Constitutional Torts: Matson v. Board of Education 
By Daily Record Staff
POSTED: January 13, 2011
Tags: constitutional torts, Matson v. Board of Education, Medical Privacy, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit Constitutional Torts Medical Privacy Matson v. Board of Education 09-3773-cv Appealed from the Southern District of New York Background: In this action, Matson alleges that the BOE had publicly disclosed that she suffers from fibromyalgia, in violation of her constitutional right to privacy. The disclosure occurred when, in connection [...]
‘Habeas Corpus’: Langston v. Smith
By Daily Record Staff
POSTED: January 11, 2011
Tags: Habeas Corpus, insufficient evidence, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit ‘Habeas Corpus’ Insufficient Evidence Langston v. Smith 10-3045-pr Appealed from the Eastern District of New York Background: Petitioner-appellee Kevin Langston sought habeas relief in the U.S. District Court for the Eastern District of New York following the state appellate court’s affirmance of his conviction for felony assault and second-degree [...]
Sentencing: United States v. Brown
By Daily Record Staff
POSTED: January 7, 2011
Tags: Predicate Felony Convictions, Second Circuit, sentencing, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit Sentencing Predicate Felony Convictions United States v. Brown 09-4991-cr Appealed from the District of Connecticut Background: Defendant Mozzelle Brown appeals from a Nov. 24, 2009 judgment of conviction entered by the U.S. District Court for the District of Connecticut following Brown’s plea of guilty to being a felon in [...]
Foreign Sovereignties: United States v. Bengis
By Daily Record Staff
POSTED: January 6, 2011
Tags: Foreign Sovereignties, Illegal Harvesting, Property Interests, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit Foreign Sovereignties Property Interests — Illegal Harvesting United States v. Bengis 07-4895-cv Appealed from the Southern District of New York Background: The United States of America appeals from two orders of the United States District Court for the Southern District of New York denying its applications for a restitution [...]
First Amendment: Anemone v. Metropolitan Transportation Authority
By Daily Record Staff
POSTED: January 5, 2011
Tags: First Amendment, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit First Amendment Anemone v. Metropolitan Transportation Authority 08-2646-cv Appealed from the Southern District of New York Background: Plaintiff-appellant Louis Anemone, the former Director of Security and Deputy Executive Director for the Metropolitan Transportation Authority, alleges that the MTA and the individual defendants in this case, took a series of [...]
State Secrets Privilege: United States v. Abu-Jihaad
By Daily Record Staff
POSTED: December 28, 2010
Tags: FISA Warrants, Right to Discovery, Second Circuit, State Secrets Privilege, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit State Secrets Privilege FISA Warrants — Right to Discovery United States v. Abu-Jihaad 10-453-cv Appealed from the District of Connecticut Background: The defendant appeals from a judgment of conviction entered after a jury trial at which he was found guilty of communicating national defense information respecting the movements of [...]
‘Habeas Corpus’: Jenkins v. Greene
By Daily Record Staff
POSTED: December 28, 2010
Tags: Habeas Corpus, Limitations Period, Second Circuit, Tolling, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit ‘Habeas Corpus’ Limitations Period — Tolling Jenkins v. Greene 09-3623-pr Appealed from the Southern District of New York Background: The appellant was sentenced after trial to two consecutive 25-year prison terms. He argues that he received ineffective assistance of counsel, in that his trial counsel failed to inform him [...]
Appellate Jurisdiction: Houbigant v. IMG Fragrance
By Daily Record Staff
POSTED: December 22, 2010
Tags: appellate jurisdiction, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit Appellate Jurisdiction Houbigant v. IMG Fragrance 10-361-cv Appealed from the Southern District of New York Background: This appeal is from an order dismissing one of two consolidated cases, the other of which is still pending before the district court. Although one of the two consolidated cases is still [...]
Job Discrimination: Sayed v. Hilton Hotels Corporation
By Daily Record Staff
POSTED: December 22, 2010
Tags: Coworker Comments, job discrimination, religion, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit Job Discrimination Religion — Coworker Comments Sayed v. Hilton Hotels Corporation 10-453-cv Appealed from the Southern District of New York Background: This appeal is from an order of the district court granting summary judgment to defendant-appellees, inter alia, on appellant’s Title VII retaliation claim. The district court concluded [...]
Punitive Damages: Thomas v. iStar Financial Inc.
By Daily Record Staff
POSTED: December 22, 2010
Tags: Punitive Damages, Reduction at Request of Plaintiff, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit Punitive Damages Reduction at Request of Plaintiff Thomas v. iStar Financial Inc. 07-5327-cv Appealed from the Southern District of New York Background: Kenneth J. Thomas appeals from orders of the U.S. District Court for the Southern District of New York granting his and defendants iStar Financial Inc. and [...]
Sentencing: United States v. Thomas
By Daily Record Staff
POSTED: December 22, 2010
Tags: Second Circuit, sentencing, Stolen Firearms, Strict Liability, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit Sentencing Stolen Firearms — Strict Liability United States v. Thomas 09-4335-cr Appealed from the Southern District of New York Background: The defendant appeals from a judgment of the U.S. District Court for the Southern District of New York sentencing him principally to fifty-seven months in prison following his [...]
Immigration: Varughese v. Holder
By Daily Record Staff
POSTED: December 17, 2010
Tags: Aggravated Felonies, immigration, Money Laundering, Second Circuit, U.S. Court of Appeals
U.S. Court of Appeals, Second Circuit Immigration Aggravated Felonies — Money Laundering Varughese v. Holder 10-467-ag Appealed from the Board of Immigration Appeals Background: This case presents a petition for review of a final order of removal issued by the Board of Immigration Appeals, which affirmed the decision of the immigration judge finding the petitioner [...]
