Among the decisions handed down in November and December in the United States District Court for the Southern District of New York were Judge Shira A. Scheindlin’s decision refusing to consider expert affidavits that contained only legal opinions and Chief Judge Michael B. Mukasey’s opinion dismissing antitrust conspiracy claims for lack of personal jurisdiction. Judge John S. Martin Jr. required a settling tort plaintiff to notify an English court presiding over a claim against another tortfeasor, that its claim should be reduced by the amount of the settling tortfeasor’s liability. In other cases, Judge Charles S. Haight Jr. refused to extend “Yellowstone” type injunctions beyond the narrow confines of commercial landlord-tenant disputes and Magistrate Judge Douglas F. Eaton enforced an oral settlement agreement against a defendant who experienced a “change of heart.” Finally, Judge Gerald E. Lynch denied a motion to substitute as a defendant the sole shareholder of the defunct defendant corporation.

Expert Affidavits