For decades, the “first-to-file rule” has guided courts in determining the appropriate venue for litigation by creating a rebuttable presumption in favor of the first litigation filed where litigants file competing and substantially overlapping litigations in different jurisdictions. While the presumption can be rebutted in certain instances, the Southern District […]
Last March, this blog presented a case out of the Southern District of New York, in which Judge Cathy Seibel addressed the fundamental principles of removing a case to federal court on the basis of federal question jurisdiction and ultimately remanded the case to state court. As an update, we […]
Judge Halpern Denies Plaintiff’s Motion for Reconsideration After Plaintiff’s Failure to Comply with Multiple Court Orders In Clay v. Doe., No. 20-CV-07692 (PMH), 2021 WL 6051729 (S.D.N.Y. Dec. 20, 2021), the plaintiff, proceeding pro se, had filed suit against unnamed “John Doe Defendants,” alleging that he was assaulted by them […]
It was a year to remember: We skillfully navigated a remote work environment and a return to the office. We represented clients in extraordinary cases, and we were recognized by leading organizations for our achievements. We continued working with our dedicated long-time clients and welcomed many new ones. And through […]
In the current age of technology, service of process can be effectuated in minutes, if both parties agree to electronic service. Lawyers, however, tend to traditional processes, and as long as the parties are not engaging in gamesmanship, each side has every right to request “proper” service under applicable federal […]
Esther Rose
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