NY Daily Record Since 1908

United States Court of Appeals for the Second Circuit Comity Foreign arbitral award Esso Expl. and Prod. Nigeria Ltd. v. Nigerian Nat’l Petroleum Corp. 19-3159(L) Judges Sack, Carney, and Kovner Background: The appeal arises from a district court’s decision to ...

United States Court of Appeals for the Second Circuit Freedom of Information Act Agency records Behar v. Dep’t of Homeland Sec. 20-3253(L) Judges Park, Nardinia, and Menashi Background: The defendant appealed from an order to release certain records pursuant to ...

United States Court of Appeals for the Second Circuit Bankruptcy Sanctions – Automatic stay In re: Eileen Fogarty 20-2187-bk Judges Carney, Bianco, and Garaufis Background: The debtor-appellee held a 99% interest in a limited liability company, which in turn owned ...

United States Court of Appeals for the Second Circuit Motion to quash Transfer order – Appealable American Plan Administrators v. S. Broward Hospital District 22-37-cv Judges Pooler, Lohier, and Nardini Background: At issue is whether an order transferring a motion ...

United States Court of Appeals for the Second Circuit Speedy Trial Act Three-year delay – Complexity of case – Delay in production United States v. Pikus 20-3080-cr Judges Park, Robinson, and Rakoff Background: The defendant was convicted of conspiring to ...

United States Court of Appeals for the Second Circuit Asylum Refugee – Dual citizenship Zepeda-Lopez, et al. v. Garland 19-145-ag Judges Livingston, Chin, and Nardini Background: The petitioners appealed from the decision of the Board of Immigration Appeals that dismissed ...

United States Court of Appeals for the Second Circuit Bankruptcy Satisfying tax liens – Property sale – Reasonable equivalent value Gunsalus v. County of Ontario 20-3865-bk Judges Cabranes, Parker, and Lee Background: The plaintiffs sought to set aside the loss ...

United States Court of Appeals for the Second Circuit Probable cause Terry stop – Reasonable suspicion United States v. Hawkins 21-836(L) Judges Kearse, Sack, and Menashi Background: The defendants each pleaded guilty to being a felon in possession of a ...

United States Court of Appeals for the Second Circuit Statute of limitations Defaulted bonds – Acknowledgement of debt Bainbridge Fund Ltd. v. The Republic of Argentina 21-37-cv(L) Judges Walker, Leval, and Park Background: The plaintiff is the beneficiary of bonds ...

United States Court of Appeals for the Second Circuit Conspiracy to commit murder Firearm use during a crime of violence Stone v. United States 20-1778 Judges Walker, Nardini, and Menashi Background: The plaintiff was convicted of conspiracy to commit murder ...

United States Court of Appeals for the Second Circuit  Mental health arrest Misdemeanor trespass – Probable cause Guan v. City of New York 20-4002-cv Judges Pooler, Chin, and Carney Background: The plaintiff appealed from the dismissal of her amended complaint. ...

United States Court of Appeals for the Second Circuit Fourth Amendment search Private single-engine plane – Probable cause United States v. Capelli 19-4352-cr Judges Walker, Calabresi, and Menashi Background: The defendant was convicted of possessing marijuana with intent to distribute ...