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, [...]
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 [...]
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 [...]
Arbitration: Bechtel Do Brasil Construções Ltda. v. UEG Araucária Ltda.
By Daily Record Staff
POSTED: March 23, 2011
Tags: Ambiguity of Arbitration Agreement, Arbitration, Second Circuit, Timeliness of Action, U.S Court of Appeals
U.S. Court of Appeals, Second Circuit Arbitration Timeliness of Action — Ambiguity of Arbitration Agreement Bechtel Do Brasil Construções Ltda. v. UEG Araucária Ltda. 10-0341-cv Appealed from the Southern District of New York Background: In 2000, UEG Araucária Ltda., a Brazilian entity, entered into a series of contracts with Bechtel Do Brasil Construções Ltda., Bechtel [...]
Professional Conduct: In Re Paul E. Warburgh
By Daily Record Staff
POSTED: March 23, 2011
Tags: professional conduct, Resignation from Court’s Bar, Second Circuit, U.S Court of Appeals
U.S. Court of Appeals, Second Circuit Professional Conduct Resignation from Court’s Bar In Re Paul E. Warburgh 07-9056-am Background: By order led in September 2007, the Second Circuit referred attorney Warburgh to the professional conduct committee for investigation of the matters described in that order and preparation of a report on whether he should be [...]
Standing: Amnesty International USA v. Clapper
By Daily Record Staff
POSTED: March 23, 2011
Tags: FISA, Second Circuit, Standing, U.S Court of Appeals
U.S. Court of Appeals, Second Circuit Standing FISA Amnesty International USA v. Clapper 09-4112-cv Appealed from the Southern District of New York Background: Appellants, attorneys, journalists, and labor, legal, media and human rights organizations facially challenged the constitutionality of Section 702 of the Foreign Intelligence Surveillance Act of 1978, 50 U.S.C. §1881a, which was added [...]
Treaties: Republic of Ecuador v. Chevron
By Daily Record Staff
POSTED: March 21, 2011
Tags: Arbitration, estoppel, Second Circuit, Treaties, U.S Court of Appeals
U.S. Court of Appeals, Second Circuit Treaties Arbitration — Estoppel Republic of Ecuador v. Chevron 10-1020-cv Appealed from the Southern District of New York Background: The Republic of Ecuador and a group of Ecuadorian citizens appeal from the district court’s denial of their motions to stay arbitration between Chevron Corporation and Ecuador. On appeal, Ecuador [...]
Sentencing: United States v. Buissereth
By Daily Record Staff
POSTED: March 21, 2011
Tags: Second Circuit, sentencing, U.S Court of Appeals, waiver of appeal
U.S. Court of Appeals, Second Circuit Sentencing Waiver of Appeal United States v. Buissereth 09-5358-cr Appealed from the Eastern District of New York Background: Pierre Buissereth appeals from a Nov. 9, 2009 judgment of conviction entered in the district court. Buissereth was sentenced principally to 100 months of imprisonment after pleading guilty to one count [...]
Consumer Protection: Bodansky v. Fifth on the Park Condo LLC
By Daily Record Staff
POSTED: March 21, 2011
Tags: consumer protection, Interstate Land Sales, Second Circuit, U.S Court of Appeals
U.S. Court of Appeals, Second Circuit Consumer Protection Interstate Land Sales Bodansky v. Fifth on the Park Condo LLC 10-0720-cv Appealed from the Southern District of New York Background: This case requires the court to determine the extent to which a federal consumer protection law, the Interstate Land Sales Full Disclosure Act, protects individual buyers [...]
Federal Preemption: New York & Atlantic Railway Co. v. Surface Transportation Board
By Daily Record Staff
POSTED: March 21, 2011
Tags: federal preemption, Second Circuit, Surface Transportation, U.S Court of Appeals
U.S. Court of Appeals, Second Circuit Federal Preemption Surface Transportation New York & Atlantic Railway Co. v. Surface Transportation Board 10-1490-ag Appealed from the Surface Transportation Board Background: This case before the Second Circuit delineates the power of the Surface Transportation Board to decide what the extent to which the construction and operation of transloading [...]
Conspiracy: United States v. Desnoyers
By Daily Record Staff
POSTED: March 16, 2011
Tags: conspiracy, Factual Insufficiency, Legal Insufficiency, Second Circuit, U.S Court of Appeals
U.S. Court of Appeals, Second Circuit Conspiracy Factual Insufficiency — Legal Insufficiency United States v. Desnoyers 10-0447-cr Appealed from the Northern District of New York Background: A jury convicted appellee Mark Desnoyers on multiple counts, including one count of conspiracy to violate the Clean Air Act and to commit mail fraud in violation of 18 [...]
Sentencing: United States v. Potes-Castillo
By Daily Record Staff
POSTED: March 16, 2011
Tags: Knowledge or Intent Element, Nature of Prior Offense, Second Circuit, sentencing, U.S Court of Appeals
U.S. Court of Appeals, Second Circuit Sentencing Nature of Prior Offense — Knowledge or Intent Element United States v. Potes-Castillo 07-5518-cr Appealed from the Southern District of New York Background: This appeal raises the question whether a conviction for driving while ability impaired in violation of New York law must categorically be counted when calculating [...]
