This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Magistrate Judge Vicktor V. Pohorelsky granted motions by defendant Saudi Arabian Airlines in a race discrimination case to strike both immaterial matter in the complaint and plaintiffs’ jury demand. Judge Jack B. Weinstein held that an insurance policy’s definition of “robbery” included theft by tricks. Judge Eric N. Vitaliano denied plaintiffs’ due process and equal protection claims against the Board of Elections for rejecting her petition to be placed on a primary ballot for City Council. And Judge Weinstein commented on the dangers defendant possibly faced following the U.S. Court of Appeals for the Second Circuit’s reversal of his conviction on one of three counts.
Motion to Strike Jury Demand
In Aboeid v. Saudi Arabian Airlines Inc., 10 CV 2518 (EDNY, June 1, 2011), a case pending before Judge Sterling Johnson Jr., Magistrate Judge Pohorelsky granted defendant’s motion to strike from the complaint certain immaterial allegations and plaintiff’s jury demand.
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