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 […]
Category: Blog: The Westchester Litigator
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 […]
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 […]