NY Daily Record Since 1908

United States Court of Appeals for the Second Circuit Foreclosure New York State pre-foreclosure filing requirements CIT Bank N.A. v. Schiffman 18-3287 Judges Katzmann, Lynch, and Kaplan Background: The defendants appealed from the adopting the report and recommendation of a ...

United States Court of Appeals for the Second Circuit Asylum Social group – Political opinion – Violence against women Hernandez-Chacon v. Barr 17-3903-ag Judges Wesley, Chin, and Bianco Background: The petitioner appealed from the dismissal of her appeal from an ...

United States Court of Appeals for the Second Circuit Willful or wanton conduct Assumption of liability – Excessive force Edwards v. Hartford 17-3150 Judges Wesley, Chin, and Sullivan Background: The appeal arises from a judgment in favor of the plaintiff ...

United States Court of Appeals for the Second Circuit Immigration Aggravated felony – Child pornography – Waiver of inadmissibility – Jurisdiction Quito v. Barr 18-996 Judges Wesley, Livingston, and Bianco Background: The petitioner is a native and citizen of Ecuador. ...

United States Court of Appeals for the Second Circuit Fair Labor Standards Act Professional exception – Advanced knowledge test – Primary duty test Isett v. Aetna Life Insurance Co. 18-3271-cv Judges Cabranes, Raggi, and Korman Background: The plaintiff appealed from ...

New York State Bar Association Committee on Judicial Ethics Disposal of wills Testators’ locations unknown Ethics Opinion 1182 Background: The inquiring lawyer is in possession of over 500 wills where the testators’ whereabouts are unknown to the inquirer and/or cannot ...

United States Court of Appeals for the Second Circuit ERISA Interest rate assumptions – Withdrawal liability The National Retirement Fund, et al. v. Metz Culinary Management Inc. 17-1211-cv Judges Winter, Livingston, and Chin Background: At issue is an arbitration award. ...

United States Court of Appeals for the Second Circuit Appellate authority Related sentencing issues – Remand United States v. Anderson 18-1839-cr Judges Jacobs, Sack, and Hall Background: The defendant was sentenced to 10 years for a federal drug offence. The ...

United States Court of Appeals for the Second Circuit Social Security Probationary period – Relevance to disability status Sczepanski v. Saul 19-185 Judges Katzmann, Calabresi, and Lohier Background: The plaintiff appealed from a judgment affirming the Commissioner of Social Security’s ...

New York State Bar Association Committee on Professional Ethics Contingency fees Disbursements – Interest on reimbursement Ethics Opinion 1181 Background: The inquiring attorney’s practice includes matters done on a contingency fee basis. Some recent changes in contingency fee cases have ...

United States Court of Appeals for the Second Circuit Foreign Sovereign Immunities Act State sponsor of terrorism exception – Default judgments – Jurisdiction Vera v. Banco Bilbao Vizcaya Argentaria, S.A. 18-2345 Judges Cabranes, Lynch, and Carney Background: The respondent appealed ...

United States Court of Appeals for the Second Circuit Wire fraud and securities fraud Government information – Title 18 securities fraud – Personal-benefit test United States v. Blaszczak 18-2811(L) Judges Kearse, Droney, and Sullivan Background: The defendants appealed from their ...