July 22, 2016 | New York Law Journal
Noteworthy Reminders on Venue and Preliminary InjunctionIn her Western District Roundup column, Sharon M. Porcellio discuss several "novel and interesting cases this quarter, including "Lombardi v. United States Postal Service," where newlyweds sued the Postal Service pro se in small claims court claiming damages in connection with the Postal Service's alleged failure to inform the plaintiffs that their wedding invitations required additional postage resulting in their invitations being either undelivered or significantly delayed.
By Sharon M. Porcellio
17 minute read
January 29, 2016 | New York Law Journal
Indicative Ruling Sought; Attorney SanctionsIn her Western District Roundup, Sharon M. Porcellio writes: This quarter the Western District addressed the infrequently used practice of indicative rulings and cross-motions for sanctions resulting from accusations of perjury.
By Sharon M. Porcellio
10 minute read
October 23, 2015 | New York Law Journal
Class Action Moves Forward on Copying Costs of Medical RecordsIn her Western District Roundup, Sharon M. Porcellio discusses a decision that allowed plaintiffs to proceed with their claims after addressing an array of challenges to their Second Amended Complaint in a dispute involving the costs of copies of medical records, another in which the court examined how asserting a good-faith defense may result in an implied waiver of attorney-client privilege and a third where the court granted sanctions against attorneys disregarding court rules and orders.
By Sharon M. Porcellio
10 minute read
July 24, 2015 | New York Law Journal
Disqualification Motion; Discovery Dispute Resolved by CompromiseIn her Western District Roundup, Sharon M. Porcellio reviews a decision that refused to disqualify counsel that the movant argued was representing it in state court but opposing it in related federal court actions, since in the state action counsel was representing the assignee and real party in interest, not the movant, and another decision on 11th-hour request to extend a discovery deadline.
By Sharon M. Porcellio
10 minute read
July 23, 2015 | New York Law Journal
Disqualification Motion; Discovery Dispute Resolved by CompromiseIn her Western District Roundup, Sharon M. Porcellio reviews a decision that refused to disqualify counsel that the movant argued was representing it in state court but opposing it in related federal court actions, since in the state action counsel was representing the assignee and real party in interest, not the movant, and another decision on 11th-hour request to extend a discovery deadline.
By Sharon M. Porcellio
10 minute read
April 24, 2015 | New York Law Journal
Confirming the Importance of Adhering to ProcedureIn her Western District Roundup, Sharon M. Porcellio writes: This quarter's docket was rife with interesting cases, exploring a myriad of procedural and factual issues. Among them was a subset of cases that stood out due to the common theme: Even the strongest substantive argument can be rendered ineffective as a result of a seemingly minor procedural defect.
By Sharon M. Porcellio
9 minute read
April 23, 2015 | New York Law Journal
Confirming the Importance of Adhering to ProcedureIn her Western District Roundup, Sharon M. Porcellio writes: This quarter's docket was rife with interesting cases, exploring a myriad of procedural and factual issues. Among them was a subset of cases that stood out due to the common theme: Even the strongest substantive argument can be rendered ineffective as a result of a seemingly minor procedural defect.
By Sharon M. Porcellio
9 minute read
February 09, 2015 | New York Law Journal
Union Could Not Compel Arbitration Concerning Employee's DischargeIn her Western District Roundup, Sharon M. Porcellio writes: Highlighting this quarter's column are three cases that address three very different, but interesting issues: the importance of careful crafting of arbitration agreements, whether an elected official has a property interest in her elected seat, and the pitfall of eleventh-hour motions in cases involving a history of discovery disputes.
By Sharon M. Porcellio
11 minute read
February 06, 2015 | New York Law Journal
Union Could Not Compel Arbitration Concerning Employee's DischargeIn her Western District Roundup, Sharon M. Porcellio writes: Highlighting this quarter's column are three cases that address three very different, but interesting issues: the importance of careful crafting of arbitration agreements, whether an elected official has a property interest in her elected seat, and the pitfall of eleventh-hour motions in cases involving a history of discovery disputes.
By Sharon M. Porcellio
11 minute read
October 24, 2014 | New York Law Journal
Sanctions Imposed for Failure to Preserve Surveillance VideoIn her Western District Roundup, Sharon M. Porcellio discusses a decision concerning the defendant's destruction of a surveillance video which showed a slip and fall accident in a negligence case and its ultimate impact on the plaintiffs' motion for summary judgment.
By Sharon M. Porcellio
11 minute read
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