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Voting Rights: Monserrate v. New York State Senate
U.S. Court of Appeals, Second Circuit Voting Rights Expulsion of Elected Official Monserrate v. New York State Senate 10-0604-cv Appealed from the Southern District of New York Background: Hiram Monserrate, who was expelled from the New York State Senate, along with six voters in New York’s 13th Senatorial District who voted for Monserrate, pursued an […]
Sentencing: U.S. v. Davis
U.S. Court of Appeals, Second Circuit Sentencing Deviation from Guidelines U.S. v. Davis 08-3240-cr Appealed from the Northern District of New York Background: In 2008, Davis pleaded guilty to both counts of a two-count indictment charging him with receipt and possession of child pornography. The mandatory minimum sentence for those offenses was 60 months’ imprisonment. […]
Insurance: New York Marine and General Insurance Co. v. Lafarge North America Inc.
U.S. Court of Appeals, Second Circuit Insurance Marine Policies New York Marine and General Insurance Co. v. Lafarge North America Inc. 08-5504-cv Appealed from the Southern District of New York Background: On Sept. 9, 2005, an article published by The Wall Street Journal identified Ingram Barge Co. as Barge ING 4727’s owner, and Lafarge as […]
Evidence: U.S. v. Deandrade
U.S. Court of Appeals, Second Circuit Evidence Improper Remarks — Mistrial U.S. v. Deandrade 08-4815-cr Appealed from the Southern District of New York Background: Daniel Deandrade appeals from a judgment, entered following a 2008 jury trial in the Southern District of New York convicting him of two felony narcotics offenses and sentencing him to two […]
First Amendment: Alexander v. Cahill
U.S. Court of Appeals, Second Circuit First Amendment Attorney Advertising Alexander v. Cahill 07-3677-cv Appealed from the Northern District of New York Background: New York’s Appellate Division adopted new rules prohibiting certain types of attorney advertising and solicitation, to take effect Feb. 1, 2007. The new rules barred, inter alia, testimonials from clients relating to […]
Firearms: U.S. v. Gardner
U.S. Court of Appeals, Second Circuit Firearms Drug Trafficking Crime U.S. v. Gardner 08-4793-cr Appealed from the Southern District of New York Background: At issue on appeal is whether acquiring a firearm using drugs as payment constitutes possessing that firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. §924(c)(1)(A). Following a […]
Constitutional Torts: Huth v. Haslun
U.S. Court of Appeals, Second Circuit Constitutional Torts First Amendment Huth v. Haslun 08-2203-cv Appealed from the Southern District of New York Background: The defendants appeal from an order of the district court denying their motion for summary judgment raising the defense of qualified immunity. The plaintiff claims the defendants — employees of the New […]
Criminal Forfeiture: U.S. v. Muse
U.S. Court of Appeals, Second Circuit Criminal Forfeiture U.S. v. Muse 07-4483-cr Appealed from the Southern District of New York Background: The appellants, Ali Awad and Abdi Emil Moge, were tried before a jury concerning their alleged role in a criminal conspiracy to distribute and possess with intent to distribute a controlled substance, primarily mixtures […]
Speedy Trial Act: U.S. v. Culbertson
U.S. Court of Appeals, Second Circuit Speedy Trial Act Interlocutory Appeal U.S. v. Culbertson 09-0485-cr Appealed from the Eastern District of New York Background: Charged in a superseding indictment with various narcotics-related offenses, the defendant-appellant moves pro se for leave to proceed in forma pauperis and for appointment of counsel to pursue his interlocutory appeal […]
Evidence: Cameron v. City of New York
U.S. Court of Appeals, Second Circuit Evidence Testimony — Improper Vouching and Opinions Cameron v. City of New York 08-5937-cv Appealed from the Southern District of New York Background: On July 2, 2005, Officers Carmen Ramos and Angel Rivera arrested Karen Cameron and her mother, Sylvia Higgenbottom, and charged Cameron with a variety of state […]
Breach of Contract: Citigroup Global Markets, Inc. v. VCG Special Opportunities Master Fund Limited
U.S. Court of Appeals, Second Circuit Breach of Contract Credit Default Swap Agreement Citigroup Global Markets, Inc. v. VCG Special Opportunities Master Fund Limited 08-6090-cv Appealed from the Southern District of New York Background: On July 17, 2006, VCG, a hedge fund based on the Isle of Jersey, entered into a brokerage services agreement with […]
Zoning: TJS of New York Inc. v. Town of Smithtown
U.S. Court of Appeals, Second Circuit Zoning First Amendment — Alternative Sites TJS of New York Inc. v. Town of Smithtown 08-2789-cv Appealed from the Eastern District of New York Background: The appeal is from a judgment of the district court, which denied the plaintiff-appellant’s request for a declaratory judgment and permanent injunction barring enforcement […]
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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