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Securities: In Re Omnicom Group Inc. Securities Litigation
U.S. Court of Appeals, Second Circuit Securities In Re Omnicom Group Inc. Securities Litigation 08-0612-cv Appealed from the Southern District of New York Background: The appeal is from a district court judgment granting the defendants’ motion for summary judgment. The district court held that the defendants were entitled to summary judgment on the plaintiffs’ claims […]
Fourth Amendment: U.S. v. Navas
U.S. Court of Appeals, Second Circuit Fourth Amendment Trailers — Automobile Exception U.S. v. Navas 09-1144-cr Appealed from the Southern District of New York Background: The appeal concerns a trailer, unhitched from its cab and parked in a warehouse. The district court held that a warrantless search of the trailer ran afoul of the Fourth […]
Bar Admission: In Re David Rodkin
U.S. Court of Appeals, Second Circuit Bar Admission Misrepresentation In Re David Rodkin 09-90133-am Background: On Dec. 3, 2009, the panel directed attorney David Rodkin to show cause why he should not be removed from the bar of this court or subject to other disciplinary or corrective measures based on the conduct described in that […]
Tax: City of New York v. Golden Feather Smoke Shop
U.S. Court of Appeals, Second Circuit Tax Cigarettes — Reservations City of New York v. Golden Feather Smoke Shop 09-3942-cv Appealed from the Eastern District of New York Background: Defendants-appellants Monique’s Smoke Shop et al. appeal from the Aug. 25, 2009 grant of a preliminary injunction to the City of New York by the U.S. […]
Immigration: Herrera-Molina v. Holder
U.S. Court of Appeals, Second Circuit Immigration Herrera-Molina v. Holder 07-0985-ag Appealed from the Department of Homeland Security, Immigration and Customs Enforcement Background: The petitioner seeks review of a February 2007 decision of the U.S. Department of Homeland Security, Immigration and Customs Enforcement, reinstating a prior order of deportation pursuant to section 241(a)(5) of the[...]
Prisons: Vega v. Lantz
U.S. Court of Appeals, Second Circuit Prisons Sex Offender Classification Vega v. Lantz 08-4748-pr Appealed from the District of Connecticut Background: The defendant prison officials appeal from a judgment granting in part plaintiff-appellee Joe Burgos Vega’s motion for summary judgment. Vega, a prison inmate, sued Connecticut prison officials alleging, among other things, violations of his [&h[...]
Immigration: Caranza-Fuentes v. Holder
U.S. Court of Appeals, Second Circuit Immigration Asylum Caranza-Fuentes v. Holder 08-4820-ag Appealed from the Board of Immigration Appeals Background: Petitioners Milton Ronaldo Rodas Castro and his wife, Maria Luisa Carranza-Fuentes, seek review of a portion of a final order of the Board of Immigration Appeals, which affirmed the decision of an immigration judge to […]
Immunity: Brzak v. United Nations
U.S. Court of Appeals, Second Circuit Immunity Judicially Crafted Immunity — Constitutionality Brzak v. United Nations 08-2799-cv Appealed from the Southern District of New York Background: Cynthia Brzak and Nasr Ishak appeal from a judgment of the U.S. District Court for the Southern District of New York dismissing claims against the United Nations and various […]
Statute of Repose: Ma v. Merill Lynch & Co. Inc.
U.S. Court of Appeals, Second Circuit Statute of Repose Electronic Funds Transfers Ma v. Merill Lynch & Co. Inc. 08-4828-cv Appealed from the Southern District of New York Background: The appeal requires the court to consider whether the New York Uniform Commercial Code Section 4-A-505, which imposes a one-year statute of repose on certain claims […]
Asylum: De La Rosa v. Holder
U.S. Court of Appeals, Second Circuit Asylum De La Rosa v. Holder 09-3099-ag Appealed from the Board of Immigration Appeals Background: Petitioner Marino De La Rosa, a native of the Dominican Republic, appeals from the final decision and order of the BIA, which affirmed the an immigration judge’s decision to deny his application for deferral […]
Asylum: Kone v. Holder
U.S. Court of Appeals, Second Circuit Asylum Kone v. Holder 08-1445-ag Appealed from the Board of Immigration Appeals Background: The petition seeks review of a final order of the Board of Immigration Appeals affirming the decision of the immigration judge, who denied petitioner Nan Marie Kone’s application for asylum, withholding of removal and relief under […]
Sentencing: U.S. v. Savoca
U.S. Court of Appeals, Second Circuit Sentencing U.S. v. Savoca 08-4610-cr Appealed from the Southern District of New York Background: Defendant Salvatore Savoca appeals from a judgment entered in the U.S. District Court for the Southern District of New York, challenging the procedural and substantive reasonableness of his sentence. He also argues he was entitled […]
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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