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EDNY Blog

Current Developments in the US District Court for the
Eastern District of New York
Posted: December 14, 2017

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

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). This case offers a reminder to counsel that the federal summary judgment standard can be less forgiving to...

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Posted in EDNY, Court Rules/Procedures, Negligence, Procedure, Summary Judgment
Posted: November 28, 2017

Judge Cogan Re-Imposes Sanctions in Case of International Intrigue

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. Of course, the term “jurisdictional discovery” is a bit of a misnomer, since a court would need some predicate jurisdiction...

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Posted in EDNY, Discovery/Disclosure, Sanctions, Sovereign Immunity
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...

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Posted in EDNY, Appeals
Posted: June 20, 2016

CLE Program: Mediation in the Federal Courts

On June 27, 2016, Schlam Stone & Dolan partner John Lundin will co-moderate a CLE program at the New York City Bar on mediation in the federal courts. Among the panelists will be Rebecca Price, Director of the ADR Program for U.S. District Court for the Southern District of New York; Kathleen M. Scanlon, Chief Circuit Mediator for United States...

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Posted in EDNY, Upcoming Events
Posted: June 13, 2016

False Certifications of Compliance With Banking Laws Does Not Support False Claims Act Claims

On May 5, 2016, the Second Circuit issued a decision in Bishop v. Wells Fargo, 15‐2449, affirming a decision by the EDNY that alleged false certifications of “compliance with various banking laws and regulations when” borrowing “money at favorable rates from the Federal Reserve’s discount window” did not “constitute legally false claims under the” False Claims Act, explaining: As this...

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Posted in EDNY, False Claims Act
Posted: May 12, 2016

Court Denies Application for Expungement of Conviction But Issues Certificate of Rehabilitation

In Doe v. United States, 15 MC 1174 (E.D.N.Y. Mar. 7, 2016), District Judge John Gleeson considered a nurse’s motion to expunge her thirteen-year-old conviction for participation in an insurance fraud scheme because of its adverse impact on her ability to find professional employment. Contrary to the government’s position, the court found that it had jurisdiction to hear the motion,...

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Posted in EDNY
Posted: May 2, 2016

No Stay Of EDNY Case Pending Resolution Of Related Foreign Country Action

Judge Brian Cogan denied a motion to stay plaintiff’s antitrust case pending resolution of an earlier filed, related action brought by defendants in the Netherlands, in Schenker A.G. v. Societe Air France, et al., No. 14-Civ.-4711 (E.D.N.Y. Apr. 14, 2016). The plaintiff was a freight forwarder and the defendants were air carriers. The complaint alleged that defendants participated in a...

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Posted in EDNY, Court Rules/Procedures, Motion to Dismiss; Motion for Judgment on the Pleadings
Posted: April 27, 2016

Rule 69, Which Provides that Money Judgments are Executed Under State Law, Applies to State Substantive Law

On April 11, 2016, the Second Circuit issued a decision in Mitchell v. Garrison Protective Servs., Inc., 15‐2137‐CV, discussing the procedure in federal court for collecting a judgment under state law as mandated by F.R.C.P. 69.     Mitchell involved a challenge to determinations made in the course of a proceeding to collect on a judgment. The issue arose in the...

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Posted in EDNY, Judgment and Collection
Posted: April 22, 2016

Past Consideration Insufficient to Create Contract Unless Clearly Expressed in Writing

On April 15, 2016, the Second Circuit issued a decision in Greenberg v. Greenberg, 15-731-CV, affirming a decision of the EDNY granting a defendant summary judgment on a breach of contract claim because of a lack of consideration. In Greenberg, the plaintiff’s cousin “was badly injured in a work-related accident . . . and subsequently brought a personal injury suit.”...

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Posted in EDNY, Contracts
Posted: April 14, 2016

Social Security Administration Cannot Be Sued for Failure to Pay Fee Award

On March 21, 2016, the Second Circuit issued a decision in Binder & Binder v. Colvin, 14‐4141-CV and 14‐4457‐CV, affirming decisions by the EDNY that sovereign immunity barred a law firm’s lawsuits against the Social Security Administration for failing to pay fee awards. In Binder & Binder, the plaintiff law firm successfully represented litigants in two actions against the Social...

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Posted in EDNY, Sovereign Immunity