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Update: Judge Issues Decision and Final Judgment in DOJ Antitrust Case Against JetBlue

In May, we discussed two antitrust lawsuits brought against JetBlue Airways Corporation (“JetBlue”) by the U.S. Department of Justice (“DOJ”) in the District of Massachusetts. One lawsuit is focused on JetBlue’s proposed...more

Recent DOJ Antitrust Cases Against JetBlue

JetBlue Airways Corporation (“JetBlue”) is currently defending two antitrust lawsuits brought by the U.S. Department of Justice (“DOJ”) in the District of Massachusetts. In the first, which was filed in March, DOJ challenges...more

Illinois District Court Rules that Sherman Act Suit Against Top Universities Will Proceed

Recently Judge Matthew F. Kennelly of the Northern District of Illinois denied the motions to dismiss filed by 17 top private universities in a class action lawsuit accusing the universities of conspiring to fix prices by...more

New Commercial Division Rule Expanding the Scope of Mandatory Settlement Conferences Is Now in Effect

Update:  As an update to our earlier post on the amendment of Commercial Division Rule 30 to expand the scope of mandatory settlement conferences—the new amendment is now in effect.  As of February 1, 2022, absent an...more

Commercial Division Promulgates New Rule Regarding Mandatory Settlement Conferences

On January 7, 2022, the Commercial Division amended Rule 30 of section 202.70(g) of the Rules of the Commercial Division of the Supreme Court.  Rule 30 is entitled “Settlement and Pretrial Conferences,” and the amendment is...more

Commercial Division Promulgates New Rule Regarding Remote Depositions

Following up on the recent addition of a new rule governing virtual evidentiary hearings and trials, last week, the Commercial Division promulgated Rule 37 of section 202.70(g) of the Rules of the Commercial Division of the...more

12/16/2021  /  Depositions , Remote Depositions

New York Supreme Court Addresses New Uniform Rule Regarding Summary Judgment Motions Adapted from Commercial Division Rules

In a recent decision in Amos Fin. LLC v. Crapanzano, et al., the New York Supreme Court, Rockland County, addressed one of the new Uniform Rules that went into effect on February 1, 2021—Uniform Rule 202.8-g(a)....more

Commercial Division Declines to Dismiss Breach of Contract Action Involving Conditions Precedent  

In a recent decision in SL Globetrotter L.P., Global Blue Group Holding AG v. Suvretta Capital Management, LLC, Toms Capital Investment Management LP, Justice Peter Sherwood declined to dismiss plaintiffs’ breach of contract...more

Commercial Division Appoints Special Discovery Master In Lieu of Judicial Hearing Officer

In a recent order, Justice Andrea Masley assigned a special discovery master to supervise discovery in Hindlin v. Prescriptions Songs LLC, et al., a “complex commercial action” with a “multitude of discovery issues[.]”...more

In a New York Debtor and Creditor Law Dispute, Commercial Division Clarifies Allegations Required to Pierce Corporate Veil

In a recent decision in South College Street, LLC v. Ares Capital Corporation, Justice Schechter of the New York State Supreme Court, Commercial Division, dismissed petitioner’s New York Debtor and Creditor Law claims, which...more

New York Courts Expand Virtual Operations Amid COVID-19 Emergency (Updated #2)

May 4, 2020 - Update: On May 4, 2020 Chief Administrative Judge Marks promulgated an order that codifies the new policies delineated in his memorandum of April 30, 2020 and discussed in the below “Update” of May 1, 2020....more

New York Courts Expand Virtual Operations Amid COVID-19 Emergency (Updated)

Update: Chief Administrative Judge Marks has issued a memorandum which explains that as of Monday, May 4, 2020, parties in pending cases in the New York court system will be able to electronically file new motions, responsive...more

New York Courts Expand Virtual Operations Amid COVID-19 Emergency

As a further update to our earlier posts about COVID-19’s effect on the Commercial Division, the New York court system has expanded its virtual operations to include proceedings in nonessential matters, including pending...more

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