NY Daily Record Since 1908

United States Court of Appeals for the Second Circuit Civil RICO Extraterritoriality – Mail or wires core component Bascunan v. Elsaca 18-2731 Judges Wesley, Livingston, and Brodie Background: At issue in the underlying civil RICO case is whether extraterritoriality issues ...

United States Court of Appeals for the Second Circuit Equal Protection Clause Pleading standards – Similarity Hu v. City of New York 18-737-cv Judges Jacobs, Lynch, and Hall Background: The plaintiffs are an Asian construction worker and Asian-owned companies. They ...

United States Court of Appeals for the Second Circuit Improper tax collection Proper forum – Failure to state a claim Guterman v. Costco Wholesale Corp. 18-3184 Judges Livingston, Lynch, and Sullivan Background: The plaintiff appealed from an order that dismissed ...

United States Court of Appeals for the Second Circuit Immigration Law Asylum – Late filing – Changed circumstances Yan Yang v. Barr 16-3478-ag Judges Pooler, Wesley, and Lohier Background: The petitioner appeals from a decision by the Board of Immigration ...

United States Court of Appeals for the Second Circuit Anti-Terrorism Clarification Act Personal jurisdiction – Recall of mandate Sokolow v. Palestine Liberation Organization 15-3135(L) Judges Leval, Droney, and Koeltl Background: The plaintiffs moved to recall the mandate issued after the ...

United States Court of Appeals for the Second Circuit Freedom of Information Act Exemption 5 – Adopts or incorporates requested documents American Civil Liberties Union v. National Security Agency 17-3399-cv Judges Cabranes, Livingston, and Schofield Background: The plaintiffs requested documents ...

United States Court of Appeals for the Second Circuit Marijuana classification Exhaustion of remedies – Agencies dilatory tactics Washington, et al. v. Barr, et al. 18-859-cv Judges Jacobs, Calabresi, and Rakoff Background: The plaintiffs’ appealed from the dismissal, with prejudice, ...

United States Court of Appeals for the Second Circuit Fair Credit Reporting Act Consumer reporting agency – Background check Kidd v. Thomson Reuters Corp. 17-3550 Judges Calabresi, Droney, and Underhill Background: The plaintiff was the subject of a background check ...

United States Court of Appeals for the Second Circuit Social Security Disability benefits Treating physician – Controlling weight – Procedural error Estrella v. Berryhill 17-3247-cv Judges Wesley, Chin, and Kaplan Background: The plaintiff appealed from the denial of her application ...

United States Court of Appeals for the Second Circuit Immigration detainees Discharge plans – In-custody deprivation of care Charles v. Orange County 17-3506-pr Judges Lynch, Hall, and Bolden Background: The plaintiffs are former civil immigration detainees at the Orange County ...

United States Court of Appeals for the Second Circuit Attorney’s fees Class action – Common-fund doctrine – Percentage from lodestar Fresno City Employees Retirement Assoc. v. Isaacson/Weaver Family Trust 17-2662-cv Judges Jacobs, Pooler, and Wesley Background: The objector appealed from ...

United States Court of Appeals for the Second Circuit Heroin distribution Specific quantities – Sufficient evidence – Speculation United States v. Pauling 17-2539-cr Judges Katzmann, Kearse, and Chin Background: The government appealed from the grant of the defendant’s motion to ...