Second Circuit — Plain Error: United States v. Wagner-Dano
By Daily Record Staff
POSTED: May 21, 2012
Tags: Plain Error, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Plain Error Sentencing Guidelines United States v. Wagner-Dano 10-4593-cr Judges Winter, Livingston and Rakoff Background: The defendant appealed from an order convicting her of wire fraud and sentenced to 78 months imprisonment. The defendant argued that her sentence was unreasonable and procedurally defective. Specifically, she argued that [...]
Second Circuit — Corrected Affidavit: Southerland v. City of New York
By Daily Record Staff
POSTED: May 21, 2012
Tags: Corrected Affidavit, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Corrected Affidavit Qualified Immunity Southerland v. City of New York 07-4449-cv(L) Judges Kearse, Sack and Hall Background: The plaintiffs, a father and his children, brought a number of § 1983 claims asserting that a children’s services caseworker employed by the defendant city, entered their home unlawfully [...]
Second Circuit — Unfair Labor Practices: NLRB v. Starbucks Corporation
By Daily Record Staff
POSTED: May 17, 2012
Tags: u.s. court of appeals for the second circuit, Unfair Labor Practices
U.S. Court of Appeals for the Second Circuit Unfair Labor Practices Pro-Union Buttons — Employee Termination NLRB v. Starbucks Corporation 10-3511-ag(L) Judges Newman, Winter and Katzmann Background: The National Labor Relations Board petitioned to enforce a ruling that the defendant committed various unfair labor practices that included the defendant’s dress code limiting employees to wearing only [...]
Second Circuit — Securities Fraud: City of Omaha, Neb. Civilian Emps.’ Ret. Sys. v. CBS Corp. 
By Daily Record Staff
POSTED: May 16, 2012
Tags: Securities Fraud, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Securities Fraud Misstatements of Goodwill City of Omaha, Neb. Civilian Emps.’ Ret. Sys. v. CBS Corp. 11-2575-cv Judges Winter, Raggi and Rakoff Background: The plaintiff appellants appealed the dismissal of their amended and second amended complaints for failure to state a claim. The plaintiffs argued that by [...]
Second Circuit — Kosher Protection Act: Commack Self-Service Kosher Meats Inc. v. Hooker
By Daily Record Staff
POSTED: May 15, 2012
Tags: Kosher Protection Act, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Kosher Protection Act Free Exercise Clause — Establishment Clause Commack Self-Service Kosher Meats Inc. v. Hooker 11-3517-cv Judges Walker, Lynch and Droney Background: The plaintiffs appealed from an order dismissing their complaint for failure to state a claim. The appellants argued that New York’s Kosher Law Protection [...]
Second Circuit — Insurance Coverage: Amerex Group Inc. v. Lexington Ins. Co., et al.
By Daily Record Staff
POSTED: May 15, 2012
Tags: Insurance Coverage, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Insurance Coverage Appraisal of Damages — Waiver Amerex Group Inc. v. Lexington Ins. Co., et al. 10-4163-cv(L) Judges Hall, Lynch and Chin Background: The plaintiffs-appellants commenced an action against its insurers and the insurers moved to compel appraisal according to the terms of the insurance policies at [...]
Second Circuit — Title VII: Townsend v. Benjamin Enterprises Inc.
By Daily Record Staff
POSTED: May 14, 2012
Tags: Title VII, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit — Title VII Internal Investigations — Faragher/Ellerth Defense Townsend v. Benjamin Enterprises Inc. 09-0197-cv(L) Judges Livingston, Lohier and Koeltl Background: Both parties appealed from a final decision that granted summary judgment dismissing the plaintiff’s Title VII retaliation claim; denied the defendants’ post-trial motion for judgment or [...]
Second Circuit — Sexual Harassment: Redd v. NYS Division of Parole
By Daily Record Staff
POSTED: May 10, 2012
Tags: sexual harassment, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Sexual Harassment Pervasive Acts Redd v. NYS Division of Parole 10-1410-cv Judges Kearse, Walker and Raggi Background: The plaintiff appealed the dismissal of her complaint alleging disparate treatment on the basis of race and gender, retaliation and sexual harassment by the defendant, her employer. The court had [...]
Second Circuit — National Labor Relations Act: The Building Industry Electrical Contractors Assoc., et al. v. City of New York
By Daily Record Staff
POSTED: May 10, 2012
Tags: National Labor Relations Act, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit National Labor Relations Act Market Participant — Pre-emption The Building Industry Electrical Contractors Assoc., et al. v. City of New York 11-3590-cv Judges Kearse, Walker and Lynch Background: The plaintiffs appealed from the dismissal of their complaint. The complaint alleged that a number of long-term construction labor agreements [...]
Second Circuit — Multi-Employer Pension Plan Act: HOP Energy LLC v. Local 553 Pension Fund
By Daily Record Staff
POSTED: May 9, 2012
Tags: Multi-Employer Pension Plan Act, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Multi-Employer Pension Plan Act Contribution Units — Withdrawal Liability HOP Energy LLC v. Local 553 Pension Fund 10-3889-cv Judges Jacobs, Wesley and Sullivan Background: The plaintiff appealed from the confirmation of an arbitration award in favor of the defendants. The district court had held that the plaintiff was [...]
Second Circuit — Tax Refunds: Sarmiento v. United States
By Daily Record Staff
POSTED: May 8, 2012
Tags: tax refunds, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Tax Refunds Overpayment — Wrongful Withholding Sarmiento v. United States 11-3752(L) Judges Katzmann, Parker and Wesley Background: The plaintiffs commenced an action against the IRS arguing that the IRS wrongfully withheld tax refunds to which the plaintiffs were entitled as the result of the IRS’s misinterpretation of [...]
U.S. District Court, WDNY — Social Security Benefits: Hogan v. Astrue
By Daily Record Staff
POSTED: May 7, 2012
Tags: Social Security Benefits, U.S. District Court, WDNY
U.S. District Court, WDNY Social Security Benefits Appeal — Statute of Limitations Hogan v. Astrue 06-cv-6513L Judge Larimer Background: Three claimants brought a class action for the denial of Social Security Disability Insurance and/or Supplemental Security Income benefits. The plaintiffs requested a declaratory judgment that the Administrative Law Judge who had made the rulings that [...]
