NY Daily Record Since 1908

United States Court of Appeals for the Second Circuit Disability accommodation Job applicant – Otherwise qualified Williams v. MTA Bus Co. 20-2985 Judges Cabranes, Raggi, and Carney Background: At issue is an employer’s obligation to provide accommodations to a job ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child custody Lincoln hearing – Parent’s past criminal history Brady J.S. v. Darla A. B. CAF 21-00093 Appealed from Family Court, Monroe County Background: The petitioner father filed a petition ...

United States Court of Appeals for the Second Circuit Arbitration Judicial conflict – Vacatur – Pre-judgment interest ExxonMobil Oil Corp. v. TIG Insurance Co. 20-1946(L) Judges Walker, Nardini, and Menashi Background: The defendant appealed from a judgment alleging that the ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Dangerous mental disorder Re-confinement – Post-release behavior NYS Office of Mental Health v. John P. CA 21-00912 Appealed from Supreme Court, Monroe County Background: The respondent appealed from an order ...

United States Court of Appeals for the Second Circuit Terrorism Risk Insurance Act Writ of execution – Instrumentality or agent procedures Levinson, et al. v. Kuwait Finance House (Malaysia) Berhad 21-2043 Judges Parker, Park, and Robinson Background: The plaintiffs hold ...

United States Court of Appeals for the Second Circuit Ineffective assistance of counsel Miranda statements – Deficient performance United States v. Sainfil 20-778 Judges Kearse, Jacobs, and Nardini Background: The defendant was convicted of armed robbery and brandishing a firearm ...

United States Court of Appeals for the Second Circuit Foreign Corrupt Practices Act Employee-Employer relationship – Agency United States v. Hoskins 20-842-cr(L) Judges Newman, Pooler, and Lohier Background: The government appealed from a judgment of acquittal following the defendant’s conviction ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Res ipsa loquitur Exclusive control McGirr v. Shifflet CA 21-00451 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries he sustained when, while ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Labor Law Regulatory violations – Summary judgment Marino v. Manning Squires Hennig Co. CA 21-00072 Appealed from Supreme Court, Erie County Background: The plaintiff was injured when the forklift that ...

United States Court of Appeals for the Second Circuit Federal preemption State tort claims – Adequate warnings to regulators Glover v. Bausch & Lomb, Inc. 20-1156-cv Judges Lynch and Nardini Background: The plaintiffs appealed from a judgment dismissing their claims ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Intent to sell narcotics Accomplice People v. Lewis KA 19-01122 Appealed from Ontario County Court Background: The defendant appealed from his conviction of criminal possession of a controlled substance. He ...

United States Court of Appeals for the Second Circuit Grand jury Compelling the Attorney General – Disclosure Lawyers’ Committee v. Garland 21-1338-cv Judges Walker, Sullivan, and Lee Background: The plaintiffs presented a petition to the U.S. Attorney’s Office that contained ...