Judge McMahon issued a written Order on Friday, answering the parties’ questions ahead of a bench trial in an ERISA case, and, in doing so, offered helpful guidance as to her practices in bench trials.
First, she was clear she
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Judge Engelmayer Dismisses Putative Securities Class Action Because Allegations Were Based On Unconfirmed Allegations in Short Seller’s Report
Today, Judge Engelmayer dismissed with prejudice a putative securities class action filed against DraftKings, Inc., and denied Plaintiffs’ leave to replead. Plaintiffs’ Second Amended Complaint alleged that a company that DraftKings had acquired in the course of going public, SBTech…
Judge Cote Grants Google Permanent Injunction Against “Botnet” Operators, Following Failure to Cooperate with Discovery
Earlier this month, Judge Cote entered a default judgment against Dmitry Starovikov and Alexander Filippov in Google’s action seeking a permanent injunction against them as the operators of a blockchain enabled “botnet.” Judge Cote had entered a Temporary Restraining Order…
Judge Carter to Hold Hearing Next Week on Whether to Enjoin New York’s New Online Hate Speech Law
Judge Carter will hold a preliminary injunction hearing next week in a case challenging, on First Amendment grounds, a new New York law (N.Y. Gen. Bus. L. § 394-ccc) that requires social media platforms to develop policies for addressing, and…
Judge Liman Laments Supreme Court Precedent Barring Damages Remedy For DOJ’s Retaliation Against Michael Cohen for Planned Book About Trump
In an opinion yesterday, Judge Liman granted — albeit with clear reluctance — the government’s motion to dismiss a case brought by former Trump attorney Michael Cohen against various government offices who allegedly retaliated against him for planning to publish…
Judge Abrams Harshly Criticizes SEC’s “Lifetime Gag” Settlement Requirement
In an opinion Friday, Judge Abrams approved an SEC settlement, but wrote that she would “not do so silently,” because she found highly “troubling” the SEC’s standard, non-negotiable provision requiring that the defendant not make “any public statement denying, directly…
Judge Carter: MLB’s Antitrust Exemption “Shields” MLB from Minor League Baseball Teams’ Sherman Act Suit
On Wednesday, Judge Carter granted Major League Baseball’s Motion to Dismiss the Complaint of four Minor League Baseball teams alleging that MLB violated the Sherman Act by orchestrating an agreement among its clubs to eliminate 40 minor league teams from…
Judge McMahon: “Most” Discovery Designated Confidential is Not; Oral Argument on Summary Judgment “Rarely” Necessary
In an Order Monday, Judge McMahon chided a group of defendants for “asking for permission to file almost everything in support of their motion for summary judgment and motions to exclude testimony of plaintiff’s various experts under seal.”
Referring to…
Judge Schofield: Firm With “Ample” Resources Cannot Delay Trial, Despite Lead Counsel’s COVID Diagnosis
In an endorsement today, Judge Schofield declined to postpose a major antitrust trial, despite lead counsel for a bank testing positive for COVID, given that counsel’s firm had several other lawyers available. The endorsement, in full, reads:
It is unfortunate…
Judge Abrams: Viral “Central Park Karen” Failed to State a Claim Against Former Employer
By Jason Meade