In an opinion last week, Judge Engelmayer dismissed a class action brought by 16 student-athletes against the National Collegiate Athletic Association (the “NCAA”) over claims arising from NCAA’s use of the student-athletes’ names, images, and likeliness (“NIL”) in advertisements and other commercial endeavors. The plaintiffs’ amended complaint alleges unjust enrichment and violations of the Sherman
SDNY Blog
A Steptoe blog about civil litigation in the Southern District of New York
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Judge Buchwald Grants TRO Preventing Deportation of Columbia Student Protester
Last Tuesday, after oral argument, Judge Buchwald granted a temporary restraining order against the Trump administration concerning the detainment and removal of Columbia student, Yunseo Chung, who is a lawful permanent resident. A preliminary injunction hearing is scheduled for May 20, and the government is barred from detaining her or transferring her out of the…
Tennis Pros Accuse Tennis Associations of Forming Anticompetitive “Cartel”
Last week, a group of professional tennis players and the Professional Tennis Players Association (a group co-founded by Novak Djokovic) filed a 163-page complaint against the International Tennis Federation (which regulates professional tennis tournaments, including the four “Grand Slams”), the ATP Tour (which regulates men’s professional tennis tours), the WTA Tour (which regulates women’s professional…
Judge Furman: Preclusion Too “Drastic” for Witness Omitted From Rule 26 Disclosures Absent Prejudice
On Wednesday, Judge Furman ruled on several motions in limine for an upcoming bench trial, including denying a motion to preclude the testimony of a fact witness that defendants had failed to include, without justification, in their Rule 26 disclosures.
The Court explained that preclusion was too “drastic” for this case, where there was no…
Judge Vargas Grants Preliminary Injunction Limiting DOGE Access to U.S. Treasury systems
Last Friday, Judge Vargas granted a preliminary injunction filed by the Attorneys General of 19 States that restrains the Department of Government Efficiency (“DOGE”) from accessing Treasury Department payment systems. The preliminary injunction substantially tracks the temporary restraining order (“TRO”) that Judge Engelmayer granted on February 9th, which bars the Treasury Department from granting access…
Judge Woods Stays FOIA Case Over Volume II of Jack Smith Report, Allowing For Administrative Process to Be Completed
On Wednesday, Judge Woods endorsed a joint letter from the New York Times and the Department of Justice to stay proceedings in a FOIA case, pending the outcome of an administrative appeal.
The case concerns the NYT’s January 10, 2025 expedited FOIA request for the second volume of former Special Counsel Jack Smith’s report. This…
Judge Engelmayer Grants TRO Blocking Access to Treasury Databases
On Saturday, Judge Engelmayer granted an application for temporary restraining order filed that day by the Attorneys General of 19 States. They requested that, pending a hearing for preliminary injunction, the Court restrain access by the Department of Government Efficiency (“DOGE”) — or others that normally lack access — to the Treasury Department’s “payment record,…
Judge Oetken: “Much More” Expected From Parties’ 56.1 Statements
On Thursday, Judge Oetken granted defendant Wells Fargo’s motion for summary judgment in a derivative action brought on behalf of the now-defunct Lifetrade investment fund. Despite granting the motion, Judge Oetken explained in a footnote that the parties’ 56.1 statements were improper.
The Court noted that the parties submitted a collective 879 pages of “unnecessary,…
Judge Broderick Refuses To Stay Discovery in Suit Against Major League Baseball
On Thursday, Judge Vernon S. Broderick denied Major League Baseball’s motion to stay discovery in a sexual harassment and gender bias lawsuit filed by two aspiring umpires employed by MLB. The prospective umpires’ second amended complaint, filed in November, asserts hostile-work-environment, wrongful termination, and retaliation claims under the New York State Human Rights Law,…
Judge Torres Refuses to “Fast-Track” Abuse Case In Response to “Relentless” Filings from Jay-Z’s Counsel
In an Order yesterday, Judge Torres took issue with the “relentless” filings of counsel for Sean Carter (known professionally as Jay-Z) in a case accusing Mr. Carter and Sean Combs of abusing the plaintiff, a minor at the time of the alleged incident.
Mr. Carter was added to the case in an amendment on December…