Earlier today, the Attorney General of the State of New York brought an action to “end the pervasive use of excessive force and false arrests” by the NYPD in “suppressing overwhelmingly peaceful protests” following the police killings of George Floyd and Breonna Taylor. According to the complaint:
From May 28, 2020 to December 11, 2020, NYPD Officers of various ranks (“NYPD Officers”) repeatedly and without justification used batons, fist strikes, pepper spray, and other physical force against New York Residents at the Protests. Protesters—many of whom were never charged with any crime and were merely exercising their First Amendment rights—suffered concussions, broken bones, cuts, bruises, and other physical injuries.
Chief Judge McMahon’s announcement, issued today and effective tomorrow, is here.
In an opinion today, Chief Judge McMahon upheld a New York executive order that allowed tenants to apply their security deposits towards rent and that temporarily suspended evictions.
She ruled that the executive order did not violate the U.S. Constitution’s Takings Clause because landlords necessarily have entered into a heavily regulated area of the economy, and because the executive order was consistent with the type of ordinary ebb and flow of that regulation — as opposed to an impermissible destruction of landlords’ property investment:…
Continue Reading Chief Judge McMahon Upholds New York’s COVID-19 Eviction Suspension
Last week, Chief Judge McMahon scheduled what appears to be the first remote trial to be held in the Southern District during the COVID-19 pandemic. The trial will commence on July 6, 2020 in Ferring Pharmaceuticals v. Serenity Pharmaceuticals, a patent dispute involving drugs used to treat the condition nocturia (a form of waking during the night).
Judge McMahon considered several issues that counseled in favor of a remote trial:…
Continue Reading Judge McMahon: Holding Bench Trial in July via Remote Platform is a “No-Brainer”
In an Order yesterday, Chief Judge McMahon, going beyond last week’s order, limited courthouse access to, essentially, those that have a concrete reason to be there in person. Specifically, the Order allows only for the following groups to enter the courthouse:
- Persons who have been ordered to appear by any judge of the Southern
Chief Judge McMahon issued a Notice to the Bar today barring entry into the courthouses by various people at risk for spreading the coronavirus, including:
- People who in the prior two weeks have visited China, South Korea, Japan, Italy or Iran
- People in close contact with people who have traveled to those countries
- People who
A mentally disabled man named Karl Taylor died in prison, and his estate has sued, accusing prison guards of beating and choking him to death. In defending the case, New York State proposed to offer expert testimony “that in the time leading up to and at the time of his death, Mr. Taylor was experiencing acute symptoms of his psychotic illness.”
In an order today, Chief Judge McMahon granted a motion in limine to exclude the testimony, and, in doing so, warned the defendants about trying to devalue the life of Mr. Taylor:…
Continue Reading In Case Over Inmate Death, Judge McMahon Tells NY: Good Luck Arguing that Mental Disabilities Reduced the Value of the Inmate’s Life
Today, the New York Court of Appeals, in response to a question certified from the Second Circuit (after being certified for interlocutory review by Judge McMahon), held that New York common-law copyright law does not recognize a right of public performance for creators of sound recordings predating the 1972 federal Copyright Act. The question was certified as part of a putative class action of artists of pre-1972 sound recordings (led by The Turtles, who wrote “Happy Together”) seeking royalties from Sirius XM Radio for allegedly playing recordings without permission.…
Continue Reading New York Court of Appeals Answers Question First Raised by Judge McMahon: No Common Law Right of Public Performance For Pre-1972 Sound Recordings