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International Law: Kiobel v. Royal Dutch Petroleum Co.
U.S Court of Appeals, Second Circuit International Law Corporate Liability Kiobel v. Royal Dutch Petroleum Co. 06-4800-cv Denial of panel rehearing Background: The issue before the court was whether to grant a petition for a panel rehearing as requested by the plaintiffs. Such a rehearing is rejected. However, the justices write as to their conflicting […]
Terrorism: United States v. Sabir
U.S Court of Appeals, Second Circuit Terrorism Constitutionally Vague United States v. Sabir 07-1968-cr Appealed from the Southern District of New York Background: Defendant Rafiq Sabir, whose birth name is Rene Wright, is a United States citizen and licensed physician who, in May 2005, swore an oath of allegiance to al-Qaida and promised to be […]
Self-Incrimination: United States v. Greer
U.S Court of Appeals, Second Circuit Self-Incrimination Tattoo as Incriminating Speech United States v. Greer 09-4362-cr Appealed from the Western District of New York Background: This appeal is from a judgment of conviction for possessing a firearm and ammunition as a convicted felon, following a jury trial in the Western District of New York. Defendant […]
Banking: Fischer & Mandell LLP v. Citibank N.A.
U.S Court of Appeals, Second Circuit Banking Wire Transfers — Insufficient Funds Fischer & Mandell LLP v. Citibank N.A. 10-2155-cv Appealed from the Southern District of New York Background: This appeal is from a judgment of the district court dismissing the plaintiff’s claims against the defendant bank for breach of contract and negligence. The plaintiff […]
Immigration: Wong v. Holder
U.S. Court of Appeals, Second Circuit Immigration Convention Against Torture Wong v. Holder 08-5328-ag Appealed from the Board of Immigration Appeals Background: Chinese nationals Mei Fun Wong and her son Ling Go petition for review of an Oct. 6, 2008 decision of the Board of Immigration Appeals upholding a March 1, 2002 order by Immigration […]
Fourth Amendment: United States v. Hassock
U.S. Court of Appeals, Second Circuit Fourth Amendment Scope of Protective Sweep United States v. Hassock 09-5193-cr Appealed from the Southern District of New York Background: The government appeals from an order in the district court suppressing as evidence a handgun allegedly belonging to defendant-appellee Eric Hassock, a/k/a David St. Walton, a/k/a Basil LNU. The […]
Immigration: Oouch v. Department of Homeland Security
U.S. Court of Appeals, Second Circuit Immigration Removal — Aggravated Felony Oouch v. Department of Homeland Security 09-4834-ag Appealed from the Board of Immigration Appeals Background: Petitioner seeks review of an Oct. 23, 2009 decision of the Board of Immigration Appeals, dismissing his appeal from a decision of an immigration judge deeming him removable as […]
False Arrest: Caceres v. The Port Authority of New York and New Jersey
U.S. Court of Appeals, Second Circuit False Arrest Statute of Limitations Caceres v. The Port Authority of New York and New Jersey 09-3064-cv Appealed from the Southern District of New York Background: The Port Authority of New York and New Jersey detained plaintiff Caceres for two days on a warrant erroneously attributed to him. A […]
Criminal Jurisdiction: Carvajal v. Holder
U.S. Court of Appeals, Second Circuit Criminal Jurisdiction Location of Offense Carvajal v. Holder 09-0826-pr Appealed from the Southern District of New York Background: This appeal is from the denial of an application for a writ of habeas corpus in the U.S. District Court for the Southern District of New York. Alvaro Carvajal, a New […]
Immigration: Galluzzo v. Holder
U.S. Court of Appeals, Second Circuit Immigration Hearing — Due Process Galluzzo v. Holder 08-6036-ag Appealed from the Southern District of New York Background: This case presents a petition for review of an Oct. 1, 2008 removal order issued by U.S. Immigration and Customs Enforcement and appeal from an order of the U.S. District Court […]
Insurance: 10 Ellicott Square Court Corp. v. Mountain Valley Indemnity Co.
U.S. Court of Appeals, Second Circuit Insurance Execution of Contract — Umbrella Policy 10 Ellicott Square Court Corp. v. Mountain Valley Indemnity Co. 10-0799-cv Appealed from the Western District of New York Background: The defendant appealed from an award of summary judgment entered in the U.S. District Court for the Western District of New York […]
Sexual Harassment: Papelino v. Albany College of Pharmacy of Union University
U.S. Court of Appeals, Second Circuit Sexual Harassment Education Papelino v. Albany College of Pharmacy of Union University 09-4248-cv Appealed from the Northern District of New York Background: This appeal is from an order that dismissed the plaintiffs-appellants’ sexual harassment and retaliation claims under Title IX of the Education Amendments of 1972 and breach of […]
Case Digests
- 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
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
Law News
- Fourth Department affirms $400K judgment in contract dispute
- Could legislation limiting non-compete agreements kick off a new era of workplace disputes?
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
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