Sentencing: U.S. v. Ortiz 

By Daily Record Staff
POSTED: September 2, 2010
Tags: Case Digests, sentencing, u.s. court of appeals for the second circuit

U.S. Court of Appeals for the Second Circuit

Sentencing
‘Ex Post Facto’ Clause
U.S. v. Ortiz
08-2648-cr
Appealed from the Eastern District of New York
Background: The defendant appeals from an order sentencing the defendant to imprisonment for 120 months for firearms and narcotics offenses. The defendant primarily contends his non-guidelines sentence violates the Ex Post Facto Clause because an enhancement [...]

Gender Discrimination: Hollander v. Copacabana Nightclub 

By Daily Record Staff
POSTED: September 2, 2010
Tags: Case Digests, gender discrimination, u.s. court of appeals for the second circuit

U.S. Court of Appeals for the Second Circuit

Gender Discrimination
Hollander v. Copacabana Nightclub
08-5547-cv
Appealed from the Southern District of New York
Background: Plaintiff-appellant Roy Den Hollander, individually and on behalf of a putative class of similarly situated men, appeals the Rule 12(b)(6) dismissal of his Section 1983 action brought against several New York City nightclubs for discriminating against [...]

Indian Nations: Seneca Nation of Indians v. Paterson 

By Daily Record Staff
POSTED: September 1, 2010
Tags: Case Digests, Indian nations, U.S. District Court, WDNY

U.S. District Court, WDNY
Indian Nations
Tax Law
Seneca Nation of Indians v. Paterson
10-CV-687
Judge Arcara
Background: Pursuant to Rule 65 of the Federal Rules of Civil Procedure and Local Rule 65, plaintiff Seneca Nation of Indians and the Cayuga Indian Nation of New York moved for a temporary restraining order and preliminary injunction against the defendants, enjoining them from [...]

Social Security: Jackson v. Astrue 

By Daily Record Staff
POSTED: September 1, 2010
Tags: Case Digests, Social Security, U.S. District Court, WDNY

U.S. District Court, WDNY

Social Security
Cognitive Limitations — Unskilled Work
Jackson v. Astrue
09-CV-485
Judge Telesca
Background: Plaintiff Jonathan A. Jackson brings an action pursuant to the Social Security Act, claiming the commissioner of Social Security improperly denied his application for disability insurance benefits and SSI. The parties filed papers for a judgment on the pleadings. The plaintiff, a 41-year-old [...]

Personal Jurisdiction: Sinoying Logistics Pte Ltd. v. Yi Da Xin Trading Corp. 

By Daily Record Staff
POSTED: September 1, 2010
Tags: Case Digests, personal jurisdiction, u.s. court of appeals for the second circuit

U.S. Court of Appeals for the Second Circuit
Personal Jurisdiction
Faulty Basis of  Quasi in Rem Jurisdiction
Sinoying Logistics Pte Ltd. v. Yi Da Xin Trading Corp.
09-5368-cv
Appealed from the Southern District of New York
Background: At issue is whether a district court can dismiss a maritime complaint sua sponte for lack of personal jurisdiction when the sole basis [...]

Venue: U.S. v. Barrie 

By Daily Record Staff
POSTED: September 1, 2010
Tags: Case Digests, u.s. court of appeals for the second circuit, venue

U.S. Court of Appeals for the Second Circuit

Venue
Predicate Felony as Basis for Venue
U.S. v. Barrie
09-3035-cr
Appealed from the Southern District of New York
Background: The federal aggravated identity theft statute, 18 U.S.C. §1028A, prohibits the knowing transfer, possession or use of a means of identification of another person “during and in relation to” certain enumerated felony offenses. [...]

Depraved Indifference: Mannix v. Phillips 

By Daily Record Staff
POSTED: August 31, 2010
Tags: depraved indifference, Second Circuit, U.S. Court of Appeals, void-for-vagueness doctrine

U.S. Court of Appeals, Second Circuit
Depraved Indifference
Void-for-Vagueness Doctrine
Mannix v. Phillips
07-0664-pr
Appealed from the Southern District of New York
Background: Petitioners John Mannix and Jermaine Archer, appealing from respective judgments of the Eastern and Southern Districts of New York, contend that, at the time each of their convictions became final, New York’s depraved indifference murder statute, N.Y. Penal [...]

Actions Against U.S.: Kurzberg v. Ashcroft 

By Daily Record Staff
POSTED: August 31, 2010
Tags: actions against U.S., Second Circuit, service of process, U.S. Court of Appeals

U.S. Court of Appeals, Second Circuit
Actions Against U.S.
Service of Process
Kurzberg v. Ashcroft
07-0542-cv
Appealed from the Eastern District of New York
Background: The appeal is from the dismissal for failure to serve process on the United States of an action brought under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). [...]

ERISA: Bell v. Pfizer Inc. 

By Daily Record Staff
POSTED: August 31, 2010
Tags: ERISA, Second Circuit, stock options, U.S. Court of Appeals

U.S. Court of Appeals, Second Circuit
ERISA
Stock Options
Bell v. Pfizer Inc.
07-5390-cv
Appealed from the Southern District of New York
Background: Diana Bell, M.D., appeals from a bench trial verdict that found the appellees did not breach any fiduciary duties owed to her under the Employee Retirement Income Security Act of 1974. On May 31, 2003, Bell terminated her [...]