Blogs
Current Developments in the US District Court for the
Eastern District of New York
Posted: February 11, 2021
Posted by Solomon N. Klein, Litigation Partner
As part of a line of cases involving consumer lawsuits against retail chains with “outlet” stores, Judge Joan M. Azrack denied defendant’s motion to dismiss plaintiffs’ deceptive practices claims, while granting in part the motion to dismiss other claims. Casio v. Vineyard Vines LLC, 19-cv-5135 (E.D.N.Y. Feb. 9, 2021) (JMA)(AYS).
Some background: It turns out that “outlet” stores are not necessarily outlets for brands to sell marked down or off-season items previously on sale in its regular stores. Outlets can sell items that are initially manufactured for and sold at the outlet store. The courts have apparently not been offended by this so long as the labeling is not misleading, which has now been the subject of a growing number of cases.
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Posted: December 30, 2020
By Solomon N. Klein, Litigation Partner
The EDNY Blog rarely expresses sentiment – though every blog post is in fact an expression of respect for the Judges of the EDNY and our notion that the EDNY occupies a rightful place among the leading legal institutions in the country.
This upcoming 13th of January will be the tenth anniversary (yartzeit) of the passing of District Judge David Gershon Trager, . . .
, . . .
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Posted: December 22, 2020
Posted by Solomon N. Klein, Litigation Partner
*Update: On Jan. 21, 2021, Judge Cogan granted plaintiff’s motion for reconsideration of the order denying default judgment and vacated the order dismissing the action. The Judge found that “unlike its motion for a default judgment, plaintiff for the first time draws the connections between the broadly pleaded allegations in the complaint and the detailed, but difficult to decipher, supporting exhibits.”
Judge Brian M. Cogan recently dismissed an insurer’s civil RICO action against dozens of named and unnamed defendants alleging a fraudulent no-fault insurance enterprise. The plaintiff moved for default judgment – only to have the Court analyze the complaint and dismiss the action for failing to properly plead the RICO elements. Am. Trans. Ins. Co. v. Bilyk, 19 civ 5171 (E.D.N.Y. Dec. 14, 2020) (BMC).
A practice note: Litigators are oft-tempted to employ civil RICO claims when representing plaintiffs – and the seeming benefits can be quite enticing. The victimized clients are grateful to mark the defendants as “racketeers” – not to mention the prospect of treble damages. The RICO statute also open the doors to the federal courts and can perhaps solve pesky jurisdictional problems for out-of-state defendants. Yet, civil RICO cases often fail to gain traction and plaintiffs face significant difficulties in properly pleading the necessary elements of RICO actions. As a result, the pleadings face judicial scrutiny and skepticism and the dismissal of the RICO claim, when it’s the only basis for jurisdiction, can result in the entire case being dismissed.
In the case before Judge Cogan, . . .
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Posted: December 17, 2020
Posted by Solomon N. Klein, Litigation Partner
Judge Denis R. Hurley recently granted the government’s motion to preclude the defendant from presenting evidence of mental health and drug abuse at his trial – rejecting the defendant’s argument that evidence of mental health and drug abuse was relevant even in the absence of an insanity defense. U.S. v. Redzepagic, 17 CR 228 (E.D.N.Y. Nov. 14, 2020) (DRH).
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Posted: March 23, 2020
Posted by Solomon N. Klein, Litigation Partner
In a fact pattern echoing a law school Evidence Exam, Judge Garaufis granted in part and denied in part competing motions in limine regarding admissibility of an emergency 911 call where the victim described being shot by the defendant. United States v. Shipp, 19 CR 29 (E.D.N.Y. Mar. 9, 2020) (NGG).
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Posted: March 15, 2020
Posted by Solomon N. Klein, Litigation Partner
Judges DeArcy Hall, Kovner, and Kuntz have each updated their Individual Rules. As a service to practitioners that are already familiar with the Judges’ rules, below are the changes of note and links to the new rules.
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Posted: March 6, 2020
Posted by Solomon N. Klein, Litigation Partner
Judge William F. Kuntz, II, recently overruled defendants’ objections to the Report and Recommendation issued by Magistrate Judge Roanne L. Mann, and remanded a personal injury action for lacking the amount in controversy threshold in diversity actions. Daversa v. Cowan Equipment Leasing, LLC, 20-CV-163 (E.D.N.Y. Feb. 28, 2020) (WFK)(RLM).
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Posted: March 2, 2020
Posted by Solomon N. Klein, Litigation Partner
The EDNY has announced that it will be filling three vacancies for magistrate judge positions (two in Brooklyn and one in Central Islip). Applications, available here, must be submitted by April 27, 2020.
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Posted: February 26, 2020
Posted by Solomon N. Klein, Litigation Partner
Judge Nicholas G. Garaufis has updated his Individual Rules. As a service to practitioners that are already familiar with the Judge’s rules, below are the changes of note.
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Posted: February 20, 2020
Posted by Solomon N. Klein, Litigation Partner
In a short but emphatic ruling, Judge Sterling Johnson put an end to a criminal case against an incompetent defendant after rejecting the government’s request to forcibly medicate defendant to restore his competency. United States v. Kendall, 18 CR 532 (E.D.N.Y. Feb. 11, 2020) (SJ).
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