In an opinion Tuesday, Judge Seibel lambasted, but ultimately did not sanction, attorneys in an insurance dispute who made evasive and false assertions in a Rule 56.1 statement submitted in opposition to summary judgment.  She found the statements lacked a “factual basis,” and were a “sham,” and added that the attorneys’ conduct “was entirely unbecoming of members of our profession.”  She nonetheless concluded “in light of the high standard for bad faith, and the caution with which courts should approach the question of bad faith,” not to award sanctions, for two reasons:
Continue Reading Judge Seibel Nearly Sanctions Attorneys for “Sham” Responses to Rule 56.1 Opposition Statement

This week, Judge Seibel dismissed a putative class action against the makers of Muscle Milk and other protein powder products.  The plaintiff alleged that the products were mislabeled under the Food, Drug, and Cosmetic Act, as they contained unnecessary empty space (or “slack fill”) that represented up to 30% of the container’s volume.

Judge Seibel found that these allegations alone – without further factual support – were not sufficient to survive a motion to dismiss:
Continue Reading Judge Seibel Dismisses Class Action Alleging Too Much Empty Space in Muscle Milk Containers

Last week, Judge Seibel dismissed a First Amendment challenge to a Dutchess County law requiring retail supermarkets to clearly post prices on each item using a sticker, tag, or other label.  The plaintiff claimed that changing the price tags on items each time the store held a sale was an improper burden on the store’s First Amendment free speech rights.  Judge Seibel disagreed – and questioned whether price tags on grocery items constituted speech at all.

Continue Reading Judge Seibel Rejects First Amendment Challenge to Local Law Requiring Price Labels on Supermarket Goods