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EDNY Blog

Current Developments in the US District Court for the
Eastern District of New York
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).

 

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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 (E.D.N.Y Feb. 28, 2018) (ARR) (SMG).

 

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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 must have its own jurisdictional basis, and even a stipulation by the parties that the court will retain jurisdiction will not create jurisdiction if it was not “So-Ordered” by the court at the time of the dismissal of the original action. Masino v. Persico Contracting & Trucking, Inc., 11-CV-4596 (E.D.N.Y Feb. 28, 2018) (ERK) (ST).

 

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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)).

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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 the recipient from disclosing the existence of the subpoena for one year because the request was “boilerplate” “formulaic” and “conclusory”.

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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)).

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Posted: January 16, 2018

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

Posted by Solomon N. Klein, Litigation Partner

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. For those not familiar with the geography of the SDNY and EDNY, the SDNY courthouse on Pearl Street in Manhattan is a pleasant spring-time walk over the Brooklyn Bridge from the EDNY courthouse on Cadman Plaza in Brooklyn.

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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

Posted by Solomon N. Klein, Litigation Partner

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 union should be considered a mixed public/private union based on public sector workers that were assigned to work for the union itself.

 

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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

Posted by Solomon N. Klein, Litigation Partner

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)).

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Posted in EDNY, Immigration