U.S. Court of Appeals for the Second Circuit Lawful Search Reasonable Suspicion United States v. Singletary 14-3243-cr Judges Leval, Straub and Raggi Background: The defendant was searched on the belief he was violating an open container law. The defendant ran ...

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U.S. Court of Appeals for the Second Circuit Mandatory Victims Restitution Act Victims – Net Losses United States v. Thompson 14-2631-cr Judges Cabranes, Lynch and Droney Background: The defendant appealed from a judgment sentencing him to pay restitution to both ...

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U.S. Court of Appeals for the Second Circuit Immigration – Derivative Citizenship Unwed Fathers – Equal Protection Morales-Santana v. Lynch 11-1252-ag Judges Lohier, Carney and Rakoff Background: The petitioner sought review of a Board of Immigrations Appeals decision that denied ...

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U.S. Court of Appeals for the Second Circuit ERISA Commonly Controlled Business – Withdrawal Liability UFCW Local One Pension Fund v. Enivel Properties, LLC 14-3741-cv(L) Judges Wesley, Livingston and Chin Background: The plaintiffs commenced an action under the Employee Retirement ...

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U.S. Court of Appeals for the Second Circuit Securities Investor Protection Act – Customer Entrustment – Repurchase Agreements CarVal v. Giddens 14-890 Judges Katzmann, Walker and Chin Background: The claimant sought protection under the Securities Investor Protection Act as a ...

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U.S. Court of Appeals for the Second Circuit Right to be Present at Trial Intentional Overdose – Waiver USA v. Yannai 13-4466 Judges Kearse, Jacobs and Raggi Background: The defendant appealed from a judgment convicting him of violations of the ...

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U.S. Court of Appeals for the Second Circuit Individuals with Disabilities in Education Act Stay-Put Provision Violation – Relief Doe v. East Lyme Bd. of Educ. 14-1261-cv(L) Judges Jacobs, Lohier and Sharpe Background: The defendant appeals from a judgment holding ...

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Evidence found on a Rochester man after he was stopped for suspicion of violating the city’s open container law may be used against him, a federal appeals court ruled Tuesday. The U.S. Court of Appeals for the Second Circuit, citing ...

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U.S. Court of Appeals for the Second Circuit Article III Standing Party in Interest – Assignee Cortlandt St. Recovery Corp. v. Hellas Telecommunications, S.a.r.l. 13-3325 Judges Jacobs, Sack and Lynch Background: The plaintiff appealed from a decision that dismissed his ...

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U.S. Court of Appeals for the Second Circuit Racial Discrimination Prima Facie Case – Adverse Employment Action Tolbert v. Smith 14-1012 Judges Lynch, Carney and Koeltl Background: The plaintiff appealed from a judgment that dismissed his complaint alleging claims for ...

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U.S. Court of Appeals for the Second Circuit Habeas Relief Brady Violation – Due Diligence to Obtain Exculpatory Evidence Lewis v. Connecticut Commissioner of Correction 14-193-pr Judges Winter, Walker and Cabranes Background: The petitioner was convicted of a double murder. ...

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U.S. Court of Appeals for the Second Circuit New Trial Newly Discovered Evidence – Fifth Amendment Privilege United States v. Forbes 14-733 Judges Cabranes, Wesley and Hall Background: The defendant was convicted of one count of conspiracy to commit securities ...

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