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 […]
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 […]
Just as it takes two to tango, it takes participation by two parties – the plaintiff and the defendant – for the litigation process to function effectively. This fundamental principle is reflected in CPLR 3126, which permits the court to sanction a party who “willfully” fails to participate in discovery. […]
Judge Halpern Grants Plaintiff’s Default Judgment Motion in Part in a Copyright Action In Tetra Images, LLC v. Grahall Partners, LLC, et al., No. 19-CV-05250 (PMH), 2021 WL 2809566 (S.D.N.Y. July 6, 2021), the plaintiff sought monetary damages and a permanent injunction under the Copyright Act, 17 U.S.C. § 101 […]
Esther Rose
917-693-2868
[email protected]