NY Daily Record Since 1908

United States Court of Appeals for the Second Circuit Conditions of supervised release Vagueness – First Amendment violation United States v. Thomas Alonzo Bolin 19-2119-cr Judges Sack, Wesley, and Chin Background: The defendant appealed from the supervised release portion of ...

United States Court of Appeals for the Second Circuit Securities Investor Protection Act Profits of fraud – Claw back provisions – Consistent with Bankruptcy Code In re: Bernard L Madoff Investment Securities LLC 19-0429-bk(L) Judges Walker, Cabranes, and Sack Background: ...

United States Court of Appeals for the Second Circuit Plea Knowledge of firearm – Supervised release conditions United States v. Bryant 18-3569 Judges Livingston, Parker, and Bianco Background: The defendant appealed from a judgment following his guilty plea to one ...

United States Court of Appeals for the Second Circuit Foreign Sovereign Immunities Act Exceptions – Tracing – Jurisdiction Rukoro v. Federal Republic of Germany 19-609-cv Judges Winter, Pooler, and Park Background: The plaintiffs, as members of a putative class action, ...

United States Court of Appeals for the Second Circuit Police negligence Negligent investigation – Special duty rule Ferreira v. City of Binghamton 17-3234-cv Judges Livingston, Leval, and Pooler Background: The plaintiff was shot in the stomach by the defendant police ...

United States Court of Appeals for the Second Circuit Medicare coverage Amount-in-controversy – Aggregation – Judicial review Bloom v. Azar 18-2390 Judges Livingston, Leval, and Lohier Background: The plaintiff requested Medicare coverage to offset the costs associated with a device ...

United States Court of Appeals for the Second Circuit Moot issues Pending appeal – Motion for Stay – Vacatur Hassoun v. Searls 20-2056 Judges Cabranes, Sullivan, and Menashi Background: The petitioner was removed from the United States but the removal ...

United States Court of Appeals for the Second Circuit H-1B program Authority to investigate – Wages Aleutian Capital Partners v. Pizzella 17-3810 Judges Pooler, Lohier, and Carney Background: The plaintiff appealed from a decision by the Administrative Review Board of ...

United States Court of Appeals for the Second Circuit RICO Conclusory allegations – Rooker-Feldman doctrine – Jurisdiction Butcher v. Wendt 19-224 Judges Raggi, Lohier, and Menashi Background: The plaintiff appealed from the dismissal of his complaint under the Rooker-Feldman doctrine ...

United States Court of Appeals for the Second Circuit Insider trading Qualifying individuals – Misappropriation theory United States v. Kosinski 18-3065 Judges Cabranes, Raggi, and Korman Background: The defendant served as a principal investigator for a clinical trial of a ...

United States Court of Appeals for the Second Circuit Title VII Disparate impact – National statistics – Representative of applicant pool Mandala v. NTT Data Inc. 19-2308 Judges Chin, Sullivan, and Nardini Background: The plaintiffs were hired at a technology ...

United States Court of Appeals for the Second Circuit Immigration Aggravated Felony – Agency interpretation of statute Santana v. Barr 18-2755 Judges Livingston, Lohier, and Nardini Background: The Board of Immigration Appeals determined that the petitioner’s conviction for third-degree criminal ...