Blogs

Posts Categorized: EDNY

Posted: February 20, 2018

Judge Bianco Dismisses Action For Improper Venue Based On Forum Selection Clause That designated “The Courts Of The State Of New York” As Venue

Posted by Solomon N. Klein, Litigation Partner A recent decision by District Judge Joseph F. Bianco offers a reminder that the right to exercise federal jurisdiction can be contractually waived in a forum selection clause. (Wiest Int’l, GMBH v. Zobel, 17-CV-6722 (E.D.N.Y Feb. 6, 2018) (JFB) (GRB)). Forum selection clauses – typically not the focus… Read more »

Posted: February 16, 2018

Magistrate Judge Orenstein Denies Government Motion to Bar Subpoena Recipient From Disclosing Existence of Subpoena And Directs That Future Requests To Seal Such Motions Be Of Limited Duration

Posted by Solomon N. Klein, Litigation Partner Magistrate Judge James Orenstein continues his series of influential rulings on electronic surveillance and evidence gathering. (In re Grand Jury Subpoena, 18-MC-0334 (E.D.N.Y. Feb. 5, 2018) (JO)). In this recent ruling, Magistrate Judge Orenstein denied a government request under the Stored Communications Act, 18 U.S.C. § 2701, et… Read more »

Posted: February 7, 2018

Magistrate Judge Pollak Denies Motion To File Reply Under Seal Explaining That The Requirements To File Under Seal Are More Exacting Than Confidentiality Under A Discovery Protective Order

Posted by Solomon N. Klein, Litigation Partner Magistrate Judge Cheryl L. Pollak recently denied a plaintiff’s motion to file her reply under seal despite a confidentiality stipulation and order requiring that documents designated as confidential be filed under seal. (Martinez v. City of New York, 16 CV 79 (E.D.N.Y. Jan. 26, 2018) (AMD)(CLP)). The Court… Read more »

Posted: January 24, 2018

Judge Wexler Dismisses Jones Act Claims But Not Maritime Law Claims Where Beneficiary Died Prior to Asserting Claim

In a January 9, 2018 ruling, Judge Leonard D. Wexler highlighted the rigid structure applicable to negligence actions for deceased seamen under the Jones Act. (In re Wittich Bros. Marine Inc. , 15–CV-5210 (LDW)(ARL)). Practitioners often reflexively assume that a potential cause of action available to an individual will survive death and accrue to the… Read more »

Posted: January 4, 2018

Judge Bianco Dismisses Case for Lack of Subject Matter Jurisdiction after Finding That Public Union Was Not a “Mixed” Public/Private Union

District Judge Joseph F. Bianco recently dismissed a putative class action for lack of subject matter jurisdiction under the Labor Management Reporting and Disclosure Act of 1959 (“LMRDA”). (Medford v. The Civil Serv. Empls. Ass., Local 1000, AFSCME, AFL-CIO, CSEA Local 881, 17-CV-0011 (E.D.N.Y. Dec. 5, 2017) (JFB) (SIL). In doing so, Judge Bianco rejected… Read more »

Posted: January 2, 2018

Judge Irizarry: Government Cannot Use Immigration Detention To Retain Custody Of Criminal Defendants That Are Granted Bail In The Criminal Proceeding

For the second time in as many months, Chief Judge Dora L. Irizarry has ruled that the Government cannot use immigration detention to maintain custody of criminal defendants that are granted bail in their criminal case under the Bail Reform Act, 18 U.S.C. § 3141, et seq. (United States v. Boutin, 17-CR-590 (E.D.N.Y. Dec. 26,… Read more »

Posted: December 15, 2017

Judge Garaufis Denies Summary Judgment after Applying New York’s Burden-Shifting Analysis in No-Fault “Serious Injury” Claim

District Judge Nicholas G. Garaufis recently denied summary judgment in an automobile accident diversity case where plaintiff claimed a “serious injury” as defined under New York’s no-fault insurance laws. Zhang v. Alvarado, 15-CV-04373 (E.D.N.Y. Dec. 8, 2017) (NGG) (JO). In denying defendants’ summary judgment, Judge Garaufis employed New York State’s burden-shifting analysis that at first… Read more »

Posted: December 14, 2017

Judge Chen Dismisses Slip and Fall Case after Applying Federal Summary Judgment Standard

District Judge Pamela K. Chen recently granted summary judgment in a slip and fall diversity case that highlights the difference between the summary judgment standards under federal and New York state law. Taylor v. Manheim Marketing Inc., 15-CV-01950 (E.D.N.Y. Nov. 30, 2017). This case offers a reminder to counsel that the federal summary judgment standard… Read more »

Posted: November 28, 2017

Judge Cogan Re-Imposes Sanctions in Case of International Intrigue

District Judge Brian M. Cogan recently re-imposed sanctions on the defendants in Funk v. Belneftekhim a/k/a Concern Belneftekhim, 14 CV 0376 (E.D.N.Y. Oct. 17, 2017) after the Second Circuit addressed the nuances of sanctioning parties for non-compliances with jurisdictional discovery. Of course, the term “jurisdictional discovery” is a bit of a misnomer, since a court… Read more »