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  • Kiehl v. Cavicchio

    Publication Date: 2023-07-17
    Practice Area: Business Torts
    Industry:
    Court: Supreme Court, New York
    Judge: Justice Robert R. Reed
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 656114/2020

    Unjust Enrichment Claim Survives in Light of Defendant's Allegedly Implicit Promises

  • Balash v. The Bank of New York Mellon Trust Co.

    Publication Date: 2023-07-17
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: U.S. District Court for the Northern District of New York, U.S. - NDNY
    Judge: Chief Judge Brenda K. Sannes
    Attorneys: For plaintiff: Plaintiff Pro Se: Anna Theresa Balash, Astoria, New York.
    for defendant: For Defendants The Bank of New York Mellon Trust Company, National Association f/k/a The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, N.A. as Trustee for RAAC 2006SP2 and MortgageIT, Inc.: Adam P. Hartley, Greenberg Traurig, LLP, One Vanderbilt Ave., New York, New York. For Defendant McCabe, Weisberg & Conway, LLC: Kenneth Britt, McCabe, Weisberg & Conway, LLC, Melville, New York. For Defendant Max Nicholas Zacker, Esq.: Paul G. Ferrara, Costello, Cooney & Fearon, PLLC, Syracuse, New York.
    Case Number: 1:22-CV-01120

    Rooker-Feldman Bars Claims for Declaratory, Injunctive Relief But Not Under FDCPA, FCRA

  • Mendoza v. A.P.P.I. Mgmt. Corp.

    Publication Date: 2023-07-17
    Practice Area: Wage and Hour Litigation
    Industry:
    Court: U.S. District Court for the Eastern District of New York, U.S. - EDNY
    Judge: Magistrate Judge James M. Wicks
    Attorneys: For plaintiff: Attorney for Plaintiff: Amit Kumar, Esq, Law Offices Of William Cafaro, New York, New York.
    for defendant: Attorney for Defendants: Richard Ziskin, Esq., The Ziskin Law Firm, LLP, Commack, New York.
    Case Number: 22-CV-02179

    Court Approves Arm's-Length Negotiated Settlement; Fraud, Collusion Not Indicated

  • US Navy SEALs 1 26 v. Biden

    Publication Date: 2023-07-17
    Practice Area: Civil Appeals | Civil Rights | Health Care Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Duncan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-10077

    Appellants, 35 members of Naval Special Warfare Command units, sought an exemption due to a sincere religious objection to the order of the Secretary of Defense that all members of the Armed Forces be vaccinated against COVID-19.

  • Facebook, Inc. v. State

    Publication Date: 2023-07-17
    Practice Area: Criminal Law
    Industry: Technology Media and Telecom
    Court: New Jersey Supreme Court
    Judge: Justice Rabner
    Attorneys: For plaintiff: Seth P. Waxman (Wilmer Cutler Pickering Hale and Dorr) of the District of Columbia bar, admitted pro hac vice. (Javerbaum, Wurgaft, Hicks, Kahn, Wikstrom & Sinins, attorneys; Rubin Sinins, Seth P. Waxman, Ronald C. Machen (Wilmer Cutler Pickering Hale and Dorr) of the District of Columbia bar, admitted pro hac vice, Catherine M.A. Carroll (Wilmer Cutler Pickering Hale and Dorr) of the District of Columbia and Virginia bars, admitted pro hac vice, John K. Roche (Perkins Coie) of the District of Columbia, Virginia, and Maryland bars, admitted pro hac vice, Mikella M. Hurley (Perkins Coie) of the District of Columbia and New York bars, admitted pro hac vice, and George P. Varghese (Wilmer Cutler Pickering Hale and Dorr) of the Massachusetts and Pennsylvania bars, admitted pro hac vice, on the briefs)
    for defendant: Sarah C. Hunt, Deputy Attorney General (Matthew J. Platkin, Attorney General, attorney; Sarah C. Hunt, of counsel and on the briefs, and Lila B. Leonard, Deputy Attorney General, on the briefs)
    Case Number: A-61-21; A-7-22 (087054)

    Obtaining Social Media Communications on Minimal Delay Required Wiretap Order Rather than Communications Data Warrant

  • In The Int. of K.L.C.

    Publication Date: 2023-07-17
    Practice Area: Civil Appeals | Family Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Silva
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 13-22-00219-CV

    A father, who argued on appeal that the trial court erred when finding him unfit, successfully proved on appeal that he was entitled to relief.

  • Appellate Division, First Department: July 17, 2023

    Publication Date: 2023-07-17
    Practice Area: Civil Appeals | Criminal Appeals
    Industry:
    Court: Appellate Division, Second Department, Appeals & Motions
    Judge: Unsigned
    Attorneys: For plaintiff:
    for defendant:
    Case Number: DOCKET

    Appeals List & Motions List released on:July 13, 2023

  • Ridgewood Manor MHC, LLC v. Ridgewood Manor HOA

    Publication Date: 2023-07-17
    Practice Area: Real Estate
    Industry: Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: David C. Zerbato, Moton, Valihura & Zerbato, LLC, Greenville, DE for appellant.
    for defendant: Anthony V. Panicola, Olga K. Beskrone, Colten L. Fleu, Community Legal Aid Society, Inc., Dover, DE for appellee.
    Case Number: K21A-10-002 RLG

    Arbitrator erred by considering and carving out a manufactured home community owner's acquisition costs in denying the owner's request for an above-inflation rent increase, where the analytical framework merely required the arbitrator to consider the statutory factors after finding the owner had made capital expenditures that directly related to the community maintenance and improvement.

  • Nippon Shinyaku Co., Ltd. V. Sarpeta Therapeutics, Inc.

    Publication Date: 2023-07-17
    Practice Area: Patent Litigation
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Amy M. Dudash, Morgan, Lewis & Bockius LLP, Wilmington, DE; Amanda S. Williamson, Christopher J. Betti, Krista L. Venegas, Maria E. Doukas, Zachary Miller, Guylaine Hache, Michael T. Sikora, Morgan, Lewis & Bockius LLP, Chicago, IL; Eric Kraeutler, Morgan, Lewis & Bockius LLP, Philadelphia, PA, for plaintiff.
    for defendant: Jack B. Blumenfeld, Megan E. Dellinger, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Charles E. Lipsey, J. Derek , Ryan P. O'Quinn, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Reston, VA; William B. Raich, Michael J. Flibbert, Yoonhee Kim, Yoonjin Lee, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, D.C.; Alissa K. Lipton, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Boston, MA for defendant.
    Case Number: 21-1015-GBW

    Claim that patent terms were indefinite due to being susceptible to multiple meanings for a POSA rejected where the scientific evidence demonstrated that a POSA would only understand the term as having one meaning, and where defendant attempted to incorporate limiting language not supported by the intrinsic record.

  • People v. Infante

    Publication Date: 2023-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Criminal Court, Bronx
    Judge: Judge Yadhira Gonzalez-Taylor
    Attorneys: For plaintiff: For the People by: Margaret Caruso, under the supervision of Diana Beague, Darcel D. Clark, District Attorney, Bronx County.
    for defendant: For the Defendant by: Grace Powell, Esq., The Bronx Defenders.
    Case Number: CR-001698-23BX

    People Were Not Ready for Trial Within 90 Days After Arraignment; Charges Dismissed