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EDNY Blog

Current Developments in the US District Court for the
Eastern District of New York
Posted: January 17, 2014

Reasonable Attorneys’ Fees Awarded Under Fee Shifting Statute May Be At Southern District Market Rates But Must Account For Fees Already Recovered From Other Defendants

In Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., 05 CV 0453 (E.D.N.Y. Dec. 30, 2013), Judge Brian Cogan granted in part plaintiffs’ request for attorneys’ fees under the Clayton Act, to the extent of awarding $4,093,163.35 in fees, and no costs, out of the $13,724,641.75 in fees and $1,363,307.68 in costs requested.  The case was a seven-year,...

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Posted in EDNY, Attorney Fees
Posted: January 7, 2014

PSLRA’s Safe Harbor

In In re Symbol Techs., Inc. Securities Litigation, 05 CV 3923 (E.D.N.Y. Dec. 5, 2013), Judge Denis Hurley denied defendants’ motion to dismiss the consolidated amended class action complaint.  The case involves Symbol Technologies, a manufacturer of inventory management products that was the subject of a government investigation into “systematic accounting fraud, including the manipulation of inventory levels to artificially...

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Posted in EDNY, PSLRA
Posted: December 23, 2013

Court’s Misreading Of Data Leads To Successful Motion For Reconsideration

In In re Gentiva Securities Litigation, 10 CV 5064 (E.D.N.Y. Dec. 10, 2013), two individual defendants and the defendant corporation moved for reconsideration of Judge Arthur D. Spatt’s order denying their motion to dismiss federal securities claims.  The case is a class action alleging that Gentiva, a health care provider, artificially inflated its stock price through a scheme that involved...

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Posted: December 19, 2013

Affordable Care Act Violates Non-Profits’ Religious Beliefs

In The Roman Catholic Archdiocese of New York. v. Sebelius, 12 CV 2542 (E.D.N.Y. Dec. 13, 2013), Judge Brian M. Cogan held that the Patient Protection and Affordable Care Act (the “ACA”) violated certain plaintiffs’ core religious beliefs under the Religious Freedom Restoration Act (“RFRA”).   The ACA requires that group health insurance plans cover certain preventative services, including contraception, sterilization...

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Posted: December 16, 2013

Deadline For Making Claim For Attorneys’ Fees In FRCP 54 Does Not Apply To Claims For Appellate Fees

In Long Island Head Start Child Development Services, Inc., v. Economic Opportunity Commission, 00 CV 7394 (E.D.N.Y. Dec. 5, 2013), Judge Arthur Spatt held that a claim for appellate attorneys’ fees under ERISA’s fee shifting provisions is not governed by the 14-day deadline set forth in Federal Rule of Civil Procedure 54(d)(2)(B).  Under that Rule, a motion for an award...

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Posted in EDNY, Attorney Fees, ERISA
Posted: December 12, 2013

Default Judgment Not Vacated Where Failure To Respond Was Willful

In S.E.C. v. MedLink International, Inc., 12 CV 5325 (E.D.N.Y. Nov. 25, 2013), Judge Leonard D. Wexler denied an individual defendant’s motion to vacate a default judgment after he and his counsel apparently played a cat-and-mouse game of engaging with the SEC, only to disappear and fail to respond to communications.  The underlying case involved a year-long investigation by the...

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Posted: December 6, 2013

County Should Have Returned Firearms Despite Gap In State Law

In Dudek v. Nassau County Sheriff’s Department, 12 CV 1193 (E.D.N.Y. Nov. 19, 2013), Judge Pamela Chen was called upon to resolve what one state court had called a “legislative oversight”:  family court judges have statutory authority to confiscate firearms from individuals involved in domestic incidents, but do not have explicit statutory authority to order their return.  As a result,...

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Posted: December 3, 2013

Claim For Derivative Citizenship Through Father Denied Due To Parents’ Informal Separation

In Moreno v. Holder, No. 13 CV 1285, (E.D.N.Y. Nov. 6, 2013), Judge William Kuntz denied a pro se petitioner’s claim of nationality based on derivative citizenship.  The petitioner was born in Panama to Panamanian parents who later became U.S. citizens and ultimately settled in New York.  The government unsuccessfully initiated removal proceedings against the Petitioner in 2004 following convictions...

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Posted in EDNY, Immigration
Posted: November 13, 2013

Court Invokes “Inherent Powers” To Order Sanctions For Negligent Spoliation Of Evidence

In Rodgers v. Rose Party Functions Corp., No. 10 CV 4780 (E.D.N.Y. Nov. 12, 2013), Chief Magistrate Judge Steven Gold granted the plaintiff an adverse inference as a sanction for the defendant’s negligent failure to preserve a key piece of evidence.  Plaintiff Tiffani Rodgers was injured when she slipped on a flight of stairs on the premises of defendant Rose...

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Posted: November 12, 2013

Search Reasonable Even Though Police Mistaken Regarding Type Of Evidence Search Would Uncover

Judge Pamela Chen decided a case “all about chickens” in Santos v. Zabbara, 11 CV 2516 (E.D.N.Y. Oct. 18, 2013), where a police raid of plaintiff’s residence for “chickens,” code for cocaine, turned up no drugs but instead resulted in the seizure of real fighting chickens. Santos and his immediate family brought suit under 42 U.S.C. § 2516 against several...

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Posted in EDNY, Fourth Amendment