Schlam Stone & Dolan LLP is pleased to announce the launch of the Same-Day Justice Program, an arbitration service where participants can participate in an evidentiary hearing and receive a decision in their case that same day. The Same-Day Justice Program is designed to give parties with disputes in the $50,000-$500,000 range an efficient and... Read more »
Blogs
Posts Categorized: EDNY
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 »
Judge Cogan Denies Motion To Dismiss Discrimination Action, Finding That Plaintiffs’ EEOC Complaint Satisfied Exhaustion Requirements Even Where Lawsuit Expanded On Allegations
Posted by Solomon N. Klein, Litigation Partner District Judge Brian M. Cogan denied a motion to dismiss where defendant argued that plaintiff failed to exhaust his administrative remedies before filing his lawsuit. Anderson v. Alclear, LLC, 18-cv-1525 (E.D.N.Y. Aug. 10, 2018) (BMC) (RML). (Interestingly, the Court ruled directly on defendant’s pre-motion conference letter, deeming the... Read more »
Judge Brodie Denies Criminal Defendant’s Motion To Require Government To Apply Forfeited Funds To Reduce Restitution Amount
Posted by Solomon N. Klein, Litigation Partner District Judge Margo K. Brodie rejected a defendant’s request to require the government to apply the amount of forfeited funds as a credit to his restitution obligation. United States v. Pratt, 17-cr-00262 (E.D.N.Y. June 11, 2018) (MKB). The defendant is a former postal employee who pled guilty to... Read more »
Schlam Stone Partners Bradley Nash and Solomon Klein to Speak at the Winning Edge Executive Business Conference
Schlam Stone Partners Brad Nash (the editor of the Insurance Blog) and Solomon Klein (editor of the EDNY Blog) will be speaking on June 18, 2018 at the Winning Edge 2018 Executive Business Conference at Montclair State University. Law and The Entrepreneur: Legal Challenges and Opportunities on the Path to Success Solomon N. Klein and... Read more »
Judge Feuerstein Grants Motion To Dismiss Where Plaintiffs Failed To Take Timely Steps To Identify Jane Doe Defendant
Posted by Solomon N. Klein, Litigation Partner District Judge Sandra J. Feuerstein dismissed an action against a Jane Doe defendant after finding that plaintiffs failed to take reasonable steps to discover the identity of the Jane Doe defendant. The Court held that “while courts ‘typically resist dismissing suits against John Doe defendants until the plaintiff... Read more »
Judge Hurley Continues Sua Sponte Dismissals Of Cases Involving LLCs That Fail To Properly Plead Diversity Jurisdiction
Posted by Solomon N. Klein, Litigation Partner We previously wrote about District Judge Denis R. Hurley’s sua sponte dismissal of cases involving LLCs that fail to properly plead diversity jurisdiction. Judge Hurley has recently dismissed yet another case involving an LLC for lack of subject matter jurisdiction. Encompass Group, LLC v. Oceanside Inst’l Indus., Inc.,... Read more »
Judge Garaufis Denies Motion to Dismiss and Holds that Taiwan is Not bound to Warsaw Convention despite China’s Accession to the Treaty
Posted by Solomon N. Klein, Litigation Partner In a case of first impression in the Second Circuit, District Judge Nicholas G. Garaufis held that China’s agreement to join the Warsaw Convention does not apply to a dispute involving spoiled cherries shipped from Chile to Taiwan. Allianz Global Risks US Ins. Co. v. Latam Cargo USA,... Read more »
Judge Ross Dismisses Personal Injury Claim against Airline as time-barred under Montreal Convention
Posted by Solomon N. Klein, Litigation Partner District Judge Allyne R. Ross recently dismissed a personal injury case against Pakistan International Airlines, holding that the time limitations under the Montreal Convention is not subject to tolling under New York law – even if New York law might otherwise apply to calculating the time period. Mughal... Read more »
Judge Korman Grants Motion to Dismiss for Lack of Subject Matter Jurisdiction in Action to Enforce Settlement of Prior Federal ERISA Lawsuit
Posted by Solomon N. Klein, Litigation Partner It is often advisable when a case is settled to have the same court retain jurisdiction to enforce the settlement agreement in the event of a breach. However, as illustrated in a decision last week by District Judge Edward R. Korman*, the enforcement of a settlement agreement is... Read more »