In two opinions yesterday (here and here), Judges Furman and Carter concluded that Due Process requires timely, individual bond hearings, with the Government bearing the burden to show a risk of flight, for those awaiting removal hearings. In the case before Judge Furman, the detainee has been held for 21 months with no hearing.  In a previous opinion (covered here), Judge Furman concluded that, given the “liberty interests” at stake, it was…

In an opinion this week, Magistrate Judge Gorenstein ruled that sharing attorney-client privileged communications with an outside public relations firm resulted in a waiver of the attorney-client privilege.  The plaintiff, Universal Standard, a manufacturer of “size-inclusive” clothing, filed a complaint against Target alleging trademark infringement.  After discovery, Target filed a motion asking the court to find that certain emails involving the plaintiff and its outside public relations firm, BrandLink, had been inappropriately listed on the plaintiff’s privilege log.…

In a complaint filed yesterday, President Trump, his children, and entities related to Trump family businesses sued two financial institutions to prevent them from responding to recent subpoenas issued by the House Permanent Select Committee on Intelligence and the House Financial Services Committee.  The subpoenas seek banking and financial records related to Trump family businesses;  according to the complaint, “the subpoenas were issued to harass President Donald J. Trump, to rummage through every aspect of…

Today, the Supreme Court granted certiorari in two consolidated cases raising the question of whether sexual orientation discrimination violates Title VII. One of the cases is Zarda v. Altitude Express, Inc., in which Judge Failla applied, but heavily criticized, binding Second Circuit precedent disallowing such claims.  The Second Circuit, sitting en banc, ultimately reversed the precedent, finding that such claims could proceed. Our coverage of the Zarda case is here.  Supreme Court filings are available…

In an opinion yesterday in a trademark case, Magistrate Judge Parker was critical of both sides to a discovery dispute for having issued boilerplate discovery requests and responses, in violation of the specificity contemplated by Rule 34:…

In an opinion yesterday, Judge Cote concluded that a plaintiff’s software patent was not eligible for patent protection because it amounted to an abstract idea.  The patent covered a “method of creating a dynamically adaptable tutorial,” and, in essence, it described a method of linking website elements so as to facilitate, and easily update, online tutorials.  As Judge Cote explained:…

Judge Sweet passed away yesterday at the age of 96, reports Law360. Our posts relating to Judge Sweet can be viewed here. UPDATE:  The New York Times has an obituary here.…