Second Circuit upholds award in medical malpractice case after death from cancer
In a split decision, a federal appeals court has affirmed an award in a medical malpractice lawsuit, but denied the plaintiff’s motion to increase the award.
Second Circuit affirms decision on school covering controversial mural
A federal appeals court has ruled that Vermont Law School did not violate the Visual Artists Rights Act of 1990 when it covered a controversial mural.
Second Circuit reinstates lawsuit over ‘sidewalk counseling’ outside abortion providers
A federal court has ruled that an injunction limiting “sidewalk counseling” outside Planned Parenthood offices in western New York does not apply to anyone not connected to the original case.
Appeals court reinstates claim for cash seized by police
A federal appeals court has reinstated a claim for more than $8,000 that was seized by law enforcement officials in a drug case where the defendant was ultimately acquitted.
Second Circuit OKs ban on signs at city council meetings
A federal appeals court has ruled that a city council’s policy of prohibiting signs at meetings is a reasonable limit on First Amendment rights.
New trial ordered in witness tampering case
A federal appeals court has ordered a new trial for a man convicted of jury retaliation because of an insufficient voir dire process.
Second Circuit dismisses case over sealing criminal records
A federal appeals court has dismissed a lawsuit filed by a Penfield man who sought to have his criminal records sealed and refused to disclose his true identity.
Hearing on habeas corpus petition ordered in weapon case
The United States Court of Appeals for the Second Circuit has ordered a hearing on a habeas corpus petition that had been denied by a lower court.
Prison inmate’s excessive force lawsuit reinstated
The U.S. Court of Appeals for the Second Circuit has reversed a lower court ruling and reinstated a lawsuit accusing several New York state prison guards of excessive force.
Second Circuit split on habeas corpus petition in rape case
In a split decision, a federal appeals court has denied a habeas corpus petition filed by a man convicted of first-degree rape in New York State Supreme Court.
Appeals court cancels $20,000 award to prison inmate
A federal appeals court has reversed a jury verdict and a $20,000 award of damages for a prison inmate who complained of overcrowding.
Pepsi, coffee brewer fight over use of ‘Rise’ name
RiseandShine Corp., which does business as Rise Brewing, sued PepsiCo., which sells a canned energy drink under the trademark “Mtn Dew Rise.”
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith