Attorney ghostwriting could gain acceptance 
By Correy E. Stephenson
POSTED: December 9, 2011
Tags: acceptance, attorney ghostwriting, Second Circuit
Attorneys who practice before the Second Circuit now have the option to draft pleadings and motions for pro se clients without disclosing their involvement — a process known as “ghostwriting” — after the court’s recent ruling that such actions do not constitute misconduct warranting sanctions.
Despite the growing acceptance of unbundled legal services generally, ghostwriting has [...]
Decision to tax Oneida properties left to state
By Denise M. Champagne
POSTED: October 21, 2011
Tags: court of appeals, foreclosure, Oneida Indian Nation, property, Second Circuit, tax laws
It will be up to state courts to decide whether properties owned by the Oneida Indian Nation are exempt under state Indian and real property tax laws. The U.S. Court of Appeals for the Second Circuit last week vacated a district court’s ruling …
Second Circuit to review Greece prayer case
By Denise M. Champagne
POSTED: September 13, 2011
Tags: Constitution, Establishment Clause, Greece, prayer, Second Circuit, town meetings
A town of Greece case involving prayer at public meetings is in the hands of the U.S. Court of Appeals for the Second Circuit. Oral arguments were heard Monday in New York City. Town residents Susan Galloway and Linda Stephens …
Second Circuit reinstates prison sex abuse suit
By Denise M. Champagne
POSTED: August 22, 2011
Tags: prison sex abuse, prisons, Second Circuit
A group of women who were sexually abused by male guards while serving time in the state’s prisons wants New York to change its policies to better protect female inmates.
Second Circuit case deals with sexual assault on inmates
By Kristy O'Malley
POSTED: August 19, 2011
Tags: inmates, Second Circuit, sexual assault, U.S Court of Appeals
A jury award granted to a woman who was raped by a deputy in the Erie County Holding Center will stand.
Second Circuit reverses course following High Court decision
By Denise M. Champagne
POSTED: August 12, 2011
Tags: 'Miranda' rights, decision, Gordon J. Plugh, Second Circuit, self-incrimination, U.S Court of Appeals, U.S. supreme court
A 2010 decision by the U.S. Supreme Court is behind a ruling change by the U.S. Court of Appeals for the Second Circuit in a case involving a defendant’s rights against self-incrimination. At issue is whether Gordon J. Plugh, 39, formerly of Rochester …
Second Circuit rejects Indian tax challenge
By Staff and Wire Reports
POSTED: May 9, 2011
Tags: Attorney General Eric Schneiderman, Indian cigarettes, New York State, Second Circuit, Seneca Indian Nation, tax
The U.S. Court of Appeals for the Second Circuit has lifted stays that blocked New York’s effort to collect taxes on cigarette sales by Indian-owned businesses to non-Indians. In a ruling Monday, the court ruled against Indian tribes …
Immigration: United States v. Perez-Frias
By Daily Record Staff
POSTED: April 1, 2011
Tags: Illegal Entry, immigration, Offense Level, Second Circuit, U.S Court of Appeals
U.S. Court of Appeals, Second Circuit
Immigration
Offense Level — Illegal Entry
United States v. Perez-Frias
10-1401-cr
Appealed from the Southern District of New York
Background: Defendant Pedro Ruben Perez-Frias pleaded guilty to one count of illegally reentering the United States without permission after having been deported following a conviction for the commission of an aggravated felony, in violation of 8 [...]
Jury Instructions: United States v. Quinones
By Daily Record Staff
POSTED: March 30, 2011
Tags: Conscious Avoidance, jury instructions, Second Circuit, U.S Court of Appeals
U.S. Court of Appeals, Second Circuit
Jury Instructions
Conscious Avoidance
United States v. Quinones
09-4361-cr
Appealed from the Eastern District of New York
Background: This appeal from judgments of the United States District Court for the Eastern District of New York entered on Oct. 15 and Nov. 23, 2009, following a jury trial, convicting Herman Quinones of distribution of controlled substances, [...]
Social Security: Bigler v. Astrue
By Daily Record Staff
POSTED: March 29, 2011
Tags: Disability, Second Circuit, Social Security, U.S Court of Appeals
U.S. Court of Appeals, Second Circuit
Social Security
Disability
Bigler v. Astrue
10-CV-6325
Judge Telesca
Background: Plaintiff Shawna Bigler brings this action pursuant to Title XVI of the Social Security Act, seeking review of the final decision of the commissioner of Social Security, denying her application for Supplemental Security Income. The plaintiff, a former housekeeper, fast food worker, and teacher’s aide, [...]
Due Process: Nnebe v. Daus
By Daily Record Staff
POSTED: March 28, 2011
Tags: due process, Occupational Licenses, Second Circuit, U.S Court of Appeals
U.S. Court of Appeals, Second Circuit
Due Process
Occupational Licenses — Post-Deprivation Hearing
Nnebe v. Daus
09-4305-cv
Appealed from the Southern District of New York
Background: The named plaintiffs in this putative class action, brought pursuant to 42 U.S.C. §1983, are the New York Taxi Workers Alliance and four New York City taxi drivers whose licenses to drive yellow cabs were [...]
Preliminary Injunctions: Cacchillo v. Insmed Inc.
By Daily Record Staff
POSTED: March 25, 2011
Tags: Preliminary Injunctions, Second Circuit, Standing, U.S Court of Appeals
U.S. Court of Appeals, Second Circuit
Preliminary Injunctions
Standing
Cacchillo v. Insmed Inc.
10-4630-cv
Appealed from the Northern District of New York
Background: Plaintiff Angeline Cacchillo appeals from an Oct. 22, 2010, order of the U.S. District Court for the Northern District of New York denying Cacchillo’s motion for a preliminary injunction for lack of standing. Cacchillo suffers from Type 1 [...]
