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EDNY Blog

Current Developments in the US District Court for the
Eastern District of New York
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: 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: 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: April 8, 2016

FDCPA Requires Debt Collector to Disclose That Balance Due May Increase Due to Interest and Fees

On March 22, 2016, the Second Circuit issued a decision in Avila v. Riexinger & Associates, LLC, 15‐1584(L), reversing the EDNY and holding that a debt collector violates the Fair Debt Collection Practices Act if, when it notifies consumers of their account balance, it fails to disclose that the balance may increase due to interest and fees, explaining: Section 1692e...

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Posted in EDNY, FDCPA
Posted: March 21, 2016

Hispanic Describes a Race for Purposes of § 1981 and Title VII

On February 16, 2016, the Second Circuit issued a decision in Village of Freeport v. Barrella, 14‐2270‐CV(L), reviewing a decision by the EDNY determining “whether ‘Hispanic’ describes a race for purposes of § 1981 and Title VII.” In Village of Freeport, the plaintiff sued the defendant village and its former mayor “under 42 U.S.C. § 1981, Title VII of the...

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Posted in EDNY, Civil Rights
Posted: March 14, 2016

Second Circuit Affirms Decision to Empanel an Anonymous Jury

On February 24, 2016, the Second Circuit issued a decision in United States v. Prado, 13-2894-CR(L), affirming a decision by the EDNY to empanel an anonymous jury, explaining: When genuinely called for and when properly used, anonymous juries do not infringe a defendant’s constitutional rights. A district court may order the empaneling of an anonymous jury upon (a) concluding that...

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Posted in EDNY, Juries, Trial