This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Joanna Seybert precluded defendants from calling plaintiff’s former counsel as a trial witness. Judge Brian M Cogan held that a complaint alleging illegal robocalls in violation of the Telephone Consumer Protection Act did not adequately connect defendants to the calls received by plaintiff. And Judge Frederic Block, declining to dismiss securities fraud claims, rejected defendants’ arguments based on the statute of limitations and risk disclosures.

Motion To Preclude Defendants From Calling Plaintiff’s Former Counsel To Testify. In Finkel v. Zissa & Associates, 12 CV 4108 (EDNY April 12, 2021), Judge Seybert granted a motion to preclude defendants from calling plaintiff’s former counsel to testify at trial regarding a statute-of-limitations defense, where the reasons not to allow counsel’s testimony outweighed any countervailing factors.

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