Ruling ends confusion for securities attorneys 
By Dolan Media Newswires
POSTED: April 30, 2012
Tags: Absolute Activist, MOrrison, SEC, Second Circuit, securities
Local securities lawyers say a Second Circuit ruling defines for the first time the meaning of “domestic transaction” under a test laid out by the U.S. Supreme Court in its landmark 2010 decision, Morrison, et al. v. National Australia Bank Ltd., et al. In Absolute Activist Value Master Fund Ltd., et al. v. Ficeto, et [...]
Second Circuit reinstates case against YouTube
By The Associated Press
POSTED: April 5, 2012
Tags: copyright case, Second Circuit, YouTube
NEW YORK — The U.S. Court of Appeals for the Second Circuit reinstated a copyright case against YouTube on Thursday, finding that a jury could conclude that the online video service knew it was infringing rights when it allowed the distribution of videos of popular television shows and other programs. The court decided the case [...]
Wall Street Journal reporter shielded by privilege
By Dolan Media Newswires
POSTED: February 17, 2012
Tags: privilege, reporter, Second Circuit, subpoena, Wall Street Journal
The U.S. Court of Appeals for the Second Circuit decided last week that a former Wall Street Journal reporter couldn’t be compelled to testify in a business lawsuit, recognizing that even permitting questioning on a non-privileged matter would open the door to delving into privileged material on cross-examination. The decision affirmed a federal judge’s order [...]
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 [...]
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 [...]
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 [...]
