Immigration: Wong v. Holder 
By Daily Record Staff
POSTED: February 3, 2011
Tags: Convention Against Torture, immigration, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
Immigration
Convention Against Torture
Wong v. Holder
08-5328-ag
Appealed from the Board of Immigration Appeals
Background: Chinese nationals Mei Fun Wong and her son Ling Go petition for review of an Oct. 6, 2008 decision of the Board of Immigration Appeals upholding a March 1, 2002 order by Immigration Judge William F. Jankun, directing petitioners’ [...]
Fourth Amendment: United States v. Hassock
By Daily Record Staff
POSTED: February 2, 2011
Tags: Fourth Amendment, Scope of Protective Sweep, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
Fourth Amendment
Scope of Protective Sweep
United States v. Hassock
09-5193-cr
Appealed from the Southern District of New York
Background: The government appeals from an order in the district court suppressing as evidence a handgun allegedly belonging to defendant-appellee Eric Hassock, a/k/a David St. Walton, a/k/a Basil LNU. The government proposed to enter the firearm [...]
Immigration: Oouch v. Department of Homeland Security
By Daily Record Staff
POSTED: February 2, 2011
Tags: aggravated felony, immigration, removal, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
Immigration
Removal — Aggravated Felony
Oouch v. Department of Homeland Security
09-4834-ag
Appealed from the Board of Immigration Appeals
Background: Petitioner seeks review of an Oct. 23, 2009 decision of the Board of Immigration Appeals, dismissing his appeal from a decision of an immigration judge deeming him removable as an aggravated felon under 8 U.S.C. [...]
False Arrest: Caceres v. The Port Authority of New York and New Jersey
By Daily Record Staff
POSTED: February 2, 2011
Tags: false arrest, Second Circuit, statute of limitations, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
False Arrest
Statute of Limitations
Caceres v. The Port Authority of New York and New Jersey
09-3064-cv
Appealed from the Southern District of New York
Background: The Port Authority of New York and New Jersey detained plaintiff Caceres for two days on a warrant erroneously attributed to him. A jury assessed false-arrest damages at $10,000, [...]
Criminal Jurisdiction: Carvajal v. Holder
By Daily Record Staff
POSTED: January 28, 2011
Tags: Criminal Jurisdiction, Location of Offense, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
Criminal Jurisdiction
Location of Offense
Carvajal v. Holder
09-0826-pr
Appealed from the Southern District of New York
Background: This appeal is from the denial of an application for a writ of habeas corpus in the U.S. District Court for the Southern District of New York. Alvaro Carvajal, a New York state prisoner, argues that his [...]
Immigration: Galluzzo v. Holder
By Daily Record Staff
POSTED: January 28, 2011
Tags: due process, hearing, immigration, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
Immigration
Hearing — Due Process
Galluzzo v. Holder
08-6036-ag
Appealed from the Southern District of New York
Background: This case presents a petition for review of an Oct. 1, 2008 removal order issued by U.S. Immigration and Customs Enforcement and appeal from an order of the U.S. District Court for the Southern District of New [...]
Insurance: 10 Ellicott Square Court Corp. v. Mountain Valley Indemnity Co.
By Daily Record Staff
POSTED: January 28, 2011
Tags: Execution of Contract, Insurance, Second Circuit, U.S. Court of Appeals, Umbrella Policy
U.S. Court of Appeals, Second Circuit
Insurance
Execution of Contract — Umbrella Policy
10 Ellicott Square Court Corp. v. Mountain Valley Indemnity Co.
10-0799-cv
Appealed from the Western District of New York
Background: The defendant appealed from an award of summary judgment entered in the U.S. District Court for the Western District of New York in favor of plaintiffs on their [...]
Sexual Harassment: Papelino v. Albany College of Pharmacy of Union University
By Daily Record Staff
POSTED: January 28, 2011
Tags: Education, Second Circuit, sexual harassment, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
Sexual Harassment
Education
Papelino v. Albany College of Pharmacy of Union University
09-4248-cv
Appealed from the Northern District of New York
Background: This appeal is from an order that dismissed the plaintiffs-appellants’ sexual harassment and retaliation claims under Title IX of the Education Amendments of 1972 and breach of contract and tort claims under state [...]
Copyright: Kwan v. Schlein
By Daily Record Staff
POSTED: January 28, 2011
Tags: copyright, Second Circuit, statute of limitations, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
Copyright
Statute of Limitations
Kwan v. Schlein
09-5202-cv
Appealed from the Southern District of New York
Background: This appeal is from two orders, one of which granted summary judgment on appellant’s claim for copyright infringement on the ground that the claim was time-barred. The other, entered on Nov. 23, 2009, dismissed without prejudice the appellees’ [...]
Bail: United States v. English
By Daily Record Staff
POSTED: January 21, 2011
Tags: bail, danger to community, Flight Risk, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
Bail
Danger to Community — Flight Risk
United States v. English
10-3258-cr
Appealed from the Southern District of New York
Background: This appeal is from an order denying defendants’ motions for bail pending trial, and ordering their pretrial detention pursuant to 18 U.S.C. §3142 on grounds of risk of flight and danger to the community. [...]
Abstention: In Re Parmalat Securities Litigation
By Daily Record Staff
POSTED: January 20, 2011
Tags: Abstention, Second Circuit, Timely Adjudication, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
Abstention
Timely Adjudication
In Re Parmalat Securities Litigation
09-4302-cv
Appealed from the Southern District of New York
Background: Plaintiff Parmalat Capital Finance Limited and plaintiff-counter-defendant Dr. Enrico Bondi commenced these actions to recover damages that they contend are owed to them pursuant to Illinois state law. In this appeal, the appellants challenge orders of the [...]
Discovery: Chevron Corporation v. Berlinger
By Daily Record Staff
POSTED: January 19, 2011
Tags: discovery, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit
Discovery
Chevron Corporation v. Berlinger
10-1918-cv
Appealed from the Southern District of New York
Background: This is an appeal in a proceeding under 28 U.S.C. §1782 from an order of the U.S. District Court for the Southern District of New York compelling disclosure for use in a suit in a foreign tribunal. The respondents, [...]
