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ADA: Spiegel v. Shulmann
U.S. Court of Appeals, Second Circuit ADA Individual Liability — Third Party Employer Spiegel v. Shulmann 06-5914-cv Appealed from the Eastern District of New York Background: Elliot Spiegel and Jonathan Schatzberg appeal from the Nov. 30, 2006, judgment of the district court awarding summary judgment to defendants-appellees Daniel “Tiger” Schulmann and UAK Management Co., Inc. […]
Sentencing: U.S. v. Hernandez
U.S. Court of Appeals, Second Circuit Sentencing Mitigating Factors — Failure to Consider U.S. v. Hernandez 09-1421-cr Appealed from the Eastern District of New York Background: Defendant-appellant Hector Hernandez appeals from a judgment entered in the U.S. District Court for the Eastern District of New York in 2009, which re-imposed a 405-month sentence of incarceration […]
Insurance: Continental Insurance Co. v. Atlantic Casualty Insurance Co.
U.S. Court of Appeals, Second Circuit Insurance Continental Insurance Co. v. Atlantic Casualty Insurance Co. 09-2882-cv Appealed from the Southern District of New York Background: An insured party provided its insurer notice of a fire before the injured party provided notice. When the injured party sued the insurer under New York Insurance Law Section 3420(a) […]
Injunctions: Salinger v. Colting
U.S. Court of Appeals, Second Circuit Injunctions Copyright Claims Salinger v. Colting 09-2878-cv Appealed from the Southern District of New York Background: Plaintiff-appellee J.D. Salinger brought suit in the U.S. District Court for the Southern District of New York against defendants-appellants Fredrik Colting, Windupbird Publishing Ltd., Nicotext AB and ABP Inc., claiming copyright infringemen[...]
2nd Cir.: Music pirates can’t remain anonymous
The First Amendment does not protect the anonymity of a defendant who allegedly illegally downloaded copyrighted music, the U.S. Court of Appeals for the Second Circuit has ruled.
Copyright: Arista Records LLC v. Doe 3
U.S. Court of Appeals for the Second Circuit Copyright Music Downloads Arista Records LLC v. Doe 3 09-0905-cv Appealed from the Northern District of New York Background: This is an appeal from an order of the district court rejecting the anonymous defendant’s objections to the magistrate judge’s denial of a motion to quash a subpoena […]
Antitrust: In Re Ciprofloxacin Hydrochloride Antitrust Litigation
U.S. Court of Appeals for the Second Circuit Antitrust Patent Infringement — Reverse Exclusionary Payment Settlements In Re Ciprofloxacin Hydrochloride Antitrust Litigation 05-2851-cv Appealed from the Eastern District of New York Background: Plaintiffs appeal from a judgment of the U.S. District Court for the Eastern District of New York granting summary judgment for defendants, manufacturers [[...]
Partnerships: United States v. Moskowitz, Passman & Edelman
U.S. Court of Appeals for the Second Circuit Partnerships Draws — Taxable Wages United States v. Moskowitz, Passman & Edelman 08-3017-cv Appealed from the Southern District of New York Background: The district court found that the appellant law firm unlawfully failed to honor two tax levies served on it by the IRS relating to unpaid […]
Immigration: Debeatham v. Holder
U.S. Court of Appeals for the Second Circuit Immigration Ineffective Assistance Debeatham v. Holder 09-0205-ag Appealed from the Board of Immigration Appeals Background: Petitioner has brought a petition to review a decision denying his motion to reopen his removal proceedings based on the alleged ineffective assistance of his prior counsel. Petitioner argues, as he did […]
Federal Jurisdiction: United States v. Key
U.S. Court of Appeals for the Second Circuit Federal Jurisdiction Case or Controversy Requirement United States v. Key 08-3218-cr Appealed from the Southern District of New York Background: The court addresses in this case one circumstance in which an appellate challenge to a criminal sentence has been rendered moot by a defendant’s release from custody. […]
Arbitration: Baker & Taylor, Inc. v. Alphacraze.com Corp.
U.S. Court of Appeals for the Second Circuit Arbitration Baker & Taylor, Inc. v. Alphacraze.com Corp. 09-0581-cv Appealed from the District of Connecticut Background: Plaintiffs-appellants brought federal court action alleging breach of contract, breach of guaranty, unjust enrichment, quantum meruit, and fraudulent conveyance arising from contracts and guaranties between plaintiffs-appellants [...]
Rehabilitation Act: Wasser v. New York State Office of Vocational and Educational Services
U.S. Court of Appeals for the Second Circuit Rehabilitation Act Administrative Proceedings – Judicial Review Wasser v. New York State Office of Vocational and Educational Services 08-4724-cv Appealed from the Eastern District of New York Background: Plaintiff-appellant Michael J. Wasser, appearing pro se, appeals from a judgment entered on Aug. 28, 2008 in the U.S. […]
Case Digests
- 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.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- 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
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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