NY Daily Record Since 1908

United States Court of Appeals for the Second Circuit Defendant’s testimony Interested witnesses – Instructions to jury United States v. Jenkins 19-610-cr(L) Judges Kearse, Jacobs, and Nardini Background: The defendants were convicted of firearms, narcotics, and racketeering offenses. Two of ...

United States Court of Appeals for the Second Circuit Land-use dispute Ripeness – Final determination requirement Village Green at Sayville, LLC v. Town of Islip, et al. 19-3353-cv Judges Pooler, Chin, and Carney Background: The plaintiff commenced an action against ...

United States Court of Appeals for the Second Circuit Property attachment Proper legal standard – Extraordinary circumstances Iraq Telecom Ltd. V. IBL Bank S.A.L. 22-540-cv Judges Chin, Bianco, and Nardini Background: The district court had initially granted an ex parte ...

United States Court of Appeals for the Second Circuit Freedom of Information Act Exemption 4 Seife v. FDA, et al. 20-40072-cv Judges Chin, Lohier, and Robinson Background: The plaintiff-appellant is a science writer and journalism professor who sought records from ...

United States Court of Appeals for the Second Circuit Derivative suit Breach of express terms – Breach of implied covenant of good faith Miller v. Brightstar Asia Ltd. 21-2301 Judges Kearse, Sack, and Menashi Background: The plaintiff appealed from the ...

United States Court of Appeals for the Second Circuit Sarbanes-Oxley Act Whistleblower – Retaliatory intent Murray v. UBS Securities 20-4202-cv(L) Judges Park, Menashi, and Perez Background: The plaintiff alleged that the defendant fired him in retaliation for reporting alleged fraud ...

United States Court of Appeals for the Second Circuit Search warrants Good-faith exception United States v. Jones 20-3009 Judges Livingston, Chin, and Nardini Background: The defendant was indicted for producing child pornography. He moved to suppress evidence gathered from his ...

United States Court of Appeals for the Second Circuit Immigration Cancellation of removal – Moral turpitude – Scienter Jang v. Garland 19-4289-ag Judges Kearse and Carney Background: The petitioner is a native and citizen of South Korea who sought review ...

United States Court of Appeals for the Second Circuit Motion to dismiss Sua sponte conversion of documents – Notice Int’l Code Council v. UpCodes 21-826(L) Judges Walker, Sack, and Carney Background: A nonprofit organization that develops model building codes and ...

United States Court of Appeals for the Second Circuit First Amendment Permanent Injunction Picard v. Magliano 20-3161 Judges Newman, Lynch, and Park Background: The defendant appealed from a holding that section 2150.50(7) of the New York Penal Law, which prohibits ...

United States Court of Appeals for the Second Circuit Property tort claims Abstention doctrine – Mootness Mochary v. Bergstein 21-1972 Judges Jacobs, Pooler, and Wesley Background: The plaintiff appealed from the dismissal of his complaint asserting replevin, conversion, and statutory ...

United States Court of Appeals for the Second Circuit Trademark Similarity of product – Strength of mark RiseandShine Corporation v. PepsiCo Inc. 21-2786 Judges Leval, Chin, and Menashi Background: The defendant sold a canned energy drink under the mark “MTN ...