Mandamus: Matter of Amico v. Carballada

Second Circuit — ERISA — Standing: L.I. Head Start Child Dev. Servs. Inc. v. Econ. Opportunity Comm’n of Nassau County, et al.

By Daily Record Staff
POSTED: March 15, 2013
Tags: ERISA, Standing, u.s. court of appeals for the second circuit

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 [...]

Second Circuit — Standing: Amidex Trading Corp. v. S.W.I.F.T. SCRL

By Daily Record Staff
POSTED: December 27, 2011
Tags: Concrete and Particularized Interest, Standing, u.s. court of appeals for the second circuit

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 [...]

WDNY — RICO: Kapner v. Riverside Wine & Liquor, Inc.

By Daily Record Staff
POSTED: December 23, 2011
Tags: RICO, RICO Case Statement, Standing, U.S. District Court, WDNY

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 [...]

Fourth Department – Creditor/Debtor Action: Unifund CCR Partners v. Youngman

By Daily Record Staff
POSTED: December 19, 2011
Tags: Appellate Division, Business Records, Creditor/Debtor Action, Fourth Department, Standing

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 [...]

Fourth Department — Standing: Lyman Rice Inc v. Albion Mobile Homes Inc. et al.

By Daily Record Staff
POSTED: December 12, 2011
Tags: Appellate Division, Fourth Department, Nonparty Intervenor, Standing

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 [...]

Fitch v. Arnot Ogden Medical Center, et al.

By Daily Record Staff
POSTED: September 20, 2011
Tags: Standing, U.S. District Court, WDNY, ‘Pro Se’

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 [...]

Court: Individuals can challenge federal law

By Dolan Media Newswires
POSTED: June 17, 2011
Tags: challenge, individuals, SCOTUS, Standing, Tenth Amendment, U.S. supreme court

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.

Suppression of Evidence: People v. Hunter

By Daily Record Staff
POSTED: June 10, 2011
Tags: New York State Court of Appeals, Standing, Suppression of Evidence

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 [...]

Private Interest: In re Attorney Disciplinary Appeal

By Daily Record Staff
POSTED: June 1, 2011
Tags: Private Interest, Standing, u.s. court of appeals for the second circuit

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. [...]

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: 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 [...]