Job Discrimination: Spencer v. Holley Central School District 
By Daily Record Staff
POSTED: September 2, 2010
Tags: Case Digests, job discrimination, U.S. District Court, Western District of New York
U.S. District Court, Western District of New York Job Discrimination Spencer v. Holley Central School District 09-CV-6351 Judge Larimer Background: Plaintiff, Karen Spencer, brings an action against her former employer, the Holley Central School District, her former supervisor, Jeff Halstead, and District Superintendent Robert C. D’Angelo, asserting causes of action for gender-based employment discrimination and [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
Freedom of Information: Matter of Town of Waterford v. New York State Department of Environmental Conservation
By Daily Record Staff
POSTED: August 16, 2010
Tags: Appellate Division, Case Digests, Freedom of Information, Third Department
Appellate Division, Third Department Freedom of Information Inter-Agency Communications Matter of Town of Waterford v. New York State Department of Environmental Conservation 506811 Article 78 Proceeding; Supreme Court, Albany County Background: The parties appeal from a judgment of the supreme court, which partially granted the petitioner’s application to annul a determination of the respondent partially [...]
Wiretapping: Caro v. Weintraub
By Daily Record Staff
POSTED: August 16, 2010
Tags: Case Digests, u.s. court of appeals for the second circuit, wiretapping
U.S. Court of Appeals for the Second Circuit Wiretapping Caro v. Weintraub 09-3685-cv Appealed from the District of Connecticut Background: The plaintiff alleges a civil cause of action under Title III of the Omnibus Crime Control and Safe Streets Act of 1968. The district court dismissed Caro’s complaint. In early February 2008, Elizabeth Caro, who [...]
Bills of Attainder: ACORN v. U.S.
By Daily Record Staff
POSTED: August 16, 2010
Tags: Appropriations, Bills of Attainder, Case Digests, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Bills of Attainder Appropriations ACORN v. U.S. 09-5172-cv Appealed from the Eastern District of New York Background: Defendants-appellants, various leaders of federal executive departments, appeal from a preliminary injunction entered Dec. 11, 2009, and a permanent injunction and declaratory judgment entered March 10, 2010, in the U.S. [...]
Securities: Commodity Futures Trading Commission v. Walsh
By Daily Record Staff
POSTED: August 16, 2010
Tags: Case Digests, securities, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Securities Commodity Futures Trading Commission v. Walsh 09-3742-cv Appealed from the Southern District of New York Background: Janet Schaberg, sued under the name Janet Walsh, is the former wife of Stephen Walsh, a defendant in actions brought by the Commodity Futures Trading Commission and the Securities and [...]
Maritime Liens: Scanscot Shipping Services v. Metales Tracomex LTDA
By Daily Record Staff
POSTED: August 13, 2010
Tags: Case Digests, maritime liens, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals for the Second Circuit Maritime Liens Scanscot Shipping Services v. Metales Tracomex LTDA 09-5280-cv Appealed from the Southern District of New York Background: Scanscot Shipping Services appeals from the Dec. 9, 2009 order of the U.S. District Court for the Southern District of New York, which vacated the attachment of certain [...]
