FOIA Claims Dismissed Based on Res Judicata, New Trial Granted and Qui Tam Claims
This column reports on several recent significant decisions from the United States District Court for the Eastern District of New York. Judge Natasha C. Merle dismissed claims based on res judicata. Judge Frederic Block granted a motion for a new trial due to an excessive damage award. And Judge Brian M. Cogan dismissed qui tam claims under the False Claims Act for lack of subject matter jurisdiction.
November 07, 2024 at 09:00 AM
8 minute read
Analysis
This column reports on several recent significant decisions from the U.S. District Court for the Eastern District of New York. Judge Natasha C. Merle dismissed claims based on res judicata. Judge Frederic Block granted a motion for a new trial due to an excessive damage award. And Judge Brian M. Cogan dismissed qui tam claims under the False Claims Act for lack of subject matter jurisdiction.
|Dismissal of FOIA Claims Based on Res Judicata
In Mermelstein v. U.S. Department of Justice Federal Bureau of Investigation, 23 CV 6779 (EDNY, Aug. 21, 2024), Merle granted defendant's motion to dismiss plaintiff's Freedom of Information Act (FOIA) claims based on res judicata.
In July 2023, the plaintiff submitted a FOIA request to the FBI for "all records" relating to the plaintiff (the 2023 request). After the plaintiff did not receive a response from the FBI, he filed the instant action. The plaintiff had previously filed a separate FOIA action against the FBI in 2019 (Mermelstein I).
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
From ‘Deep Sadness’ to Little Concern, Gaetz’s Nomination Draws Sharp Reaction From Lawyers
7 minute read
Deposing Former Mayor Bill de Blasio; Misrepresentations To Induce Investment: This Week in Scott Mollen’s Realty Law Digest
Post-Pandemic Increase in Live Events Prompts Need for Premise Liability Action
7 minute readLaw Firms Mentioned
Trending Stories
- 1Attracted to Thompson Hine's Fee Flexibility, Morgan Lewis Litigator Switches Firms in Chicago
- 2Phila. Attorney Hit With 5-Year Suspension for Mismanaging Firm and Mishandling Cases
- 3Simpson Thacher Replenishes London Ranks With Latest Linklaters Defection
- 4Holland & Knight, Akin, Crowell, Barnes and Day Pitney Add to DC Practices
- 5Squire Patton Boggs Associate Among Those Killed in String of Methanol Poisonings
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
