Litigation

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2nd Circuit Enforces FLSA Class Action Waiver
Posted on 23 Aug 2013 by Kevin M. LaCroix

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... Read More

Norton Rose Fulbright: 2d Circuit Dismisses Listing Theory Under Morrison
Posted on 21 May 2014 by Norton Rose Fulbright

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... Read More

Ballard Spahr LLP: 2nd Circuit Says Online Agreement Did Not Bind Plaintiffs To Subsequent Arbitration Provision
Posted on 2 Nov 2012 by Ballard Spahr LLP

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... Read More

Fulbright Alert: 2nd Circuit Rejects Per Se Gross Negligence Standard For Failure To Issue A Hold Notice
Posted on 23 Jul 2012 by Norton Rose Fulbright

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... Read More

Ballard Spahr LLP: Failure To Issue Litigation Hold Is Not Necessarily Gross Negligence, 2nd Circuit Holds
Posted on 10 Aug 2012 by Ballard Spahr LLP

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... Read More

NYC Court Limits What Filmmaker Must Give Chevron
Posted on 16 Jul 2010 by LexisNexis Litigation Resource Community Staff

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... Read More

Appeals Court In New York City Puts Chevron On Defensive
Posted on 12 May 2011 by LexisNexis Litigation Resource Community Staff

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... Read More

Appeals Court In NYC Reinstates Wiretaps Lawsuit
Posted on 22 Mar 2011 by LexisNexis Litigation Resource Community Staff

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... Read More

New York Court Reinstates Lawsuit By New Haven Fireman
Posted on 18 Aug 2011 by LexisNexis Litigation Resource Community Staff

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... Read More