Judge Pauley

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In opinion today announcing findings from a bench trial, Judge Pauley rejected claims that American Express, Citi and Discover colluded to add arbitration clauses barring class actions to their standard card agreements. He found that the defendants acted individually, not collusively:
Continue Reading In Bench Trial, Judge Pauley Finds That Credit Card Issuers Did Not Collude to Adopt Class Action Waivers in Card Agreements

In an opinion today, Judge Pauley granted in part and denied in part a motion by SAC Capital’s founder Steven Cohen to dismiss claims that he misled his ex-wife Patricia in connection with their divorce settlement. Patricia Cohen alleged that Steven Cohen falsely told her that a certain real estate investment, referred to as the “Lurie Investment,” was worthless, when in fact he received a $5.5 million settlement arising from the investment. The divorce settlement included a clause stating that Steven Cohen made no representations about the investment’s value, and a general merger clause, but Judge Pauley found that those statements did not negate the possibility of fraud:
Continue Reading Judge Pauley Allows Steven Cohen’s Ex-Wife to Pursue Fraud Claims Over Allegedly Hidden Investment Value

In an opinion today, Judge Pauley dismissed the ACLU’s challenge to the NSA’s bulk collection of telephone metadata and denied the ACLU’s motion for a preliminary injunction.  The opinion begins:

The September 11th terrorist attacks revealed, in the starkest terms, just how dangerous and interconnected the world is. While Americans depended on technology for the conveniences of modernity, al-Qaeda plotted in a seventh-century milieu to use that technology against us. It was a bold jujitsu. And it succeeded because conventional intelligence gathering could not detect diffuse filaments connecting al-Qaeda.
Continue Reading Judge Pauley Dismisses Challenge to NSA Bulk Collection of Phone Data