U.S. Court of Appeals, Second Circuit Tax Lifetime Gifts — Transferor’s Retained Possession Estate of Stewart v. Commissioner of Internal Revenue 07-5370-ag Appealed from the U.S. Tax Court Background: Decedent, Margot Stewart, gave a 49 percent share of a mixed-use ...

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U.S. Court of Appeals, Second Circuit Indictments Right to Grand Jury Indictment Matthews v. U.S. 09-0321-pr Appealed from the Eastern District of New York Background: The case requires the court to decide whether the Fifth Amendment guarantees an unwaivable right ...

Tagged with: indictments Second Circuit U.S. Court of Appeals

U.S. Court of Appeals, Second Circuit Immigration Removal — Good Moral Character Argueta v. Holder 09-4021-ag Appealed from the Board of Immigration Appeals Background: The petitioner seeks review of a decision by the Board of Immigration Appeals, which affirmed an ...

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U.S. Court of Appeals, Second Circuit Evidence Out-of-Court Statements — Conspiracy U.S. v. Shyne 08-0865-cr Appealed from the Southern District of New York Background: Defendants-appellants Nathaniel Alexander, Steven Riddick and Roberto Montgomery were indicted for their participation in broad criminal ...

Tagged with: conspiracy evidence Second Circuit U.S. Court of Appeals

U.S. Court of Appeals, Second Circuit Unfair Trade Practices Chloé v. Queen Bee of Beverly Hills LLC 09-3361-cv Appealed from the Southern District of New York Background: The plaintiff alleges violations of sections 32(1) and 43(a) of the Trademark Act ...

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U.S. Court of Appeals, Second Circuit Prosecutorial Misconduct Maintenance of False Legal Argument U.S. v. Gomez 08-3829-cr Appealed from the Southern District of New York Background: Ellis Williams Gomez appeals from a judgment of conviction for conspiracy to distribute and ...

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U.S. Court of Appeals, Second Circuit Job Discrimination Henry v. Wyeth Pharmaceuticals Inc. 08-1477-cv Appealed from the Southern District of New York Background: The plaintiff appeals from the adverse judgment of the U.S. District Court for the Southern District of ...

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U.S. Court of Appeals, Second Circuit Immigration Fugitives Wu v. Holder 09-2564-ag Appealed from the Board of Immigration Appeals Background: Nen Di Wu seeks review of the Board of Immigration Appeals’ June 1, 2009 order of removal. Before either party ...

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U.S. Court of Appeals, Second Circuit Criminal Law Insufficient Evidence U.S. v. Broxmeyer 09-1457-cr Appealed from the Northern District of New York Background: Todd Broxmeyer is a former field hockey coach who had several sexual relationships with girls he coached. ...

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U.S. Court of Appeals, Second Circuit Immigration Judicial Evaluation of Foreign Conditions Lecaj v. Holder 09-0768-ag Appealed from the Board of Immigration Appeals Background: Petitioner Fatmir Lecaj, a native of the former Yugoslavia, seeks review of the order of the ...

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U.S. Court of Appeals, Second Circuit Due Process Qualified Immunity Scott v. Superintendent 09-1451-cv Appealed from the Southern District of New York Background: The appeal is from a district court judgment granting the defendants’ motion to dismiss plaintiff Choice Scott’s ...

Tagged with: due process qualified immunity Second Circuit U.S. Court of Appeals

U.S. Court of Appeals, Second Circuit Sentencing Armed Career Criminal Act — Violent Felony U.S. v. Johnson 08-5245-cr Appealed from the District of Connecticut Background: The court is asked to consider whether a violation of Connecticut General Statute §53a-179b, which ...

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