NYC Court Limits What Filmmaker Must Give Chevron

NEW YORK - (AP) A federal appeals court on Thursday limited the amount of raw footage that a filmmaker must release from his documentary about a legal fight between Chevron and Ecuadoreans over oil contamination. The 2nd U.S. Circuit Court of Appeals said in a two-page order that filmmaker Joseph Berlinger...

Appeals Court In NYC Reinstates Wiretaps Lawsuit

NEW YORK - (AP) A lawsuit challenging a law that lets the United States eavesdrop on overseas communications more widely and with less judicial oversight than in the past was reinstated Monday by a federal appeals court that said new rules regarding surveillance had put lawyers, journalists and human...

Appeals Court In New York City Puts Chevron On Defensive

NEW YORK - (AP) A lawyer for energy company Chevron found himself on the defensive Tuesday as he argued that it was urgent that the courts protect the company from an $18 billion judgment against it in Ecuador over damage done to the Ecuadorean rain forest decades ago. Two judges. . . . Full version...

New York Court Reinstates Lawsuit By New Haven Fireman

NEW YORK - (AP) Reviving a lawsuit brought by a black firefighter, a federal appeals court decision on Monday raised new questions about the impact of a Supreme Court ruling in favor of the reverse-discrimination lawsuit brought by 17 white firefighters and one Hispanic firefighter seeking promotions...

Fulbright Alert: 2nd Circuit Rejects Per Se Gross Negligence Standard For Failure To Issue A Hold Notice

Preservation and discovery sanctions rarely reach appellate courts, but the Second Circuit addressed both in its July 10 opinion in Chin v. Port Authority of New York & New Jersey , --- F.3d ---, 2012 WL 2760776, Nos. 10-1904-cv(L), 10-2031-cv(XAP) (2d Cir. July 10, 2012) [ enhanced version available...

2nd Circuit: Failure to Issue Hold Notice by Itself Not Enough for Discovery Sanctions

The U.S. Second Circuit Court of Appeals has rejected the notion that a failure to institute a litigation hold constitutes the kind of per se gross negligence that warrants sanctions for evidence spoliation. By doing this, the court was clear in disagreeing with an often-cited 2010 decision by...

Ballard Spahr LLP: Failure To Issue Litigation Hold Is Not Necessarily Gross Negligence, 2nd Circuit Holds

By Philip N. Yannella and Christopher Corsi In a decision that will surprise some, the U. S. Court of Appeals for the Second Circuit recently held in Chin v. Port Authority [ enhanced version available to lexis.com subscribers ] that the failure to issue a litigation hold is not gross negligence per...

Ballard Spahr LLP: 2nd Circuit Says Online Agreement Did Not Bind Plaintiffs To Subsequent Arbitration Provision

By Alan S. Kaplinsky and Mark J. Levin Although much attention has been paid in the past few years to the enforceability of class action waivers in consumer arbitration agreements, a recent federal appeals court opinion is a stark reminder that there must be an enforceable "agreement" to...

2nd Circuit Enforces FLSA Class Action Waiver

Earlier this summer when the U.S. Supreme Court issued its opinion in Italian Colors v. American Express , in which the Court enforced a class action waiver in an arbitration agreement to compel the claimants to arbitrate their antitrust claims, the decision seemed likely to have widespread impact even...

Norton Rose Fulbright: 2d Circuit Dismisses Listing Theory Under Morrison

By Johannes K. Gabel , Manuela A. Siragy and Richard Werner Fagerer The Court of Appeals for the Second Circuit in its May 6 decision emphatically continued to interpret the Morrison v. National Australia Bank 1 doctrine broadly by confirming the District Court’s dismissal of a putative securities...