The Chicago Cubs and Supreme Court history - courtesy of Prof. Barrett
Random thoughts -- and helpful links and resources -- from a Buffalo lawyer who loves practicing law. My practice focuses on federal, municipal, and appellate litigation. My name is Jeremy A. Colby and I approve of this Blawg -- which does not represent the thoughts or views of my past, present or future: firm(s), clients, employers, schools, professors, educators, friends, and/or relatives (herein collectively defined as "Anyone Else"). See "Disclaimer" below.
I am very pleased to report that Tracey Meares, Ward Hale Hamilton Professor of Law at Yale University, will deliver Chautauqua Institution’s 12th annual Robert H. Jackson Lecture on the Supreme Court of the United States, on Monday, July 11, 2016, at 4:00 p.m. in Chautauqua’s Hall of Philosophy.
Thank you for the invitation professor Kevin Hinkley, a fellow Skadden alumnus.
ABL went last week for the cherry blossoms, and hopes to return to appear before the USSC. http://www.scotusblog.com/2014/04/petition-of-the-day-587/
The ABA published a summary of the amendments to Rule 45. http://www.americanbar.org/newsletter/publications/youraba/201212article10.html
Here is an interesting presentation by Dr. Elizabeth Loftus
Chief Justice John G. Roberts spoke at the Jackson Center.
On Thursday March 28, 2013, the Charles S. Desmond Inn of Court presented a CLE on "Legal Ethics & Social Networking" hosted by ABL.
In December, Governor Cuomo signed the Uniform Notice of Claim Act, which was not subject to much (if any) debate in the Legislature. http://open.nysenate.gov/legislation/bill/S7641-2011
Prof. Jenny Rivera is on her way to being confirmed, but Cuomo has another seat to fill . . . ABL is ready to serve (and ABL's law review articles are not full of social science gobbleygook)
The 2d Circuit agreed with ABL and dismissed claims against the former County Executive and three county employees based on absolute legislative immunity.
In Townsend v. Benjamin Enterprises, Inc., the 2d Circuit addressed an issue of first impression -- whether Title VII's "participation clause covers internal [i..e., employer] investigations not associated with a formal EEOC charge." The court answered the question in the negtive, holding that Title VII's participation clause only extends to a formal EEOC investigation; "it does not include participating in an employer's internal, in-house investigation, conducted apart from a formal charge with the EEOC."
“I think that Plessy v. Ferguson was right and should be reaffirmed.”
Need help getting into the cloud or going paperless? Call Eric Posa @ DocuSyst (http://www.docusyst.com/).
Courtesy of Prof. John Q. Barrett of St. John's:
Online Demonstration Video of New
In ROMANO v. STEELCASE, INC., (N.Y. Sup. 2010) Supreme Court in Suffolk County (Justice Spinner) engaged in a thorough analysis of whether or not defense counsel is entitled to seek an authorization for social networking sites such as Facebook and MySpace. The court held that a plaintiff in a personal injury action who is claiming physical limitations and loss of enjoyment are required to provide consents that authorize defense counsel to review plaintiff's Facebook/MySpace pages. Justice Spinner examined federal and Canadian case law because "there is no New York case law directly addressing the issues raised by this application, there are instructive cases from other jurisdictions." Justice Spinner also found that a plaintiff "has no legitimate reasonable expectation of privacy" in their online postings.
In AIG Europe, S.A. v. MIH Scrap Metals Intern., LLC, 2010 WL 2720593 (W.D.N.Y.,2010), Judge Arcara decided a personal jurisdiction motion in an interesting case involving a multi-million order of copper from Tanzania, that was supposed to be checked by a agent from London when it was loaded on a ship -- and which turned out to be crates full of rocks and dirt. ABL also hears that when the insurer sent an investigator to Africa to snoop around, that he was promptly greeted by armed gunmen who politely asked him to stop asking questions and to leave.
by Judge Ramos.
Today's Desmond meeting will discuss this topic.
Perdue v. Kenny A. (pdf is linked).
"Less substantive but also adding to the confusion, the Court observes that in a world where spell-checking and grammar-checking devices are ubiquitously employed, the proposed amended complaint stands resolutely alone, offering a virtual parade of linguistic horrors. After cavalierly invoking the “jurisdication” (sic) of the Court, plaintiff refers to the defendants using dozens of different abbreviations and acronyms, in some cases so far removed from defendants' names as to render them unidentifiable. She converts bulleted lists into separate paragraphs comprised of inscrutable, open-ended sentence fragments, flouts the rules of grammar and sentence construction to the point that many allegations are entirely nonsensical, and vacillates constantly between referring to herself in the first person and third person narrative modes."
Seven years ago, ABL submitted a proposal to the Committee responsible for considering changes to the Federal Rules of Civil Procedure. This proposal remains pending (2 of 5 from 2003 that have not been closed). The is a hyper-link to a list of other such proposals. ABL's proposal is still pending. I recall hearing from the Committee that the process takes a "long, long" time. They were not kidding.
In Hertz v. Friend, the USSC recently adopted the 7th Circuit's nerve center test for ascertaining a corporation's principal place of business for purposes of diversity jurisdiction, ending a 50 year split amongst the circuits.
ABL attended the Celebration of Excellence. Met Justices Scalia and O'Connor (I am sure it was the highlight of their evening). Enjoyed fabulous food (the pumpkin soup was rivaled only by the crab cakes). Reconnected with friends. Thanks to SouthWest, ABL was free to move about the USSC. Thank you Cindy Dennis!
As always, it was an excellent event. A great opportunity to see colleagues and meet a few new ones. Judge Arcara fondly recalled the life and career of Judge Elfvin (n.b. one friendly supplement: Elfvin started his law school career at Harvard while working at GE and that he transferred to Georgetown when he went to DC to work for the Department of the Navy).
In ReliaStar Life Ins. Co. of New York v. EMC National Life Co., (2d Cir. 2009), the Second Circuit Court of Appeals construed a broad arbitration clause and held that the arbitrators were given discretion to sanction a party for bad faith conduct during the arbitration, including attorneys' fees.
. . . despite the fact that they took effect on April 1, 2009.