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Due Process: Kuck v. Danaher
U.S. Court of Appeals, Second Circuit Due Process Procedure — First Amendment Retaliation Kuck v. Danaher 08-5368-cv Appealed from the District of Connecticut Background: Plaintiff M. Peter Kuck appeals from a judgment of the district court concerning his efforts to renew his permit to carry a firearm with the Connecticut Department of Public Safety. His […]
Chapter 11: In Re Johns-Manville Corp.
U.S. Court of Appeals, Second Circuit Chapter 11 Due Process — Notice of Order In Re Johns-Manville Corp. 06-2103-bk Appealed from the Southern District of New York Background: For almost 30 years, the Johns-Manville Corp. and its insurers have been navigating the monumental liability arising out of its production of asbestos. The appeals are yet […]
Evidence: U.S. v. Bari
U.S. Court of Appeals, Second Circuit Evidence Judicial Search U.S. v. Bari 09-1074-cr Appealed from the Southern District of New York Background: Bari pleaded guilty to, and was convicted of, one count of bank robbery. In May 2008, he was released from custody and began serving his term of supervised release. On Oct. 24, 2008, […]
ADA: Kinneary v. City of New York
U.S. Court of Appeals, Second Circuit ADA Drug Testing — Shy Bladder Kinneary v. City of New York 08-1330-cv Appealed from the Southern District of New York Background: The appeal is from a district court judgment entered following a jury verdict, which found discrimination under the Americans with Disabilities Act, the New York State Human […]
Freedom of Information Act: Fox News Network LLC v. Board of Governors of the Federal Reserve System; Bloomberg LP v. Board of Governors of the Federal Reserve System
U.S. Court of Appeals for the Second Circuit Freedom of Information Act Federal Reserve Practices Fox News Network LLC v. Board of Governors of the Federal Reserve System Bloomberg LP v. Board of Governors of the Federal Reserve System 09-3795-cv 09-4083-cv Appealed from the Southern District of New York Background: The cases center on the […]
Social Security: Clark v. Astrue
U.S. Court of Appeals for the Second Circuit Social Security Violation of Parole Clark v. Astrue 08-5801-cv Appealed from the Southern District of New York Background: The plaintiffs in the putative class action challenge the Social Security Administration’s interpretation of two provisions of the Social Security Act, which permit the administration to suspend benefits of […]
Tax: Robinson Knife Manufacturing Co. v. Commissioner of Internal Revenue
U.S. Court of Appeals for the Second Circuit Tax Royalty Payments — Time of Deduction Robinson Knife Manufacturing Co. v. Commissioner of Internal Revenue 09-1496-ag Appealed from the U.S. Tax Court Background: Petitioner-Appellant Robinson Knife Manufacturing Co. sells kitchen tools labeled with trademarks licensed from third parties, to whom Robinson pays royalties. Income tax returns [&hellip[...]
Commerce Clause: U.S. v. Van Buren
U.S. Court of Appeals, Second Circuit Commerce Clause Sex Offender Registration U.S. v. Van Buren 08-6262-cr Appealed from the Northern District of New York Background: The U.S. District Court for the Northern District of New York entered a judgment of conviction and sentence against defendant-appellant Barclay J. Van Buren Jr. after a jury found him […]
‘Ex Post Facto’ Clause: U.S. v. Gilmore
U.S. Court of Appeals, Second Circuit ‘Ex Post Facto’ Clause Sentencing Guidelines U.S. v. Gilmore 07-0349-cr Appealed from the Eastern District of New York Background: Defendant Gregory Gilmore appeals from a district court judgment that sentenced him to 30 years’ imprisonment. The court referred to the 2004 version of the U.S. Sentencing Guidelines, which prescribed […]
Statute of Limitations: In Re Ephedra Products Litigation
U.S. Court of Appeals, Second Circuit Statute of Limitations Latent-Effects Tolling In Re Ephedra Products Litigation 06-2071-cv Appealed from the Southern District of New York Background: The appeal concerns a personal injury action alleging injuries resulting from the ingestion of ephedra. The district court granted summary judgment to the defendants on statute-of-limitations grounds after concl[...]
Second Circuit: Ad rules unconstitutional
Most of the controversial rules restricting attorney advertising in New York violate the First Amendment, the U.S. Court of Appeals for the Second Circuit ruled recently.
Qualified Immunity: Taravella v. Town of Wolcott
U.S. Court of Appeals, Second Circuit Qualified Immunity Mayoral Actions Taravella v. Town of Wolcott 08-2529-cv Appealed from the District of Connecticut Background: Defendant Thomas Dunn, mayor of the Town of Wolcott, appeals from the district court’s denial of his motion for qualified immunity. When Dunn became mayor, he terminated the employment of plaintiff Denise […]
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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