Litigation

Recent Posts

Jay Shapiro On Chevron Corp. v. Berlinger: When the Journalist's Privilege Is Lost
Posted on 25 Jan 2011 by Jay Shapiro

By Jay Shapiro, Partner, Katten Muchin Rosenman LLP "It is not a usual occurrence for a federal appellate court to have occasion to review a district court decision addressing the propriety of discovery to be used in foreign litigation, including... Read More

2nd Circuit Sends N.J. Whistle-Blower Claims Of Ex-Pfizer Executive Back For Reconsideration
Posted on 18 Nov 2010 by Tom Moylan

NEW YORK -- (Mealey's) A Second Circuit U.S. Court of Appeals panel on Nov. 17 affirmed summary judgment on federal False Claims Act (FCA) termination claims by former Pfizer executive Peter Rost but reversed judgment as to his claims under New Jersey's... Read More

2nd Circuit Affirms Injunction Against Lawyer Who Disclosed Zyprexa MDL Documents
Posted on 12 Aug 2010 by Tom Moylan

NEW YORK - (Mealey's) The Zyprexa multidistrict litigation court properly enjoined an Alaska attorney and mental health advocate from obtaining and disseminating confidential discovery documents produced by Eli Lilly and Co., a panel of the Second... Read More

2nd Circuit Lifts Stay On 2-Pill Plan B Contraceptive, Expedites FDA's Appeal
Posted on 8 Jun 2013 by Tom Moylan

NEW YORK - (Mealey's) The Second Circuit U.S. Court of Appeals on June 5 said the federal government failed to meet the standard to obtain a stay of a lower court order that the Food and Drug Administration immediately make the older, two-pill Plan... Read More

2nd Circuit Affirms $104 Million MTBE Contamination Verdict Against Exxon
Posted on 26 Jul 2013 by Tom Moylan

NEW YORK — (Mealey’s) The Second Circuit U.S. Court of Appeals on July 26 affirmed a $104.6 million methyl tertiary butyl ether (MTBE) contamination verdict for New York City against Exxon Mobil Corp., finding in part that the state tort verdict... Read More

William A. Ruskin: New York State Court Of Appeals: Injury Required For Medical Monitoring
Posted on 2 Jan 2014 by William A. Ruskin

By William A. Ruskin | In a landmark decision, the NYS Court of Appeals rejected medical monitoring claims in the absence of a physical injury in Caronia v. Philip Morris , No. 227, slip op. (N.Y. Dec. 17, 2013) [ enhanced opinion available to lexis... Read More

2nd Circuit Reinstates Smuggling, Racketeering Claims Against R.J. Reynolds
Posted on 24 Apr 2014 by Michael Lefkowitz

NEW YORK — (Mealey’s) The European Community (EC) is an agency or instrumentality of its member states for the purpose of diversity jurisdiction in U.S. federal courts, and allegations of cigarette smuggling, racketeering and money laundering... Read More

Supreme Court Grants Certiorari In First Sale Copyright Dispute
Posted on 16 Apr 2012 by Melissa Ritti

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court agreed April 16 to again address the question of whether a foreign-made work can be resold within the United States without the permission of a copyright holder ( Supap Kirtsaeng, d/b/a BlueChristine99... Read More

2nd Circuit Upholds Fosamax Bellwether Defense Verdict
Posted on 31 Jan 2013 by Tom Moylan

NEW YORK - (Mealey's) A defense verdict for Merck, Sharp & Dohme in the fourth federal Fosamax jaw injury trial was upheld Jan. 30 by the Second Circuit U.S. Court of Appeals, which found that the trial court didn't err in excluding a plaintiff... Read More

U.S. Supreme Court Hears Oral Argument In Market Timing Case
Posted on 10 Jan 2013 by Timothy Raub

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Jan. 8 heard oral arguments in an appeal of a Second Circuit U.S. Court of Appeals ruling allowing the Securities and Exchange Commission to seek penalties against defendants for securities fraud... Read More

2nd Circuit: Madoff Trustee Cannot Sue Banks On Behalf Of Customers
Posted on 22 Jun 2013 by Michael J. Lello

NEW YORK - (Mealey's) The Second Circuit U.S. Court of Appeals on June 20 affirmed a district court's ruling that Bernard L. Madoff Investment Securities LLC (BMLIS) trustee Irving H. Picard cannot sue JPMorgan Chase & Co., HSBC Holdings PLC... Read More

Exploring The Securities Exceptions To CAFA Jurisdiction
Posted on 2 Nov 2010 by Georgene M. Vairo

Greenwich Fin. Servs. Distressed Mortgage Fund 3 LLC v. Countrywide Fin. Corp. (603 F.3d 23, 2010 U.S. App. LEXIS 8088 [2d Cir. Apr. 20, 2010]) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case... Read More

High Court Hears Arguments On Validity Of Arbitration Clause In Antitrust Action
Posted on 28 Feb 2013 by Joan Grossman

WASHINGTON, D.C. - (Mealey's) American Express Co. (AmEx) told the U.S. Supreme Court on Feb. 27 in oral arguments that the Second Circuit U.S. Court of Appeals erred in ruling that a mandatory class action waiver clause in AmEx's standardized... Read More

Supreme Court Affirms: Trademark Case Mooted By Covenant Not To Sue
Posted on 10 Jan 2013 by Melissa Ritti

WASHINGTON, D.C. - (Mealey's) The Second Circuit U.S. Court of Appeals properly rejected trademark counterclaims levied against Nike Inc. where a covenant not to sue entered into by the counterclaimant extinguished any justiciable controversy between... Read More

Supreme Court To Hear Appeal In Market Timing Case
Posted on 25 Sep 2012 by Timothy Raub

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Sept. 25 agreed to hear an appeal of a Second Circuit U.S. Court of Appeals ruling allowing the Securities and Exchange Commission to seek penalties against defendants for securities fraud for... Read More