Federal Supplement
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Search complete. 25 mentions across 9 episodes found for "Federal Supplement".
Oct 27, 2026
Bobby CapucciHOST
The minimum contacts analysis is similar to the transacting business inquiry under CPLR 302A1.
Bobby CapucciHOST
See Dix vs. Peters 374, F.SUPP 3D 213, 223, NDNY 2019.
Bobby CapucciHOST
In assessing a defendant's minimum contacts, the court evaluates the quality and nature of the defendant's contacts.
Bobby CapucciHOST
The analysis focuses on the defendant's contacts with the forum, not the plaintiff's connection to the forum.
9 MINS LATER
Bobby CapucciHOST
At a minimum, plaintiffs must plead facts sufficient to show that the defendant would or should have been on notice of sex trafficking by the specific ventured alleged.
Bobby CapucciHOST
HG vs.
Bobby CapucciHOST
Intercontinental Hotels Corporation, 489, F.SUPP, 3D, 697705, Eastern District of Michigan, 2020.
Bobby CapucciHOST
Holding general knowledge of a sex trafficking problem does not satisfy the mens rea of the TVPA claim.
Bobby CapucciHOST
In assessing the sufficiency of an affirmative defense, the court should construe the pleadings liberally to give the defendants a full opportunity to support its claims at trial after full discovery has been made.
Bobby CapucciHOST
Radiancy Inc. vs. Viatech Consumer Products Group Inc., 138 F.SUPP 3D 303 313 SDNY 2014.
Bobby CapucciHOST
Thus, even if the law and facts as to the propriety of a particular defense, a motion to strike should be denied.
Bobby CapucciHOST
See Index Fund Inc. vs. Hagopian 107 FRD 95100 SDNY 1985.
Bobby CapucciHOST
JPMC seeks to hold the government to account for its affirmative complicity in Epstein's crimes.
Bobby CapucciHOST
And USVI cannot invoke Perrin's patriarchy as a talisman against civil procedure when Congress has afforded it a civil cause of action and nothing else.
Bobby CapucciHOST
e.g. New York v. Kraft General Foods, Inc., 862F.SUPP, 1030-1033, SDNY.
Bobby CapucciHOST
The state of New York sues as parents' patriae on behalf of the citizens of New York.
Bobby CapucciHOST
They act in a role that is more akin to that of a private actor rather than that in the role of a public enforcer of the public interest.
Bobby CapucciHOST
UPS 160F.SUPP.3D at 648.
Bobby CapucciHOST
FedEx 314FRD at 358.
Bobby CapucciHOST
As such, courts allow affirmative defenses to stand as to the government's civil RICO claims.
Bobby CapucciHOST
Block v.
Bobby CapucciHOST
First Blood Associates, six ninety-one, F.SUPP. six eighty-five, six ninety-nine and seven hundred, Sweet J., SDNY nineteen eighty-eight, denying summary judgment on the pre-litigation qualification privilege affirmative defense because there was a genuine issue as to malice and appropriate purpose.
Bobby CapucciHOST
Defendant's claim here likewise fails.
Bobby CapucciHOST
First, defendant's testimony makes no mention of any contemplated lawsuit, much less any contemplated lawsuit against Ms. Roberts.
Bobby CapucciHOST
The only evidence is a post hoc declaration written by her attorney.
Bobby CapucciHOST
Finally, it must be remembered, as explained at length above, the defendant had sexually trafficked defendant and was attempting to continue to conceal her criminal acts.
Bobby CapucciHOST
Whether her statements had an appropriate purpose, Block six ninety-one F.SUPP. at six ninety-nine through seven hundred, Sweet J., or were rather efforts by a criminal organization to silence its victims, is obviously contested.
Bobby CapucciHOST
Accordingly, obvious issues of fact exist as to whether or not defendant contemplated litigation.
Bobby CapucciHOST
The Second Circuit has repeatedly held that all ambiguities and inferences to be drawn from the underlying facts should be resolved in favor of the party opposing the motion, and all doubts as to the existence of a genuine issue for trial should be resolved against the moving party.
Bobby CapucciHOST
Swan Brewery Company, Limited v. U.S. Trust Company of New York, 832 F.Supp. 714-717 SDNY 1993, Sweet J. citing Brady v.
Bobby CapucciHOST
Town of Colchester, 863 F.2d 205-210, Second Circuit 1988.
Bobby CapucciHOST
In other words, in deciding a motion for summary judgment, the court must construe the evidence in the light most favorable to the non-moving party and draw all reasonable inferences in the non-moving party's favor.
Bobby CapucciHOST
In Agent Orange Product Liab Litig, 5.17 F.3d 76-87, Second Circuit 2008.
Bobby CapucciHOST
Stern v. Cosby, 645 F.Supp. 2d 258-269 SDNY 2009.
Bobby CapucciHOST
Summary judgment should be denied if the evidence is such that a reasonable jury could return a verdict in favor of the non-moving party.
Bobby CapucciHOST
See NetJets Aviation, Inc. v. LHC, LLC, 537 F.3d 168-178-79, Second Circuit 2008.
Bobby CapucciHOST
The federal district court in the Northern District of Iowa chose trifurcation as well.
Bobby CapucciHOST
United States v. Johnson, 378, F.SUPP, 2D, 1051, 1056, Northern District, Iowa, 2005.
Bobby CapucciHOST
The court concluded that trifurcation is required for three reasons.
Bobby CapucciHOST
First, the court concluded that the danger of unfair prejudice arising from jurors hearing victim impact evidence or evidence on other non-statutory aggravating factors before the jurors make their determination on the defendant's eligibility for the death penalty on the basis of the gateway and statutory aggravating factors substantially outweighs any probative value for such evidence to the determination of the defendant's eligibility for a death sentence.
Bobby CapucciHOST
Liability for a republication must be based on real authority to influence the final product.
Bobby CapucciHOST
Davis versus Costa Gavris, five eighty F.Supp. ten eighty-two, ten ninety-six, SDNY nineteen eighty-four, emphasis added.
Bobby CapucciHOST
Where a defendant had no actual part in composing or publishing, he cannot be held liable without disregarding the settled rule of law that no man is bound for the tortious act of another over whom he is not master of power control.
Bobby CapucciHOST
Id.
Bobby CapucciHOST
Evidence 702 Advisory Committee's note.
Bobby CapucciHOST
C. 523 IP LLC 48 F. SUPP.
Bobby CapucciHOST
3D at 649.
Bobby CapucciHOST
This requirement applies to every step in the expert's analysis, and thus any step that renders the analysis unreliable renders the expert's testimony inadmissible.
speaker_0HOST
The penalty phase set a record.
speaker_0HOST
On July seven, two thousand and three, the court approved a settlement of the Securities and Exchange Commission civil claim in SEC v. WorldCom Inc., two hundred and seventy-three F. Supp.2d four hundred and thirty-one S.D.N.Y. two thousand and three.
speaker_0HOST
The civil penalty was dollar two point two five billion, satisfied by dollar five hundred million in cash and dollar two hundred and fifty million in common stock of the reorganized company, and the presiding judge observed that it was seventy-five times greater than any prior such penalty.
speaker_0HOST
The funds went to investors under Section three hundred and eight of the Sarbanes-Oxley Act.