30
Mar/12

2d Circuit: LV v LY re Whether To Stay Civil Counterfeiting Case Pending Criminal Proceeding


What should a court consider when asked to stay a civil proceeding when defendants are facing a criminal proceeding as well (considering that admissions in the civil proceeding could prejudice their ability to defend the criminal proceeding:

1) the extent to which the issues in the criminal case overlap with those presented in the civil case; 2) the status of the case, including whether the defendants have been indicted; 3) the private interests of the plaintiffs in proceeding expeditiously weighed against the prejudice to plaintiffs caused by the delay; 4) the private interests of an burden on the defendants; 5) the interests of the courts; and 6) the public interest.

Noting that this test is not a ‘mechanical device’ but a ‘rough guide and ‘checklist,’ the Second Circuit affirms the lower court’s decision to not stay in a counterfeiting case.

Decision 2d Cir Lv v Ly

Comments are closed.