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U.S. Court of Appeals, Second Circuit

Second Circuit – Armed Career Criminal Act: United States v. Walker

United States Court of Appeals for the Second Circuit Armed Career Criminal Act New York’s second-degree robbery – Violent felony United States v. Walker 18-1933(L) Judges Jacobs, Carney, and Park Background: Following an attempted robbery of a convenience store, the ...

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Second Circuit – Medicare supplemental insurance: Dane v. UnitedHealthcare Ins. Co., et al.

United States Court of Appeals for the Second Circuit Medicare supplemental insurance Impermissible rebate – Allegations of loss Dane v. UnitedHealthcare Ins. Co., et al. 19-2330-cv Judges Jacobs, Calabresi, and Chin Background: The plaintiff appealed from the dismissal of his ...

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Second Circuit – Fifth Amendment: United States v. Fridman

United States Court of Appeals for the Second Circuit Fifth Amendment Forgone conclusion exception – Collective entity exception United States v. Fridman 18-3530-cv Judges Pooler, Hall, and Lohier  Background: The defendant appealed from an order granting a petition to enforce ...

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Second Circuit – Voter fraud: United States of America v. Smilowitz

United States Court of Appeals for the Second Circuit Voter fraud Bribery – Local conduct United States of America v. Smilowitz 19-361-cr Judges Walker, Parker, and Carney Background: The defendant pleaded guilty to conspiring to submit false voter registrations and ...

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Second Circuit – National Labor Relations Act: American Federation of Musicians v. Neshoma

United States Court of Appeals for the Second Circuit National Labor Relations Act Arbitration – Timeliness American Federation of Musicians v. Neshoma 19-1093-cv Judges Winter, Walker, and Carney Background: At issue on appeal is whether arbitration was properly initiated by ...

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Second Circuit – Free Exercise Clause: Booker v. Graham

United States Court of Appeals for the Second Circuit Free Exercise Clause Qualified immunity – Prison lockdown Booker v. Graham 19-739-pr Judges Leval, Lohier, and Park Background: The plaintiff appealed from the grant of summary judgment on his claims under ...

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Second Circuit – First Step Act: Martin v. United States

United States Court of Appeals for the Second Circuit First Step Act Covered offenses – Completed sentence – Retroactive application Martin v. United States 19-1701 Judges Sack, Wesley, and Livingston Background: In 2005, the plaintiff pleaded guilty to conspiracy to ...

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Second Circuit – Administrative closure: Rodriguez v. Gusman

United States Court of Appeals for the Second Circuit Administrative closure Deportation – Impractical and unreasonable burden on opposing party Rodriguez v. Gusman 19-2213-cv Judges Newman, Pooler, and Hall  Background: The plaintiff appealed from an order that adopted the magistrate ...

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Second Circuit – Corporate Average Fuel Economy: New York, et al. v. National Highway Traffic Safety Administration, et al.

United States Court of Appeals for the Second Circuit Corporate Average Fuel Economy  – Federal Civil Penalties Inflation Adjustment Act Improvements Act New York, et al. v. National Highway Traffic Safety Administration, et al. 19-2395-ag(L) Judges Sullivan, Park, and Nardini Background: ...

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Second Circuit – Maritime Drug Law Enforcement Act: United States v. Sanchez

United States Court of Appeals for the Second Circuit Maritime Drug Law Enforcement Act Jurisdiction – Stateless vessel – Sufficiency – Land-based conspirators United States v. Sanchez 18-671(L) Judges Winter, Pooler, and Raggi Background: The defendants appealed from a conviction ...

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Second Circuit – Qualified immunity: Franco v. City of Syracuse

United States Court of Appeals for the Second Circuit Qualified immunity Interlocutory appeal – Disputed issue of fact Franco v. City of Syracuse 19-0891 Judges Calabresi, Pooler, and Carney  Background: The defendants file an interlocutory appeal challenging the denial of ...

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