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CERCLA: Niagara Mohawk Power Corp. v. Consolidated Rail
U.S. Court of Appeals, Second Circuit CERCLA Contribution Niagara Mohawk Power Corp. v. Consolidated Rail 08-3843-cv Appealed from the Northern District of New York Background: Niagara Mohawk Power Corp. commenced the action to recover costs pursuant to CERCLA and the Superfund Amendments and Reauthorization Act of 1986, from the defendants for cleanup of properties previously […]
‘Habeas Corpus’: Perkins v. Herbert
U.S. Court of Appeals, Second Circuit ‘Habeas Corpus’ Harmless Error — Prosecution’s Case Perkins v. Herbert 08-1490-pr Appealed from the Western District of New York Background: On March 27, 1998, a grand jury charged Petitioner Victor Perkins with one count of first degree robbery two counts of criminal possession of a weapon in the second […]
Attorneys’ Fees: Rodriguez v. Custodio
U.S. Court of Appeals, Second Circuit Attorneys’ Fees Fee-Splitting Agreements Rodriguez v. Custodio 08-4966-cv Appealed from the Eastern District of New York Background: The appeal is from an order determining attorneys’ fees after an infant compromise hearing. The appellants argue the district court inquired inappropriately into the fee-splitting agreements among the attorneys and, after con[...]
Longshore Workers’ Compensation: Service Employees International Inc. v. Workers’ Compensation Program
U.S. Court of Appeals, Second Circuit Longshore Workers’ Compensation Disability — Appellate Review Service Employees International Inc. v. Workers’ Compensation Program 08-2515-ag Petition for review; Benefits Review Board Background: The decision concerns a petition for review of a final order of the Benefits Review Board of the Department of Labor affirming the decision of an […]
Attorney Discipline: In Re Saghir
U.S. Court of Appeals, Second Circuit Attorney Discipline Resignation In Re Saghir 09-90017-am Background: The court previously removed attorney Saghir from its bar. The decision confirms the final removal but discusses Saghir’s attempt to resign prior to the final disciplinary decision. The underlying misconduct involved missed deadlines and repeatedly failed to file a brief, she […]
Sentencing: U.S. v. Walker
U.S. Court of Appeals, Second Circuit Sentencing Crime of Violence — Strong Arm Robbery U.S. v. Walker 08-3874-cr Appealed from the Eastern District of New York Background: The appeal is from a final judgment of conviction sentencing the defendant to 63 months’ imprisonment. The appeal presents a question of first impression in the circuit, namely […]
Securities: Law Debenture Trust Co. of New York v. Maverick Tube Corp.
U.S. Court of Appeals, Second Circuit Securities Law Debenture Trust Co. of New York v. Maverick Tube Corp. 08-5668-cv Appealed from the Southern District of New York Background: The appeal is from a judgment dismissing an action brought by the holders of certain notes issued by the defendant, for breach of contract, unjust enrichment and […]
Job Discrimination: Gorzynski v. Jetblue Airways Corp.
U.S. Court of Appeals, Second Circuit Job Discrimination Gorzynski v. Jetblue Airways Corp. 07-4618-cv Appealed from the Western District of New York Background: The plaintiff appeals the dismissal, on summary judgment, of her employment discrimination action based on claims that she suffered a hostile work environment, age discrimination and retaliation for complaints of race and […]
Arbitration: Ragone v. Atlantic Video
U.S. Court of Appeals, Second Circuit Arbitration Unconscionable Terms Ragone v. Atlantic Video 08-4666 Appealed from the Southern District of New York Background: The case presents questions of law regarding the enforcement of arbitration agreements. Plaintiff-appellant Rita Ragone appeals from the opinion and order of the district court, which granted the motions of defendants-appellants Atlanti[...]
Child Protection: V.S. v. Muhammad
U.S. Court of Appeals, Second Circuit Child Protection Removal — Parental Rights V.S. v. Muhammad 08-5157-cv Appealed from the Eastern District of New York Background: The case is one of several recent cases concerned with what degree of protection municipal employees are afforded when involved in the often thorny process of determining whether to remove […]
Securities: Operating Local 649 v. Smith Barney Fund Management LLC
U.S. Court of Appeals, Second Circuit Securities Operating Local 649 v. Smith Barney Fund Management LLC 07-5125-cv Appealed from the Southern District of New York Background: Plaintiff-appellant Operating Local 649 Annuity Trust Fund appeals from a district court judgment that dismissed claims alleging securities fraud in violation of §10(b) of the Securities Exchange Act of […]
Attorney Fees: McDaniel v. County of Schenectady
U.S. Court of Appeals, Second Circuit Attorney Fees Constitutional Rights Cases McDaniel v. County of Schenectady 07-5580-cv Appealed from the Northern District of New York Background: The plaintiffs appeal from an order of the U.S. District Court for the Northern District of New York approving the settlement of a class action arising from alleged violations […]
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
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