News & Analysis as of

Summary Judgment Judicial Authority

Freiberger Haber LLP

The Second Department Holds that New York Need Not Possess Personal Jurisdiction Over a Judgment Debtor in Order to Recognize and...

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In today’s BLOG, we will address the enforcement of foreign judgments (i.e., judgments obtained outside the State of New York) in New York.[1]Simply stated, armed with a money judgment, a judgment creditor can employ numerous...more

Patterson Belknap Webb & Tyler LLP

If at First You Don’t Succeed, Do Not Try Again: Judge Oetken Invokes Collateral Estoppel to Dismiss Plaintiff’s Infringement...

On July 9, 2025, Judge J. Paul Oetken (S.D.N.Y) found that collateral estoppel barred plaintiff Linfo IP, LLC from relitigating the validity of its asserted patent and dismissed Linfo’s infringement claims against Aero...more

McDermott Will & Schulte

The Employee Retention Credit: A court challenge to IRS guidance

Case: Stenson Tamaddon LLC v. IRS, No. CV-24-01123-PHX-SPL, 2025 WL 1725942 (D. Ariz. June 20, 2025) On June 20, 2025, the US District Court for the District of Arizona denied a motion for summary judgment that was filed...more

Adams & Reese

Florida Appeals Court Reverses Mortgage Foreclosure for Lack of Specific Findings

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A Florida Appeals court ruled that specific findings are required in mortgage foreclosure summary judgments – generic orders are not sufficient. Lenders and foreclosure attorneys must provide detailed, record-based...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court holds district courts are not bound by agency interpretations in civil enforcement proceedings

On June 20, the U.S. Supreme Court reversed and remanded a lower court decision, holding that the Hobbs Act does not bind district courts in civil enforcement proceedings to an agency’s interpretation of a statute. In this...more

Potomac Law Group, PLLC

SCOTUS Rejects Unique Proof Standards for Reverse Discrimination Plaintiffs

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, holding that courts may not impose heightened evidentiary requirements on Title VII plaintiffs simply because...more

Poyner Spruill LLP

Fourth Circuit Court of Appeals Instructs District Court to Correctly Apply Qualified Immunity Analysis

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The Fourth Circuit Court of Appeals recently vacated and remanded a District Court opinion that denied qualified immunity to a Charlotte-Mecklenburg Police Officer. In Belton v. Loveridge, the appellate court held the trial...more

Freeman Law

Tax Court Has De Novo Review Over Tax-Related Passport Denial/Revocation Cases

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In a recent case of first impression, the U.S. Tax Court has held that it does not have to rely solely upon the administrative record in determining whether the IRS erroneously certified a taxpayer as having a seriously...more

Clark Hill PLC

SCOTUS’s Ames Decision Provides a Roadmap for Title IX Lawsuits Brought by Male Plaintiffs

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In Ames v. Ohio Dep’t of Youth Servs., No. 23-1039, 2025 WL 1583264 (U.S. June 5, 2025), the Supreme Court held unanimously that the “background circumstances” rule imposed by some lower courts, requiring members of a...more

Husch Blackwell LLP

Court Orders Reinstatement of CPSC Commissioners After Unlawful Firing by the Trump Administration

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On Friday, Judge Matthew J. Maddox of the U.S. District Court for the District of Maryland ruled that the removal of Democratic Commissioners from the Consumer Product Safety Commission (“CPSC”) without cause was unlawful....more

Dinsmore & Shohl LLP

D.C. District Court Declines Manufacturers’ Unilateral Efforts to Move Forward with Proposed 340B Rebate Models

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Last month, the United States District Court for the District of Columbia (the “District Court”) evaluated Motions for Summary Judgment concerning drug manufacturers’ efforts to unilaterally pay 340B Program discounts in the...more

Orrick, Herrington & Sutcliffe LLP

CFPB argues challenge to its funding mechanism is premature

On May 29, the CFPB filed a response to a letter from the defendants notifying the U.S. SDNY of the Bureau’s intention to file a motion to dismiss the CFPB’s second amended complaint based on the Bureau’s alleged lack of...more

McGlinchey Stafford

Federal Court Finds Public Service Providers Do Not Qualify as Debt Collectors Under FDCPA

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A federal Judge for the United States District Court for the Northern District of Oklahoma recently granted the motions of several public entities to dismiss the amended complaint of a pro se plaintiff who brought claims...more

Epstein Becker & Green

Justices Reject “Moment of Threat” Rule in Police Shooting Case - SCOTUS Today

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The most anticipated event at the U.S. Supreme Court today was the oral argument in the birthright citizenship case....more

Orrick, Herrington & Sutcliffe LLP

Court upholds Ginnie Mae’s authority in reverse mortgage dispute, grants summary judgment

On April 2, the U.S. District Court for the Northern District of Texas granted defendant Ginnie Mae’s motion for summary judgment in a dispute concerning Ginnie Mae’s Home Equity Conversion Mortgage (HECM) mortgage-backed...more

Holtzman Vogel Baran Torchinsky & Josefiak

In Compliance: Holtzman Vogel's July 2024 Round-Up

Holtzman Vogel attorneys wrote on the Supreme Court's landmark Loper Bright decision earlier this month. The Court overruled its 1984 decision in Chevron v. NRDC that introduced the so-called "Chevron deference" principle...more

White & Case LLP

Which jurisdiction? Choosing where to litigate: A jurisdictional overview of the world’s court systems

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With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week in Review

European Commission Requests 11 Member States to Implement Bank Recovery and Resolution Directive (BRRD) - On May 28, 2015, the European Commission published a press release announcing that it has requested 11 member...more

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