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Daily Archives: Tuesday, September 4, 2018

Posted: September 4, 2018

SSA Swindling? – Part II – Dismissal With Leave to Replead for Failure to Allege Injury in Fact

This week, we follow last week’s dismissal of In re SSA Bonds Antitrust Litigation, No. 1:16-cv-03711-ER (SDNY) (“In re SSA“), an action first introduced in our June 27, 2018, post, where one can find a full account of the alleged collusion in the Amended Complaint. In this post, we focus on the Defendants’ December 12,… Read more »

Posted: September 4, 2018

Recent Rulings By Judges Johnson And Feuerstein Highlight The Jurisdictional Pitfalls When Removing Personal Injury Cases Based On Diversity

Posted by Solomon N. Klein, Litigation Partner Two rulings on the same day by District Judges Sterling Johnson and Sandra J. Feuerstein highlight the jurisdictional difficulties that can arise when removing personal injury cases to federal court on diversity grounds. Rita Alvarado v. New England Motor Freight, Inc. et al., 18 CV 2027 (E.D.N.Y. Aug…. Read more »

Posted: September 4, 2018

Documents Submitted by Law Firm to Show Lack of Relationship Not Documentary Evidence Sufficient to Justify Dismissal

On August 22, 2018, The Second Department issued a decision in First Choice Plumbing Corp. v. Miller Law Offs., PLLC, 2018 NY Slip Op. 05825, holding that documents submitted by a law firm to show that it had not been engaged by the plaintiff were not documentary evidence sufficient to justify dismissal, explaining: The defendant… Read more »