Litigation

  • New York Law Journal

    Former Herrick Tax Practice Chair Pleads Guilty to Tax Charges

    By B. Colby Hamilton | June 13, 2017

    Harold Levine and a co-defendant pleaded guilty to charges that they failed to report collectively more than $4 million in income, according to the Southern District U.S. Attorney's office.

  • New York Law Journal

    MTBE Pollution Ruling Is Reversed by Circuit

    By B. Colby Hamilton | June 13, 2017

    The Second Circuit reversed a ruling that found a pollution settlement with several oil companies and a district attorney in California precluded legal action by the local water board.

  • Delaware Business Court Insider

    TransPerfect Says Ex-Employees Lack Standing to Sue Over Data Breach

    By Tom McParland | June 12, 2017

    Employees of TransPerfect Global who said they faced "increased risk" of identity theft after their personal information was stolen in a January 2017 data breach lack standing to sue because they had not suffered an actual or impending injury, attorneys for the company said last week in filings in New York federal court.

  • New York Law Journal

    Couple Sues FEMA Over Refusal to Review Sandy Damage Claims

    By P.J. D'Annunzio | June 12, 2017

    A couple whose property was damaged by Hurricane Sandy has sued FEMA for denying them access to the agency's Hurricane Sandy Claims Review process, which allowed all claimants to reopen their flood insurance claims so FEMA could investigate whether any additional money was owed to victims.

  • New York Law Journal

    Judge Questions Delays in SEC Disgorgement Case

    By B. Colby Hamilton | June 12, 2017

    Southern District Judge Kenneth Karas was "perplexed" by a defendant's failure to comply with court-ordered disgorgement calculations, he said in a ruling last week.

  • New York Law Journal

    'On Constraint', the 'Vicious Propensities' Rule Continues

    By George M. Heymann | June 12, 2017

    George M. Heymann writes: How often have trial judges been confronted with a rule of law that seems out of touch with the realities of the facts before them but are "constrained" to abide by it because of appellate court decisions. One such situation is the ongoing debate regarding the strict liability "vicious propensities" rule with respect to injuries caused by domestic animals, as a direct result of the owner's conduct, which prohibits recovery on the theory of negligence.

  • New York Law Journal

    Exchange Takes on Big Banks in Latest Litigation Over Credit Default Swaps

    By B. Colby Hamilton | June 9, 2017

    An antitrust suit filed in the Southern District Thursday seeks to push major financial institutions toward greater transparency in the credit default swap market, potentially opening the door to more investor litigation in the space.

  • New York Law Journal

    SCOTUS Speaks on General Jurisdiction, Hague Service, and Arbitration Clauses

    By Michael Hoenig | June 9, 2017

    Complex Litigation columnist Michael Hoenig writes: In case readers haven't noticed, the U.S. Supreme Court has been busy issuing recent rulings that can affect litigation practice. In the last month, the justices issued a significant decision rejecting general jurisdiction over a defendant in a state where that defendant was neither incorporated nor headquartered; held that service of process of a foreign defendant by mail is permitted by the terms of the Hague Service Convention, provided the foreign country has not objected to such service by mail; and ruled that a nursing home's arbitration agreement had to be enforced as preempting tort claims for injuries filed in Kentucky courts.

  • Daily Report Online

    Trump Tweets: King & Spalding Lawyer to Head FBI

    By Katheryn Hayes Tucker and Katelyn Polantz | June 8, 2017

    President Donald Trump tweeted his choice for the new FBI director Wednesday morning – former prosecutor Christopher Wray, now with Atlanta's King & Spalding.

  • New York Law Journal

    Panel Dismisses Claim Over Injury Caused by Fish Bone

    By Jason Grant | June 8, 2017

    A woman's negligence claim against a Manhattan seafood restaurant, brought after she choked on a nearly one-inch fishbone, must be dismissed under the "reasonable expectation" doctrine, a First Department panel ruled Thursday.

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