Judge Caproni

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In an opinion Friday, Judge Cronan dismissed with prejudice a suit brought by Sparks Steak House against its insurance company seeking to recover for business interruption losses arising from the COVID-19 pandemic. The policy covered, as is common in property insurance policies, “direct physical loss of or damage to property” at the premises, and Sparks argued that its inability to use the premises as a steakhouse fell within that language. Judge Cronan disagreed, using illustrations of how the policy language would be used in everyday experience:…
Continue Reading Judge Cronan: Sparks Steak House’s Business Interruption Insurance Policy Not Triggered by COVID-19 Because the Pandemic Did Not Cause “Direct Physical Loss” of Property

In an opinion last week, Judge Caproni ruled unlawful a memorandum issued by the Department of Interior that interpreted a provision of the Migratory Bird Treaty Act (“MBTA”) that prohibits killing “by any means whatever . . . at any time or in any manner, any migratory bird” to exclude incidental, unintentional killing.

The opinion begins:…
Continue Reading Judge Caproni: Agency Cannot Rewrite Statutory Prohibition on Killing Migratory Birds to Carve Out Unintentional Killings

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…

Judge Caproni recently held in the context of a SEC enforcement action that communications with an outside compliance firm were not privileged.  The communications at issue contained advice from a compliance consulting firm which, though staffed by attorneys, provided advice pursuant to a consulting agreement that specifically disclaimed the attorney-client relationship.
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Continue Reading Judge Caproni: Compliance Communications Prepared Outside of Attorney-Client Relationship Are Not Privileged

In an opinion yesterday, Judge Caproni warned Christopher Bandas, an attorney who serially files class action objections, about his apparent practice of attempting to use local counsel as a shield against sanctions, though she ultimately declined to sanction Mr. Bandas:

Bandas’ failure to provide any legitimate support for [the class objection] would be enough to

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