Judge Forrest

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Yesterday, Judge Forrest dismissed the remaining claims in the ongoing aluminum antitrust litigation, which alleged that aluminum trading firms and warehouses conspired to increase the price of aluminum.  In August, the Second Circuit affirmed Judge Forrest’s dismissal of the claims brought by indirect purchaser plaintiffs who did not actually participate in the market that was supposedly distorted (see our previous coverage here).

Judge Forrest applied the same logic to dismiss the claims for the remaining  first level purchaser plaintiffs:
Continue Reading Judge Forrest Dismisses Remaining Claims in Aluminum Antitrust Litigation

In an opinion yesterday, the Second Circuit affirmed Judge Forrest’s ruling (covered here) dismissing claims by consumer and commercial end-users who alleged that aluminum trading firms and warehouses conspired to increase the price of aluminum.  The Second Circuit ruled that the plaintiffs lacked antitrust standing because they did not participate in the markets where the wrongdoing was alleged to have occurred:
Continue Reading Second Circuit Agrees With Judge Forrest that Aluminum Consumers Lack Antitrust Standing for Alleged Conspiracy Between Warehouses and Traders

Yesterday, Italian fashion company Aquazurra filed a complaint against Ivanka Trump and her partner Marc Fisher over shoes that allegedly infringe on Aquazurra’s designs.  Trump’s company markets a red “Hettie” shoe that Aquazurra claims infringes on its famous “Wild Thing” shoe (pictured here):

Shoes with Caption

Aquazurra alleges that at least two other Trump shoes infringe on Aquazurra’s…

In an opinion Friday, Judge Forrest rejected claims by a group of defendants (referred to as the “Town Defendants”) and their public relations firm that their communications were in all circumstances privileged, because no one had done the necessary work to show, on a communication-by-communication basis, that the privilege would apply:
Continue Reading Judge Forrest Rejects Blanket Privilege Claims for Communications With PR Firm

In a wide-ranging opinion yesterday, Judge Forrest passed judgment on a slew of defenses asserted by UPS in a breach of contract action brought by the City and State of New York.  The action seeks to enforce the terms of an Assurance of Discontinuance (“AOD”) whereby UPS agreed to comply with City and State laws regarding taxes for cigarettes shipped by the company.

Among other defenses, Judge Forrest considered UPS’s defense that the City and State’s claims were barred based on their failure to enforce the relevant laws regarding cigarette taxes against third parties.  Judge Forrest rejected this defense, noting the broad discretion given to government actors when making policy enforcement decisions:Continue Reading Judge Forrest Partially Rejects “Lack of Enforcement” Defense in UPS Cigarette Tax Action

Judge Forrest yesterday granted the defendants’ summary judgment motion in a case accusing FedEx of violating RICO by overcharging for packages based on weight and Canadian customs fees.  She found that the plaintiffs had failed to show the necessary “distinctness” between the FedEx affiliate that committed the alleged wrongs and the “enterprise” through which it…

In an opinion today, Judge Forrest dismissed (with a limited right to replead) claims that various banks and their affiliates conspired to monopolize and inflate prices in the market for zinc stored in warehouses licensed by the London Metal Exchange.  The case is similar to the aluminum antitrust cases before Judge Forrest (covered here).  She found (among other things) that the complaint alleged, at most, parallel conduct.
Continue Reading Judge Forrest Dismisses Zinc Antitrust Case; Chides Lawyers for “Group Pleading”