Legal Opinion

Jacoby & Meyers, LLP v. Presiding Justices of the First, Second, Third & Fourth Departments

District Court, S.D. New York

Decided July 15, 2015No. 11 Civ. 3387(LAK)PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

LEWIS A. KAPLAN, District Judge.

This putative class action challenges — on First and Fourteenth Amendment and dormant Commerce Clause grounds — the constitutionality of several New York laws and regulations that,, like those of all or most other states, prohibit non-lawyer equity ownership in law firms. The matter, which the Court previously dismissed for lack of standing, is, on remand from the Court- of Appeals and is before the Court on a motion-,to dismiss the third amended complaint (“TAC”). The Court concludes that (1) it is constrained by the mandate rule to hold that…

2Cases cited96 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Wolff v. McDonnellSupreme Court of the United States · 1974
  3. Warth v. SeldinSupreme Court of the United States · 1975
  4. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  5. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985

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3Cited by3 opinions

  1. Jacoby & Meyers, LLP v. Presiding Justices of the First, Second, Third & Fourth Departments, Appellate Division of the Supreme Court of New YorkCourt of Appeals for the Second Circuit · 2017
  2. Jacoby & Meyers v. the Presiding JusticesCourt of Appeals for the Second Circuit · 2017
  3. Whipper v. GreenDistrict Court, D. Connecticut · 2024

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