Accused cop killer in Florida adopts sovereign citizens defense
On social media, Markeith Loyd’s persona — documented in dozens of Facebook Live videos — was as fluid as his latest mood. Sometimes, he was a down-to-earth, God-fearing boyfriend who was eagerly looking forward to fatherhood. Other times, he was a weightlifting, womanizing “street legend” whose goal was to be on the television show “America’s […]
Second Circuit – EM Ltd. et al. v. Banco Central de la Republica Argentina et al.
U.S. Court of Appeals for the Second Circuit Sovereign Immunity – National Bank Alter Ego – Subject Matter Jurisdiction EM Ltd. et al. v. Banco Central de la Republica Argentina et al. 13-3819-cv(L) Judges Cabranes, Wesley and Hall Background: At issue are the plaintiffs’ ongoing efforts to satisfy their judgments against Argentina stemming from actions […]
Court: Seneca course not immune
ALBANY (AP) — The Seneca Indian Nation’s golf course in western New York lacks sovereign immunity and can be sued, the state’s highest court ruled Tuesday. The Court of Appeals said the 18-hole course, incorporated in 2007 under laws of the federally recognized Seneca Nation, is not part of any reservation and not sovereign land. […]
Second Circuit — Sovereign Immunity: Blue Ridge Investments, LLC v. Republic of Argentina
U.S. Court of Appeals for the Second Circuit Sovereign Immunity Waiver — Arbitration Award Blue Ridge Investments, LLC v. Republic of Argentina 12-4139-cv Judges Cabranes and B.D. Parker Background: The defendant sought to dismiss a petition to confirm an arbitration award filed by the petitioner on the grounds of sovereign immunity. The defendant argued that […]
Suit against Seneca Nation can proceed
A Lewiston golf course, owned by an entity of the Seneca Nation of Indians, is not protected by the Nation’s sovereign immunity from a lawsuit by a Cattaraugus County contractor claiming breach of contract and fraud, an appellate court has ruled. The Appellate Division, Fourth Department, in a unanimous decision issued June 14, found the […]
Foreclosure: Oneida Indian Nation of New York v. Madison County and Oneida County
U.S. Court of Appeals for the Second Circuit Foreclosure Sovereign Immunity — Notice Oneida Indian Nation of New York v. Madison County and Oneida County 05-6408-cv Judges Cabranes, Sack and Hall Background: In separate actions, the Oneida Indian Nation brought suit against Madison and Oneida counties to enjoin them from assessing property tax on property […]
Sovereign Immunity: Hazi v. Bank Melli Iran
U.S. Court of Appeals, Second Circuit Sovereign Immunity Attachment Hazi v. Bank Melli Iran 09-3034-cv Appealed from the Eastern District of New York Background: On Feb. 25, 1996, Ira Weinstein, a United States citizen and resident of New York, was severely injured during a suicide bombing in Jerusalem organized by the terrorist organization Hamas. On […]
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
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- 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