In an opinion yesterday, the Second Circuit affirmed Judge Torres’s decision (covered here), to reinstate the Democratic Primary on June 23.

The Board of Elections argued that the cancellation was necessary to limit the spread of COVID-19, but the Second Circuit concluded that this “justification is overstated for at least two reasons”:
Continue Reading Second Circuit Upholds Reinstatement of Democratic Primary

Yesterday, Judge Torres issued a preliminary injunction ordering the New York State Board of Elections to reinstate the Democratic presidential primary that it had decided last week to cancel. Former candidate Andrew Yang and a number of his pledged delegates sued to halt the move.

As Judge Torres found, because a primary “actually results in the election of delegates to the Convention,” the cancellation would not only deprive the other presidential candidates of the opportunity to earn votes for the nomination, but would deprive their pledged delegates of the opportunity to influence the party platform and vote on issues of party governance.  Although Judge Torres agreed that “[p]rotecting the public from the spread of COVID-19 is an important state interest,” she was “not convinced that canceling the primary would meaningfully advance that interest,” particularly because there were less drastic alternatives:


Continue Reading Judge Torres Orders Reinstatement of New York Democratic Primary

On Monday, the New York State Board of Elections voted to cancel New York’s democratic presidential primary, which it had originally postponed from April due to the COVID-19 pandemic.  In a complaint filed Tuesday, former presidential candidate Andrew Yang and a group of candidates running to become pledged delegates at the Democratic National Convention sued the Board of Elections to block the move.

Plaintiffs argue that the cancellation would disenfranchise millions of voters, suppress turnout in down-ballot races to the detriment of challengers, deny Yang the opportunity to accumulate delegates and influence at the convention, and establish a precedent that President Trump could use to cancel the November 2020 election.  Plaintiffs allege violations of the right to vote and of procedural due process and are seeking emergency relief.

Plaintiffs argue that the primary can safely proceed if voters are simply allowed to vote by mail, and that it is “cancelling democracy” to simply shut down the primary:
Continue Reading Andrew Yang Sues New York State Board of Elections for Canceling Democratic Primary

In an opinion dated Monday, Judge Torres ruled, after a bench trial, that a shipping company was not liable for the damage caused by Hurricane Sandy to 211 shipping containers that were sitting in the New York Container Terminal and that were filled with Lord & Taylor sweaters and cardigans.  The controlling question was whether the storm was an “Act of God,” which, at least legally speaking, turns on whether the scope of the storm was foreseeable enough for the defendant to have prevented the damage. Judge Torres answered the question “no,” because accurate predictions about the size of the storm surge did not materialize until it was too late:
Continue Reading Judge Torres: Hurricane Sandy Was Unforeseeable “Act of God”

On Tuesday, Magistrate Judge Francis issued a Report and Recommendation to Judge Torres in which he recommended  denying class certification in a gender bias case against Goldman Sachs.  The plaintiffs allege that Goldman’s practices of “360 Reviews” (employee reviews by peers, subordinates and superiors) and “quartiling” (requiring managers to rank their employees by placing them in groups, or “quartiles,” from best to worst performers) discriminate against women. Judge Francis found that individualized causation and damages issues were too predominate for classwide treatment:
Continue Reading Judge Francis Recommends Denying Class Certification in Goldman Gender Bias Case