28 U.S.C. § 1446 authorizes a defendant to remove a case from state to federal court by filing a notice of removal within 30 days of receipt of the initial pleading (assuming removal is otherwise proper under the statute). In a multi-defendant case, 28 U.S.C. § 1446 (b)(2)(A) imposes the […]
It is axiomatic that plaintiffs in federal court must have standing under Article III of the Constitution to bring their claims. To demonstrate standing, plaintiffs must show, inter alia, that they have suffered an “injury-in-fact,” which the Supreme Court has defined as “an invasion of a legally protected interest that […]
A jury’s verdict at the conclusion of trial is considered by many to be the final word in a long, hard-fought litigation. Trial lawyers know, however, that this is not necessarily the case and that a motion for a new trial can serve as a powerful tool in the losing […]
Judge Halpern Denies City of Mount Vernon’s Motion to Dismiss Plaintiff Firefighter’s Procedural Due Process Claim Arising from His Unpaid Suspension In Salahuddin v. City of Mount Vernon, New York, No. 20-CV-07021 (PMH), 2022 WL 564002 (S.D.N.Y. Feb. 24, 2022), the plaintiff, Deputy Chief of the City with the Mount […]
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 […]
Esther Rose
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