Schertenleib v. Traum

5 Citing briefs

  1. Schenker AG v. Societe Air France et al

    REPLY in Support re MOTION to Dismiss

    Filed February 6, 2015

    Even if a German court “refuses jurisdiction notwithstanding defendant’s consent, plaintiff is still protected by the conditional nature of the dismissal.” Schertenleib v. Traum, 589 F.2d 1156, 1163 (2d Cir. 1978). Case 1:14-cv-04711-JG-VVP Document 50 Filed 02/06/15 Page 9 of 15 PageID #: 1021 5 According to Schenker, a German court would not exercise jurisdiction because the case lacks a German “anchor” defendant. Sch.

  2. Chevron Corporation v. Donziger et al

    MEMORANDUM OF LAW in Support re: 302 MOTION to Dismiss

    Filed May 4, 2011

    New York Judiciary Law § 487 is penal statute "intended to regulate, through criminal and civil sanctions, the conduct of litigation before the New York courts." Schertenleib v. Traum, 589 F.2d 1156, 1166 (2d Cir. 1978). 'The mere fact that a wrongdoer is an attorney is insufficient to impose liability .... " N Trust Bank of Florida/Sarasota NA.

  3. In Re: Chiquita Brands International, Inc., Alien Tort Statute and Shareholders Derivative Litigation

    RESPONSE in Opposition re

    Filed June 21, 2015

    Legitimate reasons for selecting a forum include choosing a forum where the defendant is clearly subject to personal jurisdiction, Mutual Export Corp. v. Westpac Banking Corp., 742 F.Supp. 161, 163 (S.D.N.Y. 1990), or where conducting discovery against the defendant will be convenient. Schertenleib v. Traum, 589 F.2d 1156, 1164 (2nd Cir. 1978) ("the deference accorded the plaintiff's choice of forum is enhanced when the plaintiff has chosen a forum in which the defendant maintains a substantial presence"). 16 See, e.g. Blanco v. Banco Industrial de Venezuela, 997 F.2d 974, 981 (2nd Cir 1993); Irish Nat'l.

  4. LaCourte v. JP Morgan Chase & Co. et al

    MEMORANDUM OF LAW in Opposition re: 85 MOTION for Summary Judgment.. Document

    Filed December 20, 2013

    The purpose of Section 487 is to protect the Case 1:12-cv-09453-JSR Document 98 Filed 12/20/13 Page 13 of 24 10 integrity of the truth-seeking process in the New York courts. Schertenleib v. Traum, 589 F.2d 1156, 1166 (2d Cir. 1978) (“the concern is for the integrity of the truth-seeking processes of the New York courts”) All that is required for liability under Section 487 is for Plaintiff to show a single, intentional deceitful or collusive act by Defendant F&G. Amalfitano v. Rosenberg, 533 F.3d 117 (2d Cir. 2008) (holding that liability of attorneys under Section 487 may be predicated on a single intentional deceitful or collusive act and rejecting the additional requirement, which Defendants here argue, of also showing a “chronic and extreme pattern of legal delinquency.”)

  5. Chevron Corporation v. Donziger et al

    RESPONSE TO ORDER TO SHOW CAUSE re: 413 Order to Show Cause,,,,,,,. Document

    Filed March 11, 2012

    See Amalftano v. Rosenberg, 427 F. Supp. 2d 196, 207 (S.D.N.Y. 2006) (Section 487 only "supports a civil action by a party to a litigation against the attorneys representing parties in the litigation"); Oakes v. Muka, 868 N.Y.S.2d 796, 798 (2008) (Judiciary Law § 487 "applies to an attorney acting in his or her capacity as an attorney."); see also Schertenleib v. Traum, 589 F.2d 1156, 1166 (2d Cir. 1978)(holding that Section 487 does not have extraterritorial application" and applies only to "the conduct of litigation before the New York courts"); see generally Dkt. No. 303, at 25-26; Dkt.