In a 103-page opinion, Judge Marrero rejected President Trump’s latest attempt to block a grand jury subpoena issued to Trump’s accounting firm by Manhattan District Attorney Cyrus Vance. In July, the Supreme Court ruled 7-2 that Trump could not obtain injunctive relief based on an assertion of categorical immunity from criminal process while in office. (See our previous coverage here.) On remand, Trump argued that the subpoena was overbroad and issued in bad…

In an opinion last week, Judge Caproni ruled unlawful a memorandum issued by the Department of Interior that interpreted a provision of the Migratory Bird Treaty Act (“MBTA”) that prohibits killing “by any means whatever . . . at any time or in any manner, any migratory bird” to exclude incidental, unintentional killing. The opinion begins:…

In an opinion Monday, Judge Rakoff refused to vacate an antitrust arbitration ruling in Uber’s favor, even though the arbitrator joked at one point: “I must say I act out of fear. My fear is if I ruled Uber illegal, I would need security. I wouldn’t be able to walk the streets at night. People would be after me.” Judge Rakoff found this was merely a poor attempt at humor by an arbitrator that had…

Earlier today, Judge Oetken issued a decision invalidating several provisions of a Department of Labor rule implementing the paid sick leave and emergency family leave provisions of the Families First Coronavirus Response Act. The Labor Department had excluded employees who were unable to work because their employers had no work available for them as a result of the economic downturn caused by COVID-19. It also adopted a broad definition of “health care provider,” which would…

Last week, Judge Cote ruled that a New York’s Penal Law Section 215.50 – a misdemeanor criminal contempt statute that prohibits shouting and display of signage within two hundred feet of a courthouse where that speech concerns a trial ongoing in that courthouse – violated the First Amendment.  The case arose when the defendant distributed pamphlets with information about jury nullification outside the Bronx County Hall of Justice and was arrested after refusing to move…

In litigation concerning certain promissory notes issued by the Venezuelan state-owned oil company, Judge Failla today issued an order granting a request by the trustee and collateral agent for the noteholders to keep under seal the identity of their expert on Venezuelan law. Since last year, there has been dispute as to whether the rightful President of Venezuela is Nicolás Maduro or Juan Guaidó, and the noteholders argued that allies of Guaidó would retaliate against…

In an opinion Monday, Judge Vyskocil denied a motion to force a partnership dispute over a medical practice to be arbitrated in a Jewish court (referred to in the opinion as either a “beis din” or “beth din”).  The plaintiffs’ complaint alleged that the plaintiffs were “religiously bound to bring their dispute in the first instance to a Beis Din” but were only pursing their claims in the district court “until such time as Defendants…