NY Daily Record Since 1908

United States Court of Appeals for the Second Circuit Sentencing Consecutive mandatory minimum – Judicial discretion United States v. Brown 18-434-cr Judges Newman, Hall, and Chin Background: The defendant appealed from an aggregate sentence term of 39 years for firearms ...

United States Court of Appeals for the Second Circuit Subject matter jurisdiction Diversity jurisdiction – Amendments – Appellate level Van Buskirk v. The United Group of Companies 18-1469-cv Judges Calabresi, Lohier, and Sullivan Background: The plaintiffs appealed from the dismissal ...

United States Court of Appeals for the Second Circuit Sexual harassment Cat’s paw theory – Vicious liability Menaker v. Hofstra University 18-3099-cv Judges Cabranes, Hall, and Stanceu Background: The plaintiff appealed from the dismissal of his complaint for failing to ...

United States Court of Appeals for the Second Circuit Attorney’s fees Prevailing party – Partial success – Prior administrative proceedings Chabad Lubavitch of Litchfield v. Litchfield 18-1820-cv(L) Judges Newman, Hall, and Chin Background: The parties appealed the award of attorney’s ...

United States Court of Appeals for the Second Circuit Arbitration clause Supported by consideration Doctor’s Associates Inc. v. Alemayehu 18-1865-cv Judges Livingston, Lynch, and Sullivan Background: The plaintiff is the parent company of the Subway chain of restaurants. The defendant ...

United States Court of Appeals for the Second Circuit Attorneys’ fees Rule 68 offer – Fee application – Express terms of the offer Kayheem Lilly v. The City of New York, et al. 17-2823(L) Judges Walker, Leval, and Droney Background: ...

United States Court of Appeals for the Second Circuit Network Investigative Technique Warrant – Good faith application United States v. Eldred 17-3367-cr Judges Livingston, Chin, and Crotty Background: The defendant was indicted in 2016 for knowingly accessing child pornography. He ...

United States Court of Appeals for the Second Circuit Sex discrimination claims Causation and vicarious liability – Equal Protection Clause and Civil Rights Act distinction Naumovski v. Norris 18-1556-cv(L) Judges Winter, Cabranes, and Raggi Background: The defendants appealed from an ...

United States Court of Appeals for the Second Circuit United Nations bribery Meaning of Organization United States v. Ng Lap Seng 18-1725-cr Raggi, Hall, and Sullivan Background: The defendant appealed from his conviction of paying and conspiring to pay bribes ...

United States Court of Appeals for the Second Circuit Post-release supervision Due process – Administrative imposition Reyes v. Fischer 17-1970-cv Judges Hall, Carney, and Koeltl Background: The defendants appealed from an order that found that they had violated the plaintiff’s ...

United States Court of Appeals for the Second Circuit Trademark infringement Gross profits – Willful infringement – Actual consumer confusion 4 Pillar Dynasty LLC v. New York & Co. Inc. 17-2398(L) Judges Lynch, Carney, and Droney Background: The defendants appealed ...

Tagged with: 10-2-19

United States Court of Appeals for the Second Circuit Collective bargaining agreement Vested benefits – Expiration of coverage Kelly v. Honeywell International Inc. 17-675(L) Judges Cabranes, Pooler, and Droney Background: The defendant appealed from summary judgment to union retirees and ...

Tagged with: 10-2-19