Depraved Indifference: Mannix v. Phillips 
By Daily Record Staff
POSTED: August 31, 2010
Tags: depraved indifference, Second Circuit, U.S. Court of Appeals, void-for-vagueness doctrine
U.S. Court of Appeals, Second Circuit
Depraved Indifference
Void-for-Vagueness Doctrine
Mannix v. Phillips
07-0664-pr
Appealed from the Southern District of New York
Background: Petitioners John Mannix and Jermaine Archer, appealing from respective judgments of the Eastern and Southern Districts of New York, contend that, at the time each of their convictions became final, New York’s depraved indifference murder statute, N.Y. Penal [...]
Actions Against U.S.: Kurzberg v. Ashcroft
By Daily Record Staff
POSTED: August 31, 2010
Tags: actions against U.S., Second Circuit, service of process, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
Actions Against U.S.
Service of Process
Kurzberg v. Ashcroft
07-0542-cv
Appealed from the Eastern District of New York
Background: The appeal is from the dismissal for failure to serve process on the United States of an action brought under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). [...]
ERISA: Bell v. Pfizer Inc.
By Daily Record Staff
POSTED: August 31, 2010
Tags: ERISA, Second Circuit, stock options, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
ERISA
Stock Options
Bell v. Pfizer Inc.
07-5390-cv
Appealed from the Southern District of New York
Background: Diana Bell, M.D., appeals from a bench trial verdict that found the appellees did not breach any fiduciary duties owed to her under the Employee Retirement Income Security Act of 1974. On May 31, 2003, Bell terminated her [...]
No-Fault Law: Luo v. Mikel
By Daily Record Staff
POSTED: August 31, 2010
Tags: Federal Jurisdiction, no-fault law, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
No-Fault Law
Federal Jurisdiction
Luo v. Mikel
09-2538-cr
Appealed from the Eastern District of New York
Background: Luo was involved in a motor vehicle accident on April 9, 2008 with defendant Steven Eugene Mikel, who was driving a Peterbilt truck owned by defendant St. Michael Motor Express Inc. The plaintiff commenced her lawsuit in New [...]
Fines and Forfeitures: U.S. v. Pfaff
By Daily Record Staff
POSTED: August 30, 2010
Tags: fines and forfeitures, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
Fines and Forfeitures
U.S. v. Pfaff
09-1702-cr
Appealed from the Southern District of New York
Background: The appeals are from judgments of conviction and a sentence entered in the U.S. District Court for the Southern District of New York following a 10-week jury trial. The central issue is whether the district court plainly erred [...]
Bankruptcy: In Re Shayna H. Zarnel
By Daily Record Staff
POSTED: August 27, 2010
Tags: Bankruptcy, credit counseling requirements, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
Bankruptcy
Credit Counseling Requirements
In Re Shayna H. Zarnel
07-0090-bk
Appealed from the Southern District of New York
Background: On appeal from a judgment of the District Court, the petitioning United States Trustee argues that she has standing to appeal bankruptcy court orders striking the bankruptcy petitions of respondents-appellees and that, under the strictures of [...]
Subject Matter Jurisdiction: Southern New England Telephone Company v. Global Naps, Inc.
By Daily Record Staff
POSTED: August 27, 2010
Tags: sanctions, Second Circuit, subject matter jurisdiction, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
Subject Matter Jurisdiction
Sanctions
Southern New England Telephone Company v. Global Naps, Inc.
08-4518-cv
Appealed from the District of Connecticut
Background: This decision presents an appeal from a grant of summary judgment of the U.S. District Court for the District of Connecticut in favor of plaintiff-appellee Southern New England Telephone Co. on its claim against [...]
Sale of Good Will: Bessemer Trust Company, N.A. v. Branin
By Daily Record Staff
POSTED: August 26, 2010
Tags: interference with former clients, sale of good will, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
Sale of Good Will
Interference with Former Clients
Bessemer Trust Company, N.A. v. Branin
08-2462-cv
Appealed from the Southern District of New York
Background: This is an appeal and cross-appeal from the district court’s judgment. That court made three rulings relevant to this appeal. First, it found the defendant liable to the plaintiff for improper [...]
Federal Statutes: Holster v. Gatco, Inc.
By Daily Record Staff
POSTED: August 26, 2010
Tags: federal statutes, jurisdiction, Second Circuit, state discretion, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
Federal Statutes
State Discretion — Jurisdiction
Holster v. Gatco, Inc.
07-2191-cv
On remand from the Supreme Court
Background: This case is before us on remand from the Supreme Court, which granted certiorari, vacated our prior decision that had affirmed the district court, and remanded the case to us for reconsideration in light of the Supreme Court’s [...]
Attorney Ethics: GSI Commerce Solutions Inc. v. Babycenter LLC
By Daily Record Staff
POSTED: August 19, 2010
Tags: Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
Attorney Ethics
Concurrent Representation — Corporate Entities
GSI Commerce Solutions Inc. v. Babycenter LLC
09-2790-cv
Appealed from the Southern District of New York
Background: GSI Commerce Solutions Inc. appeals from a district court order granting a motion by BabyCenter, LLC, a wholly owned subsidiary of Johnson & Johnson Inc. to disqualify Blank Rome LLP as [...]
