Jenna C. Smith

December 23, 2024 | New York Law Journal

The authors write "This column discussed recent noteworthy decisions of the U.S. District Court for the Northern District of New York. This installment explores two recent decisions involving the Telephone Consumer Protection Act. In the first decision, Chief U.S. District Court Judge Brenda K. Sannes denied a defendant’s motion to strike class allegations as premature, on the basis that these arguments would be more appropriate to address at the class certification stage. In the second decision, District Court Judge Anne M. Nardacci addressed similar arguments at the class certification stage, eventually granting a motion to certify a damages class under Rule 23(b)(3)."

By Jenna C. Smith and Adam R. Shaw

8 minute read

July 01, 2024 | New York Law Journal

This column discusses recent noteworthy decisions of the U.S. District Court for the Northern District of New York. This installment explores two recent decisions by Senior U.S. District Court Judge Lawrence E. Kahn evaluating a constitutional challenge to recent amendments to New York's Emergency Tenant Protection Act (ETPA), N.Y. Unconsol. Law §8623.

By Jenna C. Smith and Adam R. Shaw

8 minute read

March 22, 2024 | New York Law Journal

This installment of the Northern District Round-Up column explores a recent decision by Judge Anne Nardacci of the Northern District of New York concerning yet another challenge to New York state's cannabis licensing program.

By Adam R. Shaw and Jenna C. Smith

7 minute read

November 28, 2023 | New York Law Journal

This column discusses recent noteworthy decisions of the U.S. District Court for the Northern District of New York. This installment addresses two recent decisions dealing with claims based on transactions facilitated by Facebook Marketplace. The first is a decision by U.S. District Judge Mae A. D'Agostino denying Meta Platforms Inc.'s motion to dismiss for lack of personal jurisdiction and the second is a decision by U.S. District Judge Glenn T. Suddaby granting Capital One's motion to dismiss a class action complaint asserting claims for violation of the Electronic Funds Transfer Act and related common law claims.

By Adam R. Shaw and Jenna C. Smith

10 minute read

September 12, 2023 | New York Law Journal

This installment discusses a decision by U.S. District Judge David L. Hurd addressing a motion to intervene filed by the liquidators of a Ukrainian bank controlled by the Russian Federation whose assets were subject to a writ of execution in the Northern District of New York that was sought to satisfy a default judgment entered against the Taliban, Al-Qaeda, and the Haqqani Network in the Northern District of Texas as a result of personal injuries stemming from a 2016 terrorist attack.

By Adam R. Shaw and Jenna C. Smith

8 minute read

May 30, 2023 | New York Law Journal

This installment addresses a decision by U.S. District Judge Mae A. D'Agostino mapping the boundaries of a defamation claim and a decision by Senior U.S. District Judge Frederick J. Scullin, Jr. exploring the requirements to maintain standing throughout an action.

By Adam R. Shaw and Jenna C. Smith

9 minute read

February 21, 2023 | New York Law Journal

In this edition of their Northern District Roundup column, Adam Shaw and Jenna Smith discuss a recent decision by Magistrate Judge Daniel J. Stewart granting a defendant's motion to quash a deposition subpoena issued to the company's former in-house counsel as well as a decision by U.S. District Court Judge Gary L. Sharpe denying a motion to dismiss a preliminary injunction he previously entered enjoining certain aspects of New York state's retail cannabis licensing program.

By Adam R. Shaw and Jenna C. Smith

8 minute read

December 14, 2022 | New York Law Journal

In this edition of their Northern District Roundup column, Adam Shaw and Jenna Smith discuss two recent noteworthy decisions granting preliminary injunctions enjoining the enactment/enforcement of recently-passed high-profile legislation in New York state. In the first decision, 'Variscite NY One v. State of New York', the court found that certain requirements of New York state's retail license program for recreational cannabis violated the dormant Commerce Clause. In the second, 'Antonyuk v. Hochul', the court held that several aspects of the state's revised conceal carry restrictions violated the Second Amendment and were unenforceable. 

By Adam R. Shaw and Jenna C. Smith

8 minute read

August 26, 2022 | New York Law Journal

This column addresses recent noteworthy decisions of the U.S. District Court for the Northern District of New York. This installation focuses on two decisions granting motions to dismiss, the first dismissing claims brought by former president Donald Trump against New York Attorney General Letitia James, and the second dismissing an action alleging violations of the Defend Trade Secrets Act and accompanying state law claims for lack of personal jurisdiction and lack of capacity to sue.

By Adam R. Shaw and Jenna C. Smith

7 minute read

May 20, 2022 | New York Law Journal

District Judge David N. Hurd recently ruled on two cases involving First Amendment rights—one challenging an ordinance that prohibited bringing signs to city council meetings and another involving the impact of a professor's economic views on his promotion.

By Adam R. Shaw and Jenna C. Smith

7 minute read