NY Daily Record Since 1908

United States Court of Appeals for the Second Circuit Federal jurisdiction Appeals from state-court judgments – Dismissal for failure to prosecute Edwards v. McMillen Capital LLC 18-3170 Judges Sack, Hall, and Rakoff Background: The plaintiff appealed from a ruling that ...

United States Court of Appeals for the Second Circuit Diversity jurisdiction Lawful permanent resident – Treaty Tagger v. Strauss Group LTD 18-3189 Judges Kearse, Calabresi, and Pooler Background: The plaintiff appealed from the dismissal of the complaint for lack of ...

United States Court of Appeals for the Second Circuit Federalism Immigration law – Withholding funding to state and local governments New York et al. v. United States Department of Justice, et al. 19-267(L) Judges Winter, Cabranes, and Raggi Background: The ...

United States Court of Appeals for the Second Circuit Rehabilitation Act Prima facie discrimination – Notice – Extended leave – No requested accomodation Costabile v. NYCHHC, et al. 18-2816-cv Judges Cabranes, Sack, and Lohier Background: The plaintiff appealed from the ...

United States Court of Appeals for the Second Circuit Armed Career Criminal Act Robbery – Violent felony – Attempt to sell controlled substance United States v. Ojeda 18-1770-cr Judges Cabranes, Raggi, and Korman Background: The defendant appealed from his convictions ...

United States Court of Appeals for the Second Circuit Visual Artists Rights Act Aerosol artwork – Destruction by land owner Castillo v. G&M Realty LP 18-498-cv(L) Judges Parker, Raggi, and Lohier Background: The defendants are developers who destroyed aerosol artwork ...

United States Court of Appeals for the Second Circuit Crime of violence Categorical analysis – Threatening violence in furtherance of an extortion scheme United States v. Nikolla 17-2206-cr Judges Leval, Cabranes, and Sack Background: The defendant appealed from a conviction ...

United States Court of Appeals for the Second Circuit Summary judgment Conversion of cross-motion – Recognition of possible conversion Lin v. Shanghai City Corp. 18-3580 Judges Sack, Hall, and Rakoff Background: The plaintiffs are three kitchen workers formerly employed by ...

United States Court of Appeals for the Second Circuit Habeas petition Pseudonym – Anonymity factors United States v. Pilcher 18-3444-cr Judges Leval, Cabranes, and Sack Background: At issue on appeal is whether the denial of a motion to file a ...

United States Court of Appeals for the Second Circuit Revocation proceedings Exclusionary rule – Fruit of unlawful stop United States v. Hightower 18-2238-cr Judges Kearse, Parker, and Sullivan Background: The defendant appealed from a judgment that revoked a term of ...

United States Court of Appeals for the Second Circuit Federal Sentencing Guidelines Career criminal sentencing enhancement – Attempted assault – Narcotics conspiracy United States of America v. Zimmian Tabb 18-388-cr Judges Sack, Hall, and Rakoff Background: At issue is whether ...

United States Court of Appeals for the Second Circuit Americans with Disabilities Act Stress-related injuries – Migraines – Unable to perform job Woolf v. Strada 19-860-cv Judges Cabranes, Sack, and Failla Background: The plaintiff appealed from summary judgment in favor ...