COLUMBIA, S.C. — Convicted Charleston church shooter Dylann Roof has asked for a new federal trial, saying prosecutors didn’t have jurisdiction to bring their case against him. Roof’s attorneys made that request Friday, claiming the government failed to prove that ...

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NYSBA Committee on Judicial Ethics – Jurisdiction –  Choice of Law   Ethics Opinion 1042   Background: The inquiring attorney has applied for admission to the Washington, D.C. bar and its code of professional conduct permits a lawyer who is ...

Tagged with: jurisdiction NYSBA Committee on Judicial Ethics

U.S. Court of Appeals for the Second Circuit Jurisdiction State Law — Constitutional Question Carver v. Nassau County 13-0801; 13-0840 Judges Pooler, Carney and Korman Background: The plaintiffs, representatives of various Nassau County police unions, brought suit to contest a ...

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Appellate Division, Fourth Department Jurisdiction Post-Termination Motion Cambridge Integrated Services Group Inc. v. Johnson CA 12-01789 Appealed from Supreme Court, Erie County Background: The plaintiff appealed from the grant of the defendants’ motion compelling the plaintiff to comply with a ...

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While courts have long given deference to federal agencies’ reasonable interpretations of statutes under Chevron USA v. NRDC, the justices of the U.S. Supreme Court wrestled with the open question of whether Chevron deference extends to an agency’s determination of ...

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NYSBA Committee on Professional Ethics Non-lawyer Partnerships Jurisdiction Opinion 889 Background: The inquiring attorney is admitted to practice in both New York and the District of Columbia. The lawyer’s practice is based in the District of Columbia and the majority of ...

Tagged with: jurisdiction NYSBA Committee on Professional Ethics

Among the U.S. Supreme Court cases decided in the new year is a ruling regarding whether state courts have exclusive jurisdiction of private rights of action involving the Telephone Consumer Protection Act, passed by Congress in 1991. In Mims v. ...

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New York State Court of Claims Jurisdiction Service — First-Class Mail Duncan v. State of New York 119541 Judge Bruening Background: The claimant sought damages for injuries he sustained while detained at the Central New York Psychiatric Center when a ...

Tagged with: jurisdiction New York State Court of Claims

U.S. Court of Appeals for the Second Circuit Challenged Tax Schemes Jurisdiction Joseph, et al v. Hyman, et al 10-3943-cv Judges Calabresi, Wesley and Lohier Background: The plaintiffs appealed the dismissal of their complaint challenging a New York state tax ...

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U.S. District Court, WDNY Jurisdiction Supplemental — Diversity O’Rourke v. Select Portfolio Servicing, Inc. 11-CV-6061L Judge Larimer Background: The action was removed from the Supreme Court, Monroe County to district court on the basis of federal question jurisdiction. The removal ...

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BUFFALO — Families suing over the 2009 crash of Flight 3407 near Buffalo are awaiting an important ruling. Federal Judge William Skretny has told lawyers he'll let them know Monday about the key issue of punitive damages. Those are damages meant to punish companies and deter future wrongdoing.

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Appellate Division, Fourth Department Jurisdiction Labor Law Karcz, Jr. v. Klewin Building Company Inc., et al. CA 10-02385 Appealed from Supreme Court, Niagara County Background: The action was commenced when the plaintiff sustained injuries when a truss he had lifted ...

Tagged with: Appellate Division Fourth Department jurisdiction Labor Law