Tag Archives: Judge Gardephe

Judge Gardephe: “Degrading” For Counsel to Refer to Female Adversary By Her First Name Before Jury

In an opinion Monday denying a motion for a new trial in a car accident case, Judge Gardephe rejected the plaintiff’s argument (among others) that Judge Gardephe made unfairly biased comments during the trial.  While Judge Gardephe acknowledged there were times that counsel “strained the patience of the Court,” those did not take place before … Continue Reading

Judge Gardephe: Courts Can’t Force Nonparty Insurers to Mediate

In a handwritten memo endorsement today, Judge Gardephe denied a plaintiff’s request to force the defendants’ insurers to participate in mediation, concluding that the Court lacked the power to direct the actions of a nonparty: The Carriers are not parties before this Court. If Defendants believe that the Carriers are not meeting their responsibilities under … Continue Reading

Judge Gardephe Dismisses Renewed Defamation Claims by Anti-Aging Doctors Labeled as “Quacks”

Today, Judge Gardephe dismissed with prejudice the amended complaint brought by two prominent “anti-aging” doctors against the nonprofit consumer advocacy website “Quackwatch.”  Last year, Judge Gardephe dismissed the original complaint, containing defamation claims based on an article reporting that the plaintiffs had agreed to pay fines to the Illinois licensing authorities for improperly using the term “M.D.” after their … Continue Reading

Judge Gardephe: It is Not Defamatory to Suggest That Anti-Aging Doctors Fined for Misconduct Are “Quacks”

In an opinion yesterday, Judge Gardephe dismissed a defamation complaint brought by two prominent doctors who practice “anti-aging” medicine (see coverage of them in the New York Times here) over an article on a nonprofit consumer advocacy website called “Quackwatch” reporting that they had agreed to pay fines to the Illinois licensing authorities for improperly … Continue Reading

Judge Gardephe Denies Bill Cosby Access to Unpublished Material Used in New York Magazine Story

In an oral ruling today, reported by Reuters, Judge Gardephe denied as “border[ing] on the frivolous” Bill Cosby’s motion to compel New York Magazine to produce unpublished material relating to a story it published about 35 women who accused him of sexual assault.  Cosby had argued in his motion papers that the material fell outside … Continue Reading

Judge Gardephe Allows Plaintiff to Dismiss Own Federal Patent Claims Against Chobani But Preserves Federal Jurisdiction

In an opinion this week, Judge Gardephe granted the plaintiffs’ motion to dismiss their own federal trademark claims, but found that the defendants’ declaratory judgment counterclaims were enough to preserve federal jurisdiction.  Defendant Chobani had alleged that the dismissal of the federal law claims was simply a tactic for the plaintiffs to attempt to defeat federal subject matter … Continue Reading

JPML Transfers Antitrust Cases Alleging Bank Manipulation of Treasuries Markets to Judge Gardephe

Last week, the Judicial Panel on Multidistrict Litigation transferred 25 actions pending in three districts to Judge Gardephe as part of a MDL concerning Treasury securities.  According to the Order, the actions all allege that “over 20 defendant banks conspired to manipulate Treasury securities auctions overseen by Federal Reserve Bank of New York, as well as the market … Continue Reading

Judge Gardephe Certifies for Appeal Issue of Whether SEC Can Subpoena Congressional Committee

Judge Gardephe yesterday certified for interlocutory appeal his earlier ruling (covered here) allowing the SEC to obtain some (but not all) categories of information sought by a subpoena to a congressional committee in connection with an investigation of the STOCK Act, which essentially extends the insider trading laws to Congress.   He found that an immediate appeal … Continue Reading

Judge Gardephe Rules that Congressional Committee Must Respond to SEC Subpoena, But May Withhold Internal Legislative Deliberations

In an opinion dated Friday but released this morning, Judge Gardephe largely upheld subpoenas to a congressional committee and a staffer concerning allegedly unlawful stock trading under the STOCK Act, which essentially extended insider trading laws to Congress.  (See our previous coverage of the case here.) Judge Gardephe found that the subpoenas were not barred … Continue Reading

Grand Central Owners Sue City for Allegedly Giving Away Their Air Rights to Private Developer

In a complaint filed yesterday, the owners of Grand Central terminal accuse New York City of changing the zoning rules to effectively give away their’ “air rights” and other “transferrable development rights” (TDRs), so that a private developer, SL Green, could build a new office tower.  The plaintiffs claim that this was a classic “taking” under … Continue Reading

Judge Gardephe Allows DOJ to Proceed With Suit Accusing Novartis of Using “Sham” Speaker Events to Pay Doctors Kickbacks

In a 90-page opinion today, Judge Gardephe largely denied Novartis’ motion to dismiss a government suit alleging that it paid doctors kickbacks by hosting sham speaker events that allegedly “served as little more than upscale social outings designed to induce doctors to write prescriptions for Novartis drugs.”  He rejected Novartis’ argument that the complaint lacked … Continue Reading

Judge Gardephe Dismisses Class Action Accusing Avon of Hiding FCPA Exposure

In an opinion today, Judge Gardephe dismissed a securities class action accusing Avon of defrauding its investors about its compliance with the FCPA.  Avon’s management received a whistleblower letter about bribes to Chinese officials, and Judge Gardephe found that it was not fraudulent for Avon to investigate the allegations before disclosing them:… Continue Reading

SEC Sues to Force Congressional Committee and Staffer to Comply With Insider Trading Subpoenas

In papers filed Friday, the SEC moved, by Order to Show Cause, to force the House Ways and Means Committee and a staffer, Brian Sutter, to comply with subpoenas issued as part of the SEC’s investigation into potential violations of the STOCK Act, which essentially extends the insider trading laws to Congress. By an agreed-upon … Continue Reading

Judge Gardephe Orders Gibson Dunn to Produce Notes of Interviews of Witnesses Whose Statements It Revealed to SEC

In an opinion today, Judge Gardephe rejected Gibson Dunn’s attempt, in a civil defamation suit, to prevent disclosure of interview notes from witnesses whose statements were shared with the SEC. Judge Gardephe had earlier ruled that any privilege was waived, but Gibson Dunn argued that, apart from any waiver, the firm had its own internal … Continue Reading

Judge Gardephe Won’t Send Reserve Fund Malpractice Suit Back to State Court

On Tuesday, Judge Gardephe rejected an attempt by Reserve Management Company (RMCI), the investment adviser to the Reserve Primary Fund – the money market fund that “broke the buck” four years ago after Lehman’s bankruptcy – to send its malpractice action against Wilkie Farr & Gallagher LLP back to state court. The Court concluded that … Continue Reading

Judge Gardephe Allows Reserve Fund Defendants to Proceed with Advice of Counsel Defense

Trial in the SEC’s securities fraud action against several entities and individuals who managed the Reserve Primary Fund – the money market fund that “broke the buck” four years ago after Lehman Brothers announced its bankruptcy – is slated to begin on October 1, 2012. Earlier this week, in anticipation of the looming trial date, … Continue Reading