Second Circuit — New York City Human Rights Law: Mihalik v. Credit Agricole Cheuvreux N. Am. Inc.
By Daily Record Staff
POSTED: May 20, 2013
Tags: New York City Human Rights Law, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit New York City Human Rights Law Sex Discrimination — Liberally Construed Mihalik v. Credit Agricole Cheuvreux N. Am. Inc. 12-3489-cv Judges Chin, Lohier and Droney Background: The plaintiff appealed from the dismissal of its gender discrimination and retaliation claims under the New York City Human Rights Law. [...]
Second Circuit — Forum Selection Clauses: Magi XXI Inc. v. Stato della Citta del Vaticano 
By Daily Record Staff
POSTED: May 20, 2013
Tags: Forum Selection Clauses, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Forum Selection Clauses Sublicense — Closely Related Parties Magi XXI Inc. v. Stato della Citta del Vaticano 12-568-cv Judges Chin, Droney and Restani Background: The sublicensee to an agreement allowing reproductions of the Vatican library collection brought an action against the licensee, the licensee’s president, and the [...]
Second Circuit — Copyright: Cariou v. Prince, et al.
By Daily Record Staff
POSTED: May 20, 2013
Tags: copyright, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Copyright Fair Use — Photographs and Works of Art Cariou v. Prince, et al. 11-1197-cv Judges B.D. Parker, Hall and Wallace Background: The defendant appealed from a judgment finding that the defendant’s artworks infringed upon the plaintiff’s registered copyrights in certain photographs. The plaintiff published a book of [...]
Second Circuit — Res Judicata: Proctor v. LeClaire
By Daily Record Staff
POSTED: May 16, 2013
Tags: 'Res Judicata', u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Res Judicata Collateral Estoppel — Materially New Factual Allegations Proctor v. LeClaire 11-3312-pr Judges Kearse, Katzmann and Lohier Background: The plaintiff prisoner had been administratively confined in a Special Housing Unit subject to reviews every 60 days. He appealed from a judgment dismissing his complaint that argued [...]
Second Circuit — Immigration: Shabaj v. Holder
By Daily Record Staff
POSTED: May 15, 2013
Tags: immigration, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Immigration Appellate Review Shabaj v. Holder 12-703 Judges Kearse, Katzmann and Gleeson Background: The plaintiff appealed from an order dismissing its complaint for lack of jurisdiction. The plaintiff sought review of a discretionary decision from the U.S. Citizenship and Immigration Services denying his application for waiver of [...]
Second Circuit — Resentencing: United States v. Lifshitz
By Daily Record Staff
POSTED: May 14, 2013
Tags: resentencing, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Resentencing Rehabilitative Needs United States v. Lifshitz 11-2078 Judges Kearse, Pooler and Livingston Background: The defendant appealed from an amended judgment sentencing him to 25 months imprisonment and 12 months supervised release after revoking his supervised release for failure to comply with the terms. The defendant argued [...]
SECOND CIRCUIT: First Sale Doctrine — John Wiley & Sons Inc. v. Supap Kirtsaeng
By Daily Record Staff
POSTED: May 13, 2013
Tags: First Sale Doctrine
U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT Copyright First Sale Doctrine — Items Manufactured Abroad John Wiley & Sons Inc. v. Supap Kirtsaeng 09-cv-4896-cv Judges Cabranes, Katzmann and Murtha Background: The U.S. Supreme Court reversed and remanded a prior decision of the Second Circuit by holding that the “first sale” doctrine provides a defense [...]
Second Circuit — First Amendment — Ripeness: National Organization for Marriage Inc. v. Walsh
By Daily Record Staff
POSTED: May 13, 2013
Tags: First Amendment, Ripeness, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit First Amendment — Ripeness Political Committee — Election Law National Organization for Marriage Inc. v. Walsh 10-4572-cv Judges Newman, Hall and Preska Background: The plaintiff, a nonprofit advocacy organization, sued the defendants, officials of the New York State Board of Elections, seeking a declaratory judgment that the “political committee” [...]
Second Circuit — Mortgage-Backed Securities — Edge Act: AIG v. Bank of America
By Daily Record Staff
POSTED: May 9, 2013
Tags: Edge Act, mortgage-backed securities, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Mortgage-Backed Securities — Edge Act Original Jurisdiction — Statute Interpretation AIG v. Bank of America 12-1640-cv Judges Leval, Pooler and Livingston Background: The plaintiffs and its various subsidiaries invested in residential mortgage-backed securities that were underwritten, sponsored or sold by the defendants. The plaintiffs alleged that the [...]
Second Circuit — Aggravated Felony: Santana v. Holder
By Daily Record Staff
POSTED: May 8, 2013
Tags: aggravated felony, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Aggravated Felony Crime of Violence — Attempted Arson Santana v. Holder 10-2307-ag Judges Chin, Droney and Restani Background: The petitioner sought review of an order of the Board of Immigration Appeals affirming a decision finding the petitioner removable and ineligible for cancellation of removal on the basis [...]
Second Circuit — Habeas Relief: Poventud v. City of New York
By Daily Record Staff
POSTED: May 7, 2013
Tags: habeas relief, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Habeas Relief Section 1983 — ‘Heck v. Humphreys’ Poventud v. City of New York 12-1011-cv Judges Jacobs, Calabresi and Sack Background: The plaintiff had been convicted of attempted murder and robbery and sentenced to 10 to 20 years in prison. After his conviction was vacated, the prosecution [...]
Second Circuit — Anti-Terrorism Act: In re Terrorist Attacks on Sept. 11, 2001 (Al Rajhi Bank, et al.)
By Daily Record Staff
POSTED: May 6, 2013
Tags: Anti-Terrorism Act, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Anti-Terrorism Act Tortured Victims Protection Act — Alien Tort Act In re Terrorist Attacks on Sept. 11, 2001 (Al Rajhi Bank, et al.) 11-3294-cv(L) Judges Cabranes, Raggi and Rakoff Background: A number of families and estates of the victims of the Sept. 11, 2001 terrorist attacks, individuals [...]
