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RECENT CASES:
Adell v. Cellco P'shp d/b/a Verizon Wireless, No. 18-CV-623 (N.D. Ohio), Appeal No. 21-3570 (6th Cir.) – Circuit Court affirming denial by District Court of Adell's motions for declaratory judgment and to vacate arbitration award, on grounds that Verizon’s arbitration agreement with its customers is unenforceable because the waiver of their right to a federal court adjudication of their claims under Article III of the United States Constitution is involuntary, and that the express purposes of the Class Action Fairness Act of 2005 and its Congressional command that the federal courts adjudicate class actions properly brought under their diversity jurisdiction irreconcilably conflict with and override the Federal Arbitration Act; certiorari denied by U.S. Supreme Court, No. 22-257
Katz v. Cellco P'shp d/b/a Verizon Wireless, No. 12-CV-9193 (S.D.N.Y.), Appeal No. 18-1436 (2d Cir.) – Circuit Court affirming denial by District Court of motion under § 10(a) of the Federal Arbitration Act to vacate arbitration award, including on ground that, with respect to the arbitrator's legal rulings, Katz's involuntary consent to the standard of review imposed by Congress under § 10(a)(4) violates Katz's constitutional right to judicial review with respect to questions of law required under the Due Process Clause of the Fifth Amendment to the United States Constitution; certiorari denied by U.S. Supreme Court, No. 18-1543
Guterman v. Costco Wholesale Corp., No. 17-CV-4812 (S.D.N.Y.), Appeal No. 18-3184 (2d Cir.) – Circuit Court affirming dismissal by District Court of Guterman's complaint asserting claims under New York tax law and for willful and knowing violations of the New York deceptive practices act based on allegations that Costco has illegally shifted its own sales tax liability for the amount of its coupon discounts on taxable items to all of its New York warehouse customers, holding that claims must be brought in an administrative proceeding with New York State Department of Taxation
William R. Weinstein, individually and on behalf of the People of the United States of America v. Donald J. Trump, President of the United States of America, et al., No. 17-CV-1018 (S.D.N.Y.) – seeking the exercise of federal court's equitable powers to impose a constructive trust on the profits earned from the payments by foreign officials to President Trump’s businesses, direct an accounting of those profits by a special master, and require the payment of those profits to the United States Treasury for the benefit of the People of the United States; action dismissed by the District Court
SETTLED CASES:
Emilio v. Robison Oil Corp., No. 1412-2003 (N.Y. Sup. Ct. Westchester County) (Scheinkman, J.) – Settlement of action challenging pricing practices by New York ESCO in connection with annual fixed price electric supply contracts, including mid-term price increases and failure to provide advance notice of price changes
Florio v. New York City, No. 06-CV-6473 (Scheindlin, J.) (S.D.N.Y.) – Settlement requiring disability parking accommodations in New York City under the ADA for severely mobility-disabled persons who neither reside, work or attend school full-time in New York City.
Lonner v. Simon Property Group, Inc., No. 2246-2004 (N.Y. Sup. Ct. Westchester County) (Scheinkman, J.) – Settlement of action challenging Dormancy Fee practices in New York regarding Simon Gift Cards sold on or before April 29, 2005.
Kitamura and Landa v. Trump Parc Condominium, et al., No. 603562-2008 (N.Y. Sup. Ct. New York County) (Fried, J.) – Settlement of action asserting claims on behalf of former owners of units of Trump Parc Condominium for their pro rata share of tax and interest refunds paid by the New York City Department of Finance for tax years 1994/1995 through and including 2007/2008.
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