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EDNY Blog

Current Developments in the US District Court for the
Eastern District of New York
Posted: March 12, 2018

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 v. Pakistan Int’l Airlines, 14-cv-2505...

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Posted in EDNY, Negligence, Statute of Limitations/Laches
Posted: March 5, 2018

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 a new federal action that...

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Posted in EDNY, Jurisdiction, Settlements, Veil-piercing
Posted: February 20, 2018

Judge Bianco Dismisses Action For Improper Venue Based On Forum Selection Clause That designated “The Courts Of The State Of New York” As Venue

Posted by Solomon N. Klein, Litigation Partner A recent decision by District Judge Joseph F. Bianco offers a reminder that the right to exercise federal jurisdiction can be contractually waived in a forum selection clause. (Wiest Int’l, GMBH v. Zobel, 17-CV-6722 (E.D.N.Y Feb. 6, 2018) (JFB) (GRB)). Forum selection clauses – typically not the focus of great attention when parties...

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Posted in EDNY, Venue
Posted: February 16, 2018

Magistrate Judge Orenstein Denies Government Motion to Bar Subpoena Recipient From Disclosing Existence of Subpoena And Directs That Future Requests To Seal Such Motions Be Of Limited Duration

Posted by Solomon N. Klein, Litigation Partner Magistrate Judge James Orenstein continues his series of influential rulings on electronic surveillance and evidence gathering. (In re Grand Jury Subpoena, 18-MC-0334 (E.D.N.Y. Feb. 5, 2018) (JO)). In this recent ruling, Magistrate Judge Orenstein denied a government request under the Stored Communications Act, 18 U.S.C. § 2701, et seq. (the “SCA”) to prohibit...

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Posted in EDNY, Evidence, Fourth Amendment
Posted: February 7, 2018

Magistrate Judge Pollak Denies Motion To File Reply Under Seal Explaining That The Requirements To File Under Seal Are More Exacting Than Confidentiality Under A Discovery Protective Order

Posted by Solomon N. Klein, Litigation Partner Magistrate Judge Cheryl L. Pollak recently denied a plaintiff’s motion to file her reply under seal despite a confidentiality stipulation and order requiring that documents designated as confidential be filed under seal. (Martinez v. City of New York, 16 CV 79 (E.D.N.Y. Jan. 26, 2018) (AMD)(CLP)). The Court explained that the nature of...

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Posted in EDNY, Discovery/Disclosure
Posted: January 24, 2018

Judge Wexler Dismisses Jones Act Claims But Not Maritime Law Claims Where Beneficiary Died Prior to Asserting Claim

In a January 9, 2018 ruling, Judge Leonard D. Wexler highlighted the rigid structure applicable to negligence actions for deceased seamen under the Jones Act. (In re Wittich Bros. Marine Inc. , 15–CV-5210 (LDW)(ARL)). Practitioners often reflexively assume that a potential cause of action available to an individual will survive death and accrue to the estate. This, however, is not...

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Posted in EDNY, Motion to Dismiss; Motion for Judgment on the Pleadings
Posted: January 16, 2018

Judge Block Denies Motion to Change Venue from the EDNY to the SDNY in lawsuit by former Rikers Island Inmate

In a January 4, 2018 ruling, Judge Frederic Block denied the City of New York’s motion for a change of venue from the EDNY to the SDNY. (Kennedy v. City of New York, et al., 17-CR-5042 (E.D.N.Y. Jan. 4, 2018) (FB)(VMS)). Not surprisingly, the court rejected the City’s claim that the SDNY was a more convenient forum than the EDNY....

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Posted in EDNY, Venue
Posted: January 4, 2018

Judge Bianco Dismisses Case for Lack of Subject Matter Jurisdiction after Finding That Public Union Was Not a “Mixed” Public/Private Union

District Judge Joseph F. Bianco recently dismissed a putative class action for lack of subject matter jurisdiction under the Labor Management Reporting and Disclosure Act of 1959 (“LMRDA”). (Medford v. The Civil Serv. Empls. Ass., Local 1000, AFSCME, AFL-CIO, CSEA Local 881, 17-CV-0011 (E.D.N.Y. Dec. 5, 2017) (JFB) (SIL). In doing so, Judge Bianco rejected plaintiffs’ creative argument that defendant’s...

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Posted in EDNY, Jurisdiction, Labor and Employment Law
Posted: January 2, 2018

Judge Irizarry: Government Cannot Use Immigration Detention To Retain Custody Of Criminal Defendants That Are Granted Bail In The Criminal Proceeding

For the second time in as many months, Chief Judge Dora L. Irizarry has ruled that the Government cannot use immigration detention to maintain custody of criminal defendants that are granted bail in their criminal case under the Bail Reform Act, 18 U.S.C. § 3141, et seq. (United States v. Boutin, 17-CR-590 (E.D.N.Y. Dec. 26, 2017) (DLI)). The court held...

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Posted in EDNY, Immigration
Posted: December 15, 2017

Judge Garaufis Denies Summary Judgment after Applying New York’s Burden-Shifting Analysis in No-Fault “Serious Injury” Claim

District Judge Nicholas G. Garaufis recently denied summary judgment in an automobile accident diversity case where plaintiff claimed a “serious injury” as defined under New York’s no-fault insurance laws. Zhang v. Alvarado, 15-CV-04373 (E.D.N.Y. Dec. 8, 2017) (NGG) (JO). In denying defendants’ summary judgment, Judge Garaufis employed New York State’s burden-shifting analysis that at first requires defendant to “establish a...

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Posted in EDNY, Summary Judgment