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 held that, where both parties failed to perform under a confidentiality agreement, neither could prevail in claiming a breach by the other. Judge Roslynn R. Mauskopf found that plaintiff had not properly served defendant under the Foreign Sovereign Immunities Act. Judge Arthur D. Spatt denied a mother’s §1983 claims relating to a search of her son by a school security guard. Judge Spatt also ruled that a contractor forfeited its right to insurance coverage by undue delay in notifying its insurer of an occurrence.
Confidentiality Provision
In Mathis v. Liberty Moving Co., 08 CV 1163 (EDNY, Oct. 26, 2011), Judge Seybert found, after an evidentiary hearing, that neither party could prevail on its claims that the other had breached the terms of a confidentiality agreement, where both sides failed to prove their own compliance with the confidentiality provision.
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