Laura Taylor Swain
How Judge Swain decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On copyright substantial-similarity she resolves the question on summary judgment via the 'more discerning' ordinary-observer test, first filtering out unprotectible scenes-a-faire/ideas before comparing protectible expression -- a defendant invoking that filtration framework with side-by-side element analysis is meeting her on her own ground (Sheldon Abend v. Spielberg).
“where [courts] compare products that contain both protectible and unprotectible elements, [their] inspection must be 'more discerning'; [courts] must attempt to extract the unprotectible elements from our consideration and ask whether the protectible elements, standing alone, are substantially similar.”
On securities-fraud pleadings she applies the PSLRA/Rule 9(b) particularity and Iqbal plausibility standards rigorously, and will dismiss where scienter or a material misrepresentation is not adequately pleaded -- often dismissing the complaint in full and denying further leave to amend as futile.
“Defendants’ motion to dismiss the Complaint is granted in its entirety and Plaintiffs request for leave further to amend the Complaint is denied as futile.”
Procedural preferences
Refers cases to a magistrate judge for general pretrial (discovery, non-dispositive motions, settlement) while retaining dispositive motions herself.
“ORDER OF REFERENCE TO A MAGISTRATE JUDGE ... Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Laura Taylor Swain on 4/8/2015)”
Routinely approves consent/joint extensions of the summary-judgment briefing schedule (the Basinski docket shows several granted extension letter-motions before the MSJ was filed).
“ORDER granting 31 Letter Motion for Extension of Time to File. The proposed scheduled is approved. ... SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/11/2015)”
She enforces jurisdictional prerequisites strictly: a Rule 12(b)(1) challenge will be granted where the statutory predicate is unmet (e.g. the FTCA discretionary-function bar, or the Copyright Act Section 411(a) registration requirement before suit).
“Defendant’s motion to dismiss Plaintiffs’ Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction ... is granted.”
Cautions
On patent SJ she heeds the Federal Circuit's caution that invalidity/infringement motions should be approached carefully because of the numerous fact issues -- conflicting expert testimony defeated both of defendants' MSJs in Plew.
“Courts should approach motions for summary judgment for patent invalidity and infringement with great care because of the numerous fact issues involved.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants' motion is granted in part and denied in part.”
“Two summary judgment motions by Defendants are now before the Court ... both of Defendants' motions are denied.”
“both of Defendants' motions are denied.”
“Defendants' motion for partial summary judgment is granted.”
“Defendant's motion for summary judgment will be granted in its entirety and Plaintiffs' complaint will be dismissed.”
“The Court will not address Plaintiffs' class certification motion in light of the Court's ruling on Defendant's summary judgment motion.”
“Defendants' motion is granted, and Plaintiff's claims are dismissed in their entirety.”
“for the following reasons, Defendants’ motion is granted, and the September Order is vacated.”
“Defendants’ motion to dismiss is granted in part and denied in part.”
“In light of the resolution of the motion to dismiss, Plaintiffs’ motion to strike is moot.”
“Defendant’s motion is granted in part and denied in part.”
“Plaintiffs’ motion is granted in its entirety”
“Defendants’ motion to dismiss the Complaint is granted in its entirety”
“Plaintiffs request for leave further to amend the Complaint is denied as futile.”
“Defendant’s motion to dismiss Plaintiffs’ Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) ... For the following reasons, Defendant’s motion is granted.”
“for the following reasons, Defendants’ motion to dismiss is granted.”
“for the following reasons, grants Defendants’ motion to dismiss the Complaint.”
Caseload & timing
From public federal docket records for this judge.
Two slices of her docket. (1) Her current assignments are 2026-filed and pending -- civil rights (Kendrick/Perez v. Treasury), copyright (Goldman v. O'Connor), contract (Bejarano v. Bank of America), alien-detainee habeas (463), and criminal (US v. Charles) -- not a basis for duration stats. (2) A 2015-2017 filed window supplied the terminated cases used for the durations below. As S.D.N.Y. Chief Judge her assignment mix spans securities, copyright and IP, civil rights, immigration, qui tam, and criminal; she also presides over the Puerto Rico PROMESA Title III proceedings (a special designation, not in this sample).
Put Judge Swain's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Swain actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Swain's own signed orders and cites them.