As always, there's lots to catch up on in the Second Circuit. So, let's cut the small talk and get to it.
Ecuadorian Judgment Against Chevron Fraudulent
Earlier this month, a district judge for the Southern District of New York penned a 497-page ruling finding that Steven Donziger violated a laundry list of laws to obtain an Ecuadorian court's judgment against Chevron, said the company in a press release. Donziger has voiced his intentions to appeal, and called the district court's ruling "an appalling decision resulting from a deeply flawed proceeding that overturns a unanimous ruling by Ecuador's Supreme Court," reports The Wall Street Journal.
Public Employees Retirement System of Mississippi v. IndyMac
Last week the Supreme Court granted certiorari to a case that originated in the Second Circuit. In Public Employees, the Court must determine whether "the filing of a putative class action serve[s], under the American Pipe rule, to satisfy the three-year time limitation in § 13 of the Securities Act with respect to the claims of putative class members." Under American Pipe, a statute of limitations is suspended for putative class members.
District Judge Removed from Case
Last week, the Second Circuit removed a federal judge for the Eastern District of New York for going too far, reports the ABA Journal. The judge crossed the line when he actually did some investigating and fact finding to confirm he a hunch he had about a series of disabilities cases, reports The New York Times. Though the Second Circuit did "not question the well-respected judge's impartiality -- or even his conclusions," the panel remanded to a different district judge.
Katz's Deli Sues Food Truck
Whether or not you've had the pleasure of eating a pastrami sandwich at New York's Katz's Deli, you've probably seen the infamous deli scene from "When Harry Met Sally." Well, the deli is making headlines again -- but this time because they want their day in court.
Las Wednesday, Katz's Deli filed a complaint in District Court for the Southern District of New York against Katz & Dog food trucks and food cart, reports the New York Post. The complaint alleges the following violations of federal law: trademark infringement, false designation of origin, trademark dilution, unfair competition, and cybersquatting, all in violation of the Lanham Act. The complaint also alleges injury to business reputation in violation of New York law, and unfair competition and misappropriation under common law.
We will update you as the case progresses.
- 2nd Cir News: Chevron Trial Begins, Conn. Officials Appeal to SCOTUS (FindLaw's U.S. Second Circuit Blog)
- Comity of Errors: Second Circuit Reverses Chevron Ruling (FindLaw's U.S. Second Circuit Blog)
- Louboutin-YSL Encore: Designer Loses One More Battle for his Sole (FindLaw's U.S. Second Circuit Blog)