Free Newsletter
Federal court sentence will be reviewed
A man convicted of federal drug charges in 2009 will have part of his sentence reconsidered because of a 2010 law that revamped sentencing guidelines after he was convicted. The U.S. Court of Appeals for the Second Circuit on Friday ruled that U.S. District Court Judge Charles J. Siragusa’s prior ruling denying a motion for […]
Second Circuit tosses convictions of British ex-bankers
NEW YORK (AP) — A U.S. appeals court cited the Fifth Amendment right to be free from self-incrimination as it reversed the convictions Wednesday of two British ex-bankers charged with conspiring to manipulate the primary benchmark for global short-term interest rates. The 2nd U.S. Circuit Court of Appeals in Manhattan said the 2015 trial of […]
Court reinstates convicted mobster’s 40-year sentence
A federal appeals court has reinstated the full 40-year prison sentence of a convicted mobster credited with providing the FBI information about hidden explosives in the 1995 Oklahoma City bombing plot. The U.S Court of Appeals for the Second Circuit ruled Thursday that U.S. District Judge Edward Korman overstepped his authority when he reduced Gregory […]
Conviction of state Sen. Thomas Libous vacated after death
NEW YORK (AP) — The conviction of a late New York state lawmaker on charges of lying to the FBI was overturned by an appeals court citing a legal doctrine known as abatement by death, which allows a felon’s estate to move to have such a conviction vacated. The ruling by the 2nd U.S. Circuit […]
Second Circuit affirms drug convictions and $1 million forfeiture
The U.S. Court of Appeals for the Second Circuit has affirmed the convictions and sentences of two men convicted in a 2009 drug trafficking case. In October 2009, after a six-week trial before U.S. District Court Judge Charles J. Siragusa, a federal jury convicted Kevin Lamont Anderson, and Willie Grimes in the case, according to the U.S. Attorney’s […]
Second Circuit finds child porn sentence excessive
The U.S. Court of Appeals for the Second Circuit has ordered a former Ontario County man convicted of child pornography charges to be resentenced even though the original sentence was within federal guidelines. Joseph Vincent Jenkins, of Geneva, was 39 when he was convicted in February 2014 of possession and transportation of child pornography. He […]
NY senator’s conviction and 7-year sentence upheld
A former New York state senator was properly convicted and sentenced to seven years in prison, an appeals court said Thursday. The 2nd U.S. Circuit Court of Appeals in Manhattan rejected the arguments of Malcolm Smith nearly two years after the Democrat was convicted of trying to pay off local Republican leaders so he could […]
Contempt ruling upheld against Internet streaming company
NEW YORK — A federal appeals court on Tuesday upheld a judge’s contempt ruling against a company that continued streaming TV shows over the Internet after the Supreme Court outlawed the system used to do it. The U.S. Circuit Court of Appeals, Second Circuit, in Manhattan, rejected FilmOn.com Inc.’s claims that a judge abused his […]
Second Circuit – Class Definition: Breecher v. Republic of Argentina
U.S. Court of Appeals for the Second Circuit Class Definition Ascertainability – Damages Breecher v. Republic of Argentina 14-4385 Judges Calabresi, Raggi and Wesley Background: The defendant appealed from an order that modified the class definition in this class action wherein it was alleged that the defendant refused to meet its bond payment obligations. The […]
Second Circuit – Drug Testing Companies: Pasternack v. Laboratory Corporation
U.S. Court of Appeals for the Second Circuit Drug Testing Companies Negligence – Duty of Care Pasternack v. Laboratory Corporation 14-4101 Judges Wesley, Hall and Chin Background: The plaintiff appealed from the dismissal of his claims against the defendant drug testing companies who allegedly mishandled a random drug test. The plaintiff is a physician and […]
Second Circuit – Arbitration Award: United Brotherhood of Carpenters v. Tappan Zee Constructors
U.S. Court of Appeals for the Second Circuit Arbitration Award Subsequent Award Following Appeal United Brotherhood of Carpenters v. Tappan Zee Constructors 15-1002 Judges Raggi and Wesley Background: The underlying case involves a disputed assignment of construction work on the Tappan Zee Hudson River Crossing project. The arbitrator made an award, but made a contrary […]
Second Circuit – Fair Debt Collection Practices Act: Benzemann v. Citibank
U.S. Court of Appeals for the Second Circuit Fair Debt Collection Practices Act Statute of Limitations – Violation of Act Benzemann v. Citibank 14-2668 Judges Cabranes, Pooler and Chin Background: The plaintiff appealed from the dismissal of his claims under the Fair Debt Collections Practices Act and Due Process Clause of the Fourteenth Amendment. Ruling: […]
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
Polls
Loading ...