Issue Litigation Hold

Today, Judge Baer adopted and upheld Magistrate Judge Maas’ decision not to assess a spoliation sanction in a declaratory judgment action relating to a construction contract. In an opinion issued on April 20, Judge Maas found that plaintiffs GenOn Mid-Atlantic, LLC and GenOn Chalk Point, LLC had acted at least negligently in failing to instruct … Continue Reading