NY Daily Record Since 1908

United States Court of Appeals for the Second Circuit Securities litigation Material misstatement – Scienter – Sufficiency of complaint Arkansas Public Employees Retirement System v. Bristol-Myers Squibb Co. 20-3716-cv Judges Livingston, Jacobs, and Menashi Background: The Plaintiff commenced a securities ...

United States Court of Appeals for the Second Circuit Title VII Employer-employee relationship – Court appointed counsel – Joint employment Felder v. USTA 19-1094 Judges Livingston, Cabranes, and Lynch Background: The plaintiff appealed from the dismissal of his complaint alleging ...

United States Court of Appeals for the Second Circuit Malicious prosecution Fabrication of evidence – Grand jury Anilao v. Spota 19-3449-cv Judges Sack, Chin, and Lohier Background: Ten nurses and their former attorney filed claims under S 1983, including claims ...

United States Court of Appeals for the Second Circuit Intervention Adequate representation – Cognizable interest In re New York City Policing 21-1316 Judges Livingston, Jacobs, and Menashi Background: A proposed intervenor-defendant-appellant Police Benevolent Association appealed an order denying its motion ...

United States Court of Appeals for the Second Circuit Certified question Extension of quasi-judicial immunity – Private proceeding Khan v. Yale Univ. 21-95 Judges Livingston, Kearse, and Raggi Background: The plaintiff appealed from the dismissal of his defamation and tortious ...

United States Court of Appeals for the Second Circuit Mandatory Victims Restitution Act Expenses related to civil matters – Attorneys’ fees United States v. Afriyie 20-2269-cr Judges Calabresi, Pooler, and Parker Background: The defendant appealed from an order directing restitution ...

United States Court of Appeals for the Second Circuit First Step Act Compassionate release – Mandatory minimum United States v. Clenista 21-273-cr Judges Cabranes, Lynch, and Chin Background: The defendant appealed from the denial of his motion for a sentence ...

United States Court of Appeals for the Second Circuit Evidentiary issues Testimony on uncharged conduct – Expert testimony United States v. Zhong 19-4110 Judges Sack, Wesley, and Menashi Background: The defendant appealed from his conviction of forced-labor conspiracy, forced labor, ...

United States Court of Appeals for the Second Circuit Immigration Removal – Crime involving moral turpitude – Petit larceny Ferreiras v. Garland 19-4111 Judges Calabresi and Sullivan Background: The petitioner sought review of a final order of removal from the ...

United States Court of Appeals for the Second Circuit ERISA Severance benefits denial – Sufficiency of complaint Soto v. Disney Severance Pay Plan, et al. 20-4081 Judges Carney, Sullivan, and Bianco Background: The plaintiff is a former employee of the ...

United States Court of Appeals for the Second Circuit Immigration Standard for timely filing – Reasonable fear of future persecution – Wire fraud conviction Ojo v. Garland 19-3237 Judges Chin, Bianco, and Menashi Background: The petitioner sought review of a ...

United States Court of Appeals for the Second Circuit Suppression of firearm Probable cause – Safety precautions United States v. Patterson 19-4332 Judges Raggi, Lynch, and Park Background: The defendant was charged with being a felon in possession of a ...