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Appellate Division Second Department Hand Down List decided on: January 17, 2018 By Leventhal, J.P.; Hall, Austin and Sgroi, JJ.
Publication Date: 2018-01-19
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: Docket

Appellate DivisionSecond Department

Bouveng v. NYG Capital LLC
Publication Date: 2017-12-13
Practice Area: Legal Ethics and Attorney Discipline
Industry: Legal Services
Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
Judge: Magistrate Judge James Cott
Attorneys:
For plaintiff:
For defendant:
Case number: 14-CV-5474

Only Court Can Decide to Adjourn Settlement Conference; Lawyer Fined, Sanctioned $6,250

Kelley v. Garuda, 7016/04
Publication Date: 2017-10-31
Practice Area:
Industry:
Court: Supreme Court, Nassau County, Trial/IAS Part 10
Judge: Justice Randy Marber
Attorneys:
For plaintiff:
For defendant:
Case number: 7016/04

Alienation of Temple in Breach of Religion's Bylaws, was Unlawful Interference wi

Canon U.S.A., Inc. v. F & E Trading LLC, 2:15-cv-6015
Publication Date: 2017-10-10
Practice Area:
Industry:
Court: U.S. District Court, Eastern District
Judge: District Judge Denis Hurley
Attorneys:
For plaintiff: Attorneys for Plaintiffs by: Richard H. Silberberg, Esq., Bruce R.M. Ewing, Esq., Dai Wai Chin Feman, Esq., Jonathan Richard Montcalm, Esq., Dorsey & Whitney LLP, New York, NY.
For defendant: Attorneys for Defendants by: Efrem Tobias Schwalb, Esq., Robert L. Rimberg, Esq., Steven Eric Frankel, Esq., Goldberg & Rimberg PLLC, New York, NY.
Case number: 2:15-cv-6015

Infringement, Unfair Competition Claims Against Sellers of 'Gray Market' Cameras

Cash et al. v. LG Electronics, Inc. et al.
Publication Date: 2017-09-27
Practice Area: Expert Witnesses | Toxic Torts
Industry:
Court: Court of Appeals
Judge: Presiding Judge Miller
Attorneys:
For plaintiff: Eric Brock (Clore Law Group LLC), Charleston; Peter Scholle (Scholle Law), Duluth; David Sleppy (Cathey & Strain LLC), Cornelia; Omar Chawdhary, Jason Webster (Attorney at Law), Houston; Samuel Allen (Attorney at Law), Charleston, for appellant.
For defendant: Edward Bresee, Arthur Park (Mozley Finlayson & Loggins LLP), Atlanta; Ayesha Khan, John Moss (Potomac Law Group), Washington, for appellee.
Case number: A17A0878

The trial court did not abuse its discretion in excluding plaintiff's expert's testimony after concluding that the expert's methodology was unreliable under Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U. S. 579 (1993), as the analytical gap between the data and the expert's opinion was too remote, and consequently, the trial court did not err in granting summary judgment to defendant based on the absence of any evidence of causation.

Asarco LLC v. Atlantic Richfield Company
Publication Date: 2017-08-14
Practice Area:
Industry: Chemicals and Materials
Court: 9th Cir.
Judge: Dana L. Christensen, Chief Judge, Presiding Before: Raymond C. Fisher, Richard A. Paez, and Consuelo M. Callahan, Circuit Judges.
Attorneys:
For plaintiff: Gregory Evans (argued), Laura G. Brys, and Daphne Hsu, Integer Law Corporation, Los Angeles, California; Linda R. Larson, Marten Law PLLC, Seattle, Washington; for Plaintiff-Appellant.
For defendant: Shannon Wells Stevenson (argued), William J. Duffy, and Mave A. Gasaway, Davis Graham & Stubbs LLP, Denver, Colorado; Elizabeth H. Temkin, Temkin Wielga & Hardt LLP, Denver, Colorado; Randy J. Cox and Randy J. Tanner, Boone Karlberg P.C., Missoula, Montana; for Defendant-Appellee.
Case number: No. 14-35723

Settlement agreement entered into under authority other than CERCLA could give rise to CERCLA contribution action (Callahan, J.)

Light v. California Department of Parks and Recreation
Publication Date: 2017-08-10
Practice Area:
Industry: State and Local Government
Court: C.A. 4th
Judge:
Attorneys:
For plaintiff: Stewart and Musell, Wendy E. Musell and Elisa J. Stewart for Plaintiff and Appellant.
For defendant: Kamala D. Harris, Attorney General, Chris A. Knudsen, Assistant Attorney General, Christine Mersten and Jodi L. Cleesattle, Deputy Attorneys General, for Defendant and Respondent California Department of Parks and Recreation.
Case number: No. D070361

Reduction of employee's hours to zero could constitute adverse employment action (McConnell, P.J.)

Orange County Water District v. SABIC Innovative Plastics US, LLC
Publication Date: 2017-08-07
Practice Area:
Industry: Mining and Resources | State and Local Government
Court: C.A. 4th
Judge:
Attorneys:
For plaintiff: Connor Fletcher & Hedenkamp, Edmond M. Connor, Douglas Aaron Hedenkamp; Miller & Axline, Duane C. Miller, Michael Dana Axline and Justin Morgan Massey, for Plaintiff and Appellant.
For defendant: Squire Patton Boggs, Adam R. Fox, Helene Huang Yang and Marisol Corral Mork, for Defendants and Respondents Sabic Innovative Plastics US, LLC, and General Electric Company.
Case number: No. D070553

Water district not required to demonstrate liability for remediation costs caused by groundwater pollution in order to bring private cause of action for indemnity under HSAA (Haller, J.)

Karczewski v. DCH Mission Valley LLC
Publication Date: 2017-07-11
Practice Area:
Industry: Transportation | Retail
Court: 9th Cir.
Judge: Cynthia A. Bashant, District Judge, Presiding Before: Susan P. Graber, Jay S. Bybee, and Morgan Christen, Circuit Judges.
Attorneys:
For plaintiff: Russell Clive Handy (argued), Center for Disability Access, San Diego, California, for Plaintiff-Appellant.
For defendant: Lann G. McIntyre (argued), Jonna D. Lothyan, Ryan P. Garchie, and Jeffry A. Miller, Lewis Brisbois Bisgaard & Smith LLP, San Diego, California, for Defendant-Appellee.
Case number: No. 15-55633

Auto dealer's refusal to install temporary hand controls in vehicle offered for test drive may support claim under ADA (Graber, J.)

Orange County Water District v. Alcoa Global Fasteners, Inc.
Publication Date: 2017-06-02
Practice Area:
Industry: Manufacturing | State and Local Government
Court: C.A. 4th
Judge:
Attorneys:
For plaintiff: Connor, Fletcher & Hedenkamp, Edmond M. Connor, Douglas A. Hedenkamp; Miller & Axline, Duane C. Miller, Michael D. Axline and Justin Massey for Plaintiff and Appellant.
For defendant: Lewis Brisbois Bisgaard & Smith, R. Gaylord Smith, Malissa McKeith, Ernest Slome, Thomas Teschner and Brittany H. Bartold for Defendant and Respondent Northrop Grumman Systems Corporation.
Case number: No. D070771

Water district may be able to recover some of future costs associated with groundwater protection program (Haller, J.)

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