SDNY Blog

A Steptoe blog about civil litigation in the Southern District of New York

In an opinion Friday, Judge Ramos, concurring with other federal courts in Pennsylvania, California and Illinois, found that an Executive Order in July 2017 aimed at so-called “sanctuary cities” was unlawful.  The Executive Order conditioned certain federal funds for state and local government law enforcement-related programs (such as drug treatment or witness programs) on those governments cooperating in various specific ways with federal enforcement of immigration laws. Judge Ramos concluded (among other things) that the…
In the ongoing saga of New York State’s attempt to prevent a citizenship question from being added to the 2020 Census, Judge Furman has yet again denied an attempt to stay the proceedings pending review by the U.S. Supreme Court.  The request yesterday came on the heels of a request just before the trial in the case (see our coverage here).  According to the opinion, the present request was the twelfth time in as…
On Friday, the Supreme Court, as expected, granted certiorari in the challenge pending before Judge Furman over the addition of a citizenship question to the census.  The question presented concerns whether it is appropriate to order discovery outside the administrative record (such as the deposition Judge Furman had earlier ordered of Commerce Secretary Wilbur Ross). Judge Furman recently completed a bench trial in the case.  The Government this morning asked Judge Furman to halt
In an opinion today, Judge Cote denied a motion to compel brought by the defendants in an SEC enforcement action relating to one of the SEC’s witnesses.  The defendants claimed that the witness gave inaccurate deposition testimony about having been disciplined at work for having harassed a former romantic partner, and so wanted more documents about the incident, and an additional deposition.  Judge Cote, who chose not to identify the witness by name, emphatically denied…
In a handwritten memo endorsement today, Judge Gardephe denied a plaintiff’s request to force the defendants’ insurers to participate in mediation, concluding that the Court lacked the power to direct the actions of a nonparty: The Carriers are not parties before this Court. If Defendants believe that the Carriers are not meeting their responsibilities under the D + O policies, their remedy is to sue the carriers.…
In a complaint Tuesday, the Girl Scouts sued the Boy Scouts for trademark infringement and unfair competition, arising from the Boy Scouts’ recent decision to include girls, and to use gender-neutral terms like “scout,” that will allegedly confuse the public.  From the complaint’s introduction:…
In an order last week, Judge Oetken granted a preliminary injunction to prevent the purveyors of the cryptocurrency “AlibabaCoin” from continuing to use the marks of Alibaba Group, the global e-commerce company based in China.  According to Alibaba Group, defendants “published a variety of promotional materials that impermissibly use Alibaba’s trademarks in an effort to align AlibabaCoin with Alibaba in the minds of potential consumers.” Notably, Judge Oetken addressed whether cryptocurrency transactions purportedly occurring in Belarus could be…
A complaint filed today alleges that Donald J. Trump, the Trump Organization, and members of the Trump family falsely promoted the multi-level-marketing scheme ACN, reaping millions of dollars in secret payments to promote the scheme that led to would-be entrepreneurs losing millions of dollars.  According to the complaint, the members of the purported class invested in the multi-level-marketing scheme by paying fees and purchasing training sessions that would allow them to sell ACN’s products (which included…
In the ongoing saga of New York State’s challenge to the U.S. Census question on citizenship (see our previous coverage here), Judge Furman has rejected the Department of Commerce’s 11th hour attempt to delay the trial in the case currently scheduled to begin on November 6.   Citing “the defendants’ own urgent need for finality,” Judge Furman found that the Department of Commerce failed to show any irreparable harm should the trial proceed as planned, noting…
In an opinion Wednesday, Judge Engelmayer denied a motion by musician Kendrick Lamar (and other defendants) for partial summary judgment in a copyright case brought by an artist claiming that his work was displayed without authorization in the music video “All the Stars” from the Black Panther movie. The plaintiff hadn’t registered his work and so wasn’t eligible for statutory damages.  The defendants argued that any actual damages — profits gained from the alleged wrongdoing…