Second Circuit — ERISA — Standing: L.I. Head Start Child Dev. Servs. Inc. v. Econ. Opportunity Comm’n of Nassau County, et al.
U.S. Court of Appeals for the Second Circuit ERISA — Standing Derivative Claims L.I. Head Start Child Dev. Servs. Inc. v. Econ. Opportunity Comm’n of Nassau County, et al. 12-2082-cv Judges Calabresi, Lynch and Chin Background: In a prior lawsuit, a judgment was entered against Community Action Agencies Insurance Group, which was a welfare benefits [...]
U.S. Court of Appeals for the Second Circuit Standing Concrete and Particularized Interest Amidex Trading Corp. v. S.W.I.F.T. SCRL 09-3293-cv Judges Leval, B.D. Parker and Hall Background: The plaintiff was a New Jersey-based sole proprietorship that sold household cleaning products to customers throughout the world. The defendant provided electronic instructions on how to transfer money [...]
U.S. District Court, WDNY RICO RICO Case Statement — Standing Kapner v. Riverside Wine & Liquor, Inc. 09-cv-6565-CJS Judge Siragusa Background: The plaintiff, a former employee of the defendant, alleged that certain directors and managers had conducted illegal activities with respect to the importation of wine and liquor into the United States. The plaintiff, upon [...]
Appellate Division, Fourth Department Creditor/Debtor Action Standing — Business Records Unifund CCR Partners v. Youngman CA 11-00571 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking to recover reasonable attorneys’ fees and the balance owed on a credit card issued to the defendant. The plaintiff’s motion for summary judgment was granted [...]
Appellate Division, Fourth Department Standing Nonparty Intervenor Lyman Rice Inc v. Albion Mobile Homes Inc. et al. CA 11-00917 Appealed from Supreme Court, Orleans County Background: The plaintiff commenced an action for conversion and replevin after the defendants refused to allow the plaintiff to remove a manufactured home from the defendants’ manufactured home park without [...]
U.S. District Court, WDNY ‘Pro Se’ Standing Fitch v. Arnot Ogden Medical Center, et al. 11-cv-6284T Judge Telesca Background: The plaintiff sought to prevent the defendant from closing its kidney dialysis unit on the grounds that closing the unit would constitute a violation of federal antitrust law. The plaintiff alleged that the closure of [...]
The U.S. Supreme Court’s ruling that an individual convicted under a federal statute implementing an international treaty has standing to challenge the law on Tenth Amendment grounds could have a ripple effect in a host of future cases, from challenges to the federal health care law to drug litigation.
New York State Court of Appeals Suppression of Evidence Standing People v. Hunter No. 103 Memorandum Background: Following the trial court’s denial of the defendant’s request to suppress evidence from a warrantless search, the defendant was convicted for possession and sale of a controlled substance. On appeal, the appellate division affirmed the conviction on the [...]
U.S. Court of Appeals for the Second Circuit Private Interest Standing In re Attorney Disciplinary Appeal 10-90018-am Judges Cabranes, Sack and Wesley Background: The appellant was a plaintiff in a prior civil case and was seeking a review of the district court’s grievance committee that declined to take disciplinary action against the appellant’s former attorney. [...]
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 [...]
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 [...]
Supreme Court, Monroe County Mandamus Standing — Injury-in-Fact Matter of Amico v. Carballada Index No. 2011/1155 Judge Barry Background: The petitioners, which include the president of the Rochester Firefighters Association Local 1071, brought a combined Article 78 and declaratory judgment action against R. Carlos Carballada as acting mayor of Rochester and the Rochester City Council. [...]