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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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, [...]
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 [...]
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, [...]
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 [...]
