Brad S Karp

September 25, 2013 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison partners Martin Flumenbaum and Brad S. Karp write that the Supreme Court in the past term affirmed the Second Circuit in four cases, and reversed or vacated it in six cases, and discuss several of those cases, along with cases which the high court is scheduled to hear in the coming term.

By Martin Flumenbaum and Brad S. Karp

19 minute read

July 26, 2006 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, report on a Second Circuit decision which clarified a long-unsettled but increasingly important issue: whether an out-of-state third party in an arbitration is required to respond to a subpoena issued by the arbitration panel. The court also addressed whether a district court order compelling compliance with an arbitration panel subpoena is a final decision immediately appealable to the appellate court.

By Martin Flumenbaum and Brad S. Karp

12 minute read

September 29, 2010 | New York Law Journal

Paul, Weiss, Rifkind, Wharton & Garrison partners Martin Flumenbaum and Brad S. Karp write, in their 26th annual review of the performance of the Second Circuit over the past term, that although the Second Circuit's reversal rate was high at 85.7 percent, its performance was roughly in line with that of the other courts of appeals, and with its own performance the prior year.

By Martin Flumenbaum and Brad S. Karp

16 minute read

October 25, 2006 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, analyze a recent decision holding that federal law does not preempt a Michigan statute that allows product liability claims to proceed against drug manufacturers concerning drugs whose Food and Drug Administration approval is fraudulently procured.

By Martin Flumenbaum and Brad S. Karp

11 minute read

January 28, 2009 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss Life Settlements Corp. v. Syndicate 102 at Lloyd's London, where the court made clear that arbitrators cannot compel third-party prehearing production of documents pursuant to �7 of the Federal Arbitration Act. In so doing, it further deepened a split among the circuits on this issue.

By Martin Flumenbaum and Brad S. Karp

10 minute read

April 27, 2005 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, we report on a decision issued last month by the U.S. Court of Appeals for the Second Circuit which affirmed a grant of summary judgment dismissing plaintiff's claims for software copyright infringement. The court held that the defendant owned the software copy at issue and had broad rights under the Copyright Act to modify the software to fit its needs.

By Martin Flumenbaum and Brad S. Karp

10 minute read

May 26, 2010 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, review a recent case in which the court held there was no basis for individual liability in employment-related retaliation claims under the Americans with Disabilities Act, but remanded for a determination as to whether obesity is a disability under the New York City Human Rights Law.

By Martin Flumenbaum and Brad S. Karp

11 minute read

January 27, 2010 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss Kiobel v. Royal Dutch Petroleum Co., in which the Second Circuit earlier this month reversed a district court's affirmance of a magistrate judge's Rule 11 order sanctioning attorneys for making allegedly baseless statements in a court filing. In a brief decision, the panel ruled that an attorney has not made a baseless statement if any reasonable inference can be drawn from record evidence to support the statement, and that an unintentional overstatement, lacking in material impact, cannot constitute a breach of Rule 11.

By Martin Flumenbaum and Brad S. Karp

13 minute read

January 28, 2008 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, review the recent decision in Clark v. Perez, where the court reversed a district court judgment granting a habeas petition and ordering a new trial for prisoner Judith Clark because her decision to proceed pro se, and her antagonism towards the legal system, rendered "justifiable" her failure to raise her Sixth Amendment claims on direct appeal.

By Martin Flumenbaum and Brad S. Karp

14 minute read

March 23, 2005 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, litigation partners at Paul, Weiss, Rifkind, Wharton & Garrison, report on a recent decision by the U.S. Court of Appeals for the Second Circuit in which the court affirmed a grant of summary judgment, dismissing a plaintiff's claims for employment discrimination based on sex stereotyping.

By Martin Flumenbaum And Brad S. Karp

11 minute read