ed wasmuth
@ed_wasmuth
CA2: RCRA cost recovery action; Ps should be allowed to amend complaint; submitted to DC documents that show they could plead that material at issue not exempt recycled industrial byproducts bit.ly/44McwrA DRIAppellate
CA2: in determining whether a credit reporting agency followed reasonable procedures to insure a report's accuracy, it does not matter if error is legal or factual; for FCRA claim, inaccurate info must be objectively and readily verifiable bit.ly/3NVryES DRIAppellate
CA2: affirming dismissal for lack of personal jurisdiction; Montreal Convention does not create personal jurisdiction; no long arm jurisdiction because no injury in NY bit.ly/3OnC9tH DRIAppellate
CA2: Rooker-Feldman doctrine does not apply when the state court proceeding at issue has not concluded bit.ly/3O6kfdg DRIAppellate
CA2: reversing dismissal of RICO claim; 1995 RICO amendment bars RICO claims only when the alleged fraud is in the actual purchase or sale of securities, not when securities are incidental to the fraud bit.ly/44BaOtJ DRIAppellate
CA2: forum selection clause in agreement was permissive; applying modified forum non conveniens test, suit in new York allowed bit.ly/43DAWmi DRIAppellate
CA2: attempted class action to hold creditor in contempt for violating bankruptcy court discharge orders; court could not hold creditor in contempt of orders entered by other courts bit.ly/3DGCK3y DRIAppellate
CA2: arbitrations of AEDA claims properly judged untimely under arbitration agreements; judge-made "piggybacking rule" only related to administrative exhaustion of EEOC claims; had no impact on contractual deadline to arbitrate bit.ly/3rWYkOr DRIAppellate
CA2: class decertified in Section 10(b) case against Goldman Sachs; Ds rebutted the Basic presumption; corrective disclosures did not match alleged misrepresentations, no presumption that misrepresentations affected stock price bit.ly/3qomxgp DRIAppellate
CA2: convertible note in investment transaction not unconscionable, DC reversed; lack of consideration for note a question of fact bit.ly/450IgKd DRIAppellate
CA2: DC erred in confirming arbitration award and unsealing confidential arbitration award when award was paid in full shortly after petition filed bit.ly/3DXFqcV DRIAppellate
CA2: limitation period for claim under sec. 1983 and Title IX for alleged sexual abuse of minor is the NY personal injury limitations period, not the extended one under NY Child Victims Act bit.ly/3YH55jN DRIAppellate
CA2: class action settlement vacated; free subscriptions given to class were coupons; DC should have evaluated reasonableness of atty fees award in context of overall fairness of settlement and in light of case being a coupon settlement bit.ly/3KLeIrL DRIAppellate
CA2: although P could not use RICO to recover for a personal injury, he could recover for injuries to his "business or property" that resulted from a personal injury, in this case lost earnings bit.ly/3P3SX98 DRIAppellate
CA2 DC had subject matter jurisdiction under Edge Act for claim against defendant bank because D was an "Edge bank" and claim arose out of transaction involving international or foreign banking bit.ly/47LKD5r DRIAppellate
CA2: Hazardous Materials Transportation Act preempts product liability claims related to container holding compressed air bit.ly/45r8EwU DRIAppellate
CA2: Investment Advisers Act of 1940 authorizes rescission of contract when performance of contract is illegal, not merely when performance under contract is illegal bit.ly/3RbOZwQ DRIAppellate
CA2: DC erred in concluding as a matter of law that loans with floating price conversion option (converting loans into stock) were not usurious bit.ly/3ZbGq78 DRIAppellate
