1. United States v. Kerley: The CA2 held that defendants charged in federal court with violation the Deadbeat Parents Punishment Act, 18 USC 228, cannot collaterally challenge the subject matter jurisdiction of the state court that entered the underlying child support order.
2. Brown v. Cara: Boring.
Plaintiffs brought suit against defendants seeking relief in law and equity based on defendants’ alleged breach of a preliminary agreement contemplating the construction of a commercial and residential development on property located in Brooklyn, New York. Adopting the recommendations of the Magistracy, the District Court, Sterling Johnson, Jr., Judge, granted in part, defendants’ motion for summary judgment and denied plaintiffs’ cross-motion for summary judgment, effecting a dismissal of all causes of action against Defendant-Appellee Tracto Equipment, Corp., and all but one cause of action, seeking equitable relief, against Defendant-Appellee Charles Cara. Plaintiffs moved pursuant to Rule 54(b) for entry of final judgment as to the dismissed causes of action. That motion was granted; and plaintiffs filed the present appeal.
We affirm, in part, reverse, in part, vacate, in part, and remand. The District Court properly dismissed claims based on plaintiffs’ theories that the preliminary agreement is enforceable as to the ultimate contractual goal and that it forms a joint venture. The District Court erred as a matter of law by dismissing claims based on plaintiffs’ theory that the preliminary agreement creates an obligation to negotiate in good faith within the general framework provided by the document. The District Court also erred by effecting prematurely a dismissal of claims against Defendant-Appellee Tracto Equipment, Corp. Consistent with these holdings, we affirm, in part, reverse, in part, vacate, in part and remand to the District Court for further proceedings.
Is "Magistracy" even a word?