In an order yesterday in the appeal of the Purdue Pharma bankruptcy case, Judge McMahon invited briefing, due Monday at 9:00 a.m., on whether the Sackler family, which contributed $4.5 billion to the Purdue estate in exchange for releases,
Continue Reading Judge McMahon Asks for Briefing on Whether Purdue Pharma’s Profit Distributions to Sackler Family Were “Abusive”
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Judge Liman: Categorical Privilege Log Appropriate Even Where Third Parties Involved in Privileged Communications
In a potentially useful discovery order issued today, Judge Liman rejected defendants’ attempt to obtain a document-by-document privilege log from a plaintiff who had submitted a categorical privilege log. The order acknowledges the propriety of using a categorical privilege log…
Continue Reading Judge Liman: Categorical Privilege Log Appropriate Even Where Third Parties Involved in Privileged Communications
Senator Schumer to Recommend Judge Nathan for Second Circuit
The New York Times reports the story here.
UPDATE: President Biden has formally nominated Judge Nathan.
Continue Reading Senator Schumer to Recommend Judge Nathan for Second Circuit
Judge Cote: Corporate Representative Deposition Testimony Must Be Based on Personal Knowledge to Be Admissible at Trial
In an opinion yesterday, Judge Cote ruled inadmissible certain deposition designations that a group of defendants wanted to use at a forthcoming antitrust trial because the witnesses were corporate representatives who lacked personal knowledge of the matters to which they…
Continue Reading Judge Cote: Corporate Representative Deposition Testimony Must Be Based on Personal Knowledge to Be Admissible at Trial
Judge Sullivan: Video Evidence Disproves Charles Oakley’s Case Over Ejection from Madison Square Garden
In the long-running case between former New York Knicks player Charles Oakley and Madison Square Garden over his removal from a game in 2017 (see our prior posts here), Judge Sullivan (apparently still winding down some of his District…
Continue Reading Judge Sullivan: Video Evidence Disproves Charles Oakley’s Case Over Ejection from Madison Square Garden
Judge Seibel: Students Can Pursue Contract Claims for University’s Failure to Hold In-Person Classes During the Pandemic
In an opinion yesterday, Judge Seibel largely rejected a motion to dismiss a lawsuit brought by University of Tampa students claiming that the University breached its obligations to them by failing to hold in-person classes.
A newly-enacted Florida statute provides…
Continue Reading Judge Seibel: Students Can Pursue Contract Claims for University’s Failure to Hold In-Person Classes During the Pandemic
Second Circuit Upholds Judge Oetken’s Rejection of Constitutional Challenge to 2017 “SALT” Deduction Cap
In an opinion today, the Second Circuit affirmed Judge Oetken’s dismissal (covered here) of a lawsuit in which four states, including New York, sought to invalidate law passed in 2017 capping on the deduction for state and local taxes…
Continue Reading Second Circuit Upholds Judge Oetken’s Rejection of Constitutional Challenge to 2017 “SALT” Deduction Cap
President Biden Nominates ACLU Voting Right Attorney for Southern District Bench
The announcement of Dale Ho’s nomination is here, and a bio can be found at the ACLU’s website here.
Continue Reading President Biden Nominates ACLU Voting Right Attorney for Southern District Bench
Food Delivery Platforms Challenge City-Imposed Caps on Fees
In a new complaint yesterday, plaintiffs that operate the food delivery platforms DoorDash, Caviar, Grubhub, Seamless, Postmates, and Uber Eats sued the City of New York to challenge caps on fees that these platforms can charge restaurants to use their…
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Judge Caproni: Jurisdiction Over Case Doesn’t Mean Jurisdiction to Enforce Disputed Settlement
In an opinion Friday, Judge Caproni refused to enforce a disputed settlement of a trademark case that had been pending before her. The case was dismissed when the parties reported they had settled. The alleged settlement was not reflected in…
Continue Reading Judge Caproni: Jurisdiction Over Case Doesn’t Mean Jurisdiction to Enforce Disputed Settlement