Blogs

EDNY Blog

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

READ FULL POST

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)).

READ FULL POST

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.

READ FULL POST

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.

 

READ FULL POST

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)).

READ FULL POST

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

Posted by Solomon N. Klein, Litigation Partner

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 prima facie case that no such injury was sustained.”

At first glance, readers

READ FULL POST

Posted in EDNY, Summary Judgment
Posted: December 14, 2017

Judge Chen Dismisses Slip and Fall Case after Applying Federal Summary Judgment Standard

Posted by Solomon N. Klein, Litigation Partner

District Judge Pamela K. Chen recently granted summary judgment in a slip and fall diversity case that highlights the difference between the summary judgment standards under federal and New York state law. Taylor v. Manheim Marketing Inc., 15-CV-01950 (E.D.N.Y. Nov. 30, 2017).

 

READ FULL POST

Posted: November 28, 2017

Judge Cogan Re-Imposes Sanctions in Case of International Intrigue

Posted by Solomon N. Klein, Litigation Partner

District Judge Brian M. Cogan recently re-imposed sanctions on the defendants in Funk v. Belneftekhim a/k/a Concern Belneftekhim, 14 CV 0376 (E.D.N.Y. Oct. 17, 2017) after the Second Circuit addressed the nuances of sanctioning parties for non-compliances with jurisdictional discovery.

 

READ FULL POST

Posted: November 10, 2017

Second Circuit Grants Late Petition for Interlocutory Appeal

On October 23, 2017, the Second Circuit issued a decision in Yu v. Hasaki Restaurant, Inc., Docket No. 17-1067, granting permission to file a late petition for an interlocutory appeal from a decision of the EDNY, explaining: The relevant court of appeals may, in its discretion, permit an appeal from the order if application is made within ten days after...

READ FULL POST

Posted in EDNY, Appeals