U.S. Court of Appeals for the Second Circuit Standing Injury-in-fact – Actual or Imminent Threat of Harm Knife Rights, Inc. v. Vance 13-4840-cv Judges Katzmann, Kearse and Raggi Background: The plaintiffs appealed from the dismissal of its claim challenging the ...Read More »
New York State Court of Appeals – Commonwealth of Pennsylvania Public School Employees’ Retirement System, et al. v. Morgan Stanley, et al.
New York State Court of Appeals Standing Assignment – Right to Sue Commonwealth of Pennsylvania Public School Employees’ Retirement System, et al. v. Morgan Stanley, et al. No. 104 Judge Stein Background: This case was certified to the Court of ...Read More »
U.S. Court of Appeals for the Second Circuit Standing Dismissed Bankruptcy Petition Crawford v. Franklin Credit Management Corp. 13-2514 Judges Kearse, Jacobs and Lynch Background: The plaintiff appealed from the dismissal of her claims under the Racketeer Influenced and Corrupt ...Read More »
Second Circuit — ERISA — Standing: L.I. Head Start Child Dev. Servs. Inc. v. Econ. Opportunity Comm’n of Nassau County, et al.
U.S. Court of Appeals for the Second Circuit ERISA — Standing Derivative Claims L.I. Head Start Child Dev. Servs. Inc. v. Econ. Opportunity Comm’n of Nassau County, et al. 12-2082-cv Judges Calabresi, Lynch and Chin Background: In a prior lawsuit, ...Read More »
U.S. Court of Appeals for the Second Circuit Standing Concrete and Particularized Interest Amidex Trading Corp. v. S.W.I.F.T. SCRL 09-3293-cv Judges Leval, B.D. Parker and Hall Background: The plaintiff was a New Jersey-based sole proprietorship that sold household cleaning products ...Read More »
U.S. District Court, WDNY RICO RICO Case Statement — Standing Kapner v. Riverside Wine & Liquor, Inc. 09-cv-6565-CJS Judge Siragusa Background: The plaintiff, a former employee of the defendant, alleged that certain directors and managers had conducted illegal activities with ...Read More »
Appellate Division, Fourth Department Creditor/Debtor Action Standing — Business Records Unifund CCR Partners v. Youngman CA 11-00571 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking to recover reasonable attorneys’ fees and the balance owed on ...Read More »
Appellate Division, Fourth Department Standing Nonparty Intervenor Lyman Rice Inc v. Albion Mobile Homes Inc. et al. CA 11-00917 Appealed from Supreme Court, Orleans County Background: The plaintiff commenced an action for conversion and replevin after the defendants refused to ...Read More »
U.S. District Court, WDNY ‘Pro Se’ Standing Fitch v. Arnot Ogden Medical Center, et al. 11-cv-6284T Judge Telesca Background: The plaintiff sought to prevent the defendant from closing its kidney dialysis unit on the grounds that closing the unit ...Read More »
The U.S. Supreme Court’s ruling that an individual convicted under a federal statute implementing an international treaty has standing to challenge the law on Tenth Amendment grounds could have a ripple effect in a host of future cases, from challenges to the federal health care law to drug litigation.Read More »
New York State Court of Appeals Suppression of Evidence Standing People v. Hunter No. 103 Memorandum Background: Following the trial court’s denial of the defendant’s request to suppress evidence from a warrantless search, the defendant was convicted for possession and ...Read More »
U.S. Court of Appeals for the Second Circuit Private Interest Standing In re Attorney Disciplinary Appeal 10-90018-am Judges Cabranes, Sack and Wesley Background: The appellant was a plaintiff in a prior civil case and was seeking a review of the ...Read More »