NY Daily Record Since 1908

United States Court of Appeals for the Second Circuit Trademark infringement Trade dress – Mixing tips – Functional use Sulzer Mixpac AG v. A&N Trading Co., et al. 19-2951 Judges Jacobs, Pooler, and Bianco Background: The defendants appealed from the ...

United States Court of Appeals for the Second Circuit First Step Act Eligibility – Resentencing pursuant to Fair Sentencing Act United States v. Burden 20-1059 Judges Walker, Katzmann, and Lohier Background: The defendant appealed from the denial of his motion ...

United States Court of Appeals for the Second Circuit Material misrepresentations Vague assertions – Particularized allegations – Factual assertions In re: Synchorny Financial Securities Litigation 20-1352 Judges Jacobs, Pooler, and Bianco Background: The plaintiffs appealed from the dismissal of their ...

United States Court of Appeals for the Second Circuit Convention Against Torture Solitary confinement – Torture definition Gallina v. Wilkinson 17-4058 Judges Walker, Pooler, and Lynch Background: The petitioner appealed from a decision of a Board of Immigrations Appeals that ...

United States Court of Appeals for the Second Circuit New York State 2020 new-party qualifications Preliminary injunction – State’s interests SAM Party of N.Y. v. Kosinski 20-3047-cv Judges Sack, Park, and Menashi Background: The appellants appealed from an order denying ...

United States Court of Appeals for the Second Circuit Statute of limitations Federal claims and equitable claims Conn. Gen. Life Ins. Co. v. BioHealth Labs. Inc. 20-2312-cv Judges Jacobs, Sullivan, and Brown Background: The plaintiffs sued several laboratory testing companies, ...

United States Court of Appeals for the Second Circuit Motion to set aside verdict Timeliness – Newly discovered fact – Development in case law McCloud v. United States of America 19-4184-pr Judges Walker, Raggi, and Nardini Background: The petitioner appealed ...

United States Court of Appeals for the Second Circuit Release agreements Disputed material facts – Terms of the agreements Electra v. 59 Murray Enterprise Inc. 19-235-cv Judges Kearse, Calabresi, and Pooler Background: The plaintiffs appealed from the grant of summary ...

United States Court of Appeals for the Second Circuit Commerce Clause Cigarette sales – Excise taxes and reporting requirements Grand River Enterprises v. Boughton 20-1044-cv Judges Lohier, Walker, and Stanceu Background: The plaintiff appealed from the dismissal of its claim ...

United States Court of Appeals for the Second Circuit FOIA — Agency’s affirmative obligation to disclose – Unpublished opinions New York Legal Assistance Group v. Board of Immigration Appeals 19-3248-cv Judges Jacobs, Lynch, and Park Background: The plaintiff seeks access ...

United States Court of Appeals for the Second Circuit Eighth Amendment Satisfaction of judgment – State action – Preemption Williams v. Marinelli 18-1263 Judges Leval, Carney, and Stanceu Background: The defendant, a former corrections officer, appealed from post-judgment rulings concluding ...

United States Court of Appeals for the Second Circuit Brady material Raised on appeal – Remand for consideration United States v. Stillwell, Stamia, Hunter 18-3074-cr(L) Judges Cabranes, Raggi, and Korman Background: The defendants appealed from their convictions for murder-for-hire and ...