Posted: November 27, 2018
Schlam Stone Announces the Launch of the Same-Day Justice Program
Posted in EDNY, Arbitation, Mediation and Other ADR
Blogs
EDNY Blog
Posted: November 5, 2018
Judge Korman Holds that the “Foreign Country” and “Intentional Torts” Exceptions to the FTCA Barred Claims by Estate of Panamanian Woman Murdered by U.S. Servicemember
Posted by Solomon N. Klein, Litigation Partner
District Judge Edward R. Korman dismissed an action against the U.S. by the estate and family of a Panamanian woman murdered by a U.S. servicemember in Panama. Rogelio Rodriguez, et al. v. Omar Velez-Pagan, et al. , 17-cv-3911 (E.D.N.Y. Oct. 26, 2018) (ERK) (SJB).
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. 24, 2018) (SJ) (RML). Mekhi v. Area Storage & Transfer, Inc. et al., 18-cv-4654 (E.D.N.Y. Aug. 24, 2018) (SJF) (AYS).
Posted: August 15, 2018
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 pre-motion conference letter to constitute the motion to dismiss.)
Posted: June 25, 2018
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).
Posted: June 7, 2018
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 has had some opportunity for discovery to learn the identities of responsible officials’”, plaintiffs must be reasonably diligent and timely in identifying the unnamed defendant. Conley v. Copiague Union Free Sch. Dist., 16-cv-4546 (E.D.N.Y. June 4, 2018) (SJF) (AYS).
Posted: May 11, 2018
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., 16-cv-2560 (E.D.N.Y May 3, 2018) (DRH) (AYS).
Posted in EDNY, Jurisdiction
Posted: May 10, 2018
Judge Garaufis denies insurer’s motion to dismiss in lawsuit involving “ordinary traffic accident with an international twist”
Posted by Solomon N. Klein, Litigation Partner
District Judge Nicholas G. Garaufis denied an insurer’s motion to dismiss a lawsuit brought directly by a plaintiff against the insurer of a vehicle that belonged to the Principality of Monaco. The Court ruled that the lawsuit was proper under the Diplomatic Relations Act of 1978, despite the fact that plaintiffs typically may not bring a direct lawsuit against the insurer of an alleged tortfeasor. Green v. First Liberty Insurance Corporation, 17-cv-6975 (E.D.N.Y May 8, 2018) (NGG)(CLP).
Posted: April 17, 2018
Judge Hurley Sua Sponte Dismisses Two Cases Involving LLCs For Failure to Allege Diversity Jurisdiction
Posted by Solomon N. Klein, Litigation Partner
District Judge Denis R. Hurley sua sponte dismissed two cases in as many days where plaintiffs failed to properly allege diversity jurisdiction in cases involving LLCs. Courtyard Apartments Property 1, LLC, v. Rosenblum, 17-cv-2909 (E.D.N.Y April 3, 2018) (DRH) (SIL); Sienna Ventures, LLC v. Halley Equipment Leasing, LLC, 18-cv-201 (E.D.N.Y April 2, 2018) (DRH) (GRB).
Posted in Jurisdiction
Posted: April 11, 2018
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, LLC, et al., (E.D.N.Y Mar. 31, 2018) 16-CV-6217 (NGG) (ST).