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Second Circuit – Mortgage-backed Securities – Breach of Implied Covenant of Good Faith: Deutsche Bank National v. Quicken Loans
U.S. Court of Appeals for the Second Circuit Mortgage-backed Securities – Breach of Implied Covenant of Good Faith Statute of Limitations – Accrual Deutsche Bank National v. Quicken Loans 14-3373 Judges Straub, Wesley and Livingston Background: After the Federal Housing Finance Agency filed a summons with notice in state court asserting breach of contractual obligations […]
Second Circuit – Class Action Certification: Sergeants Benevolent Ass’n v. Sanofi Aventis US
U.S. Court of Appeals for the Second Circuit Class Action Certification Causation – Dismissal of Individual Claims Sergeants Benevolent Ass’n v. Sanofi Aventis US 14-2318-cv Judges Cabranes, Livingston and Droney Background: The plaintiffs appealed from an order that denied their motion to certify a proposed class and granted the defendants’ motion for summary judgment. The […]
Second Circuit – Habeas Corpus: Martinez v. Superintendent of Eastern Correctional Facility
U.S. Court of Appeals for the Second Circuit – Habeas Corpus Equitable Tolling – Reasonable Diligence Martinez v. Superintendent of Eastern Correctional Facility 14-1513 Judges Walker, Jacobs and Livingston Background: The petitioner appealed from the denial of his petition for a writ of habeas corpus. The district court held that the petitioner was not entitled […]
Second Circuit – Sentencing Guidelines – Racketeering: USA v. Messina
U.S. Court of Appeals for the Second Circuit Sentencing Guidelines – Racketeering History of Violence – Organized Crime USA v. Messina 14-1219 Judges Calabresi, Cabranes and Raggi Background: The defendant appealed from a judgment of conviction for racketeering conspiracy. He argues that the court erred in sentencing him to a below-Guidelines term of 18 years […]
Second Circuit – Jurisdiction: Falco v. Justices of the Matrimonial Parts of the Sup. Ct. of Suffolk Cnty.
U.S. Court of Appeals for the Second Circuit – Jurisdiction Abstention – Younger Abstention Doctrine Falco v. Justices of the Matrimonial Parts of the Sup. Ct. of Suffolk Cnty. 15-863-cv Judges Sack, Lohier and Carney Background: The plaintiff appealed from an order granting the defendants’ motion to dismiss based on the Younger abstention doctrine. The […]
Second Circuit – Employment Discrimination: Kazolias v. IBEW
U.S. Court of Appeals for the Second Circuit Employment Discrimination Discriminatory Intent – Expressions of Resentment Kazolias v. IBEW 13-4566 Judges Leval, Lynch and Droney Background: The plaintiffs are members of an electrical union who alleged a number of claims under the Age Discrimination in Employment Act, as well as the Labor-Management Reporting and Disclosure […]
Second Circuit – Summons – Attorney-Client Privilege: Schaeffler v. USA
U.S. Court of Appeals for the Second Circuit Summons – Attorney-Client Privilege Document Sharing – Common Legal Interest Schaeffler v. USA 14-1965-cv Judges Winter, Walker and Droney Background: The plaintiffs appealed from an order from a magistrate judge that denied their petition to quash an IRS summons. Ruling: The Second Circuit vacated and remanded. The […]
Second Circuit – Public Utility Regulatory Policies Act: ALLCO v. Klee
U.S. Court of Appeals for the Second Circuit Public Utility Regulatory Policies Act Preemption – Standing ALLCO v. Klee 15-20 Judges Katzmann, Hall and Livingston Background: The plaintiff appealed from the dismissal of his complaint. The plaintiff commenced an action against Connecticut’s Department of Energy and Environmental Protection alleging that the Commissioner’s actions to award [&h[...]
Second Circuit – Signed Stipulation: Gomez v. City of New York
U.S. Court of Appeals for the Second Circuit Signed Stipulation No Client Consent – Fact Finding Hearing Gomez v. City of New York 14-3583 Judges Katzmann, Pooler and Chin Background: Following a final judgment, the plaintiff appealed from the denial of his motion for relief from a stipulation dismissing most of his claims. The plaintiff’s […]
Second Circuit – Social Security Disability: Lesterhuis v. Colvin
U.S. Court of Appeals for the Second Circuit Social Security Disability Medical Opinion – Substantial Evidence Lesterhuis v. Colvin 14-3779 Judges Katzmann, Pooler and Chin Background: The plaintiff appealed from the grant of the defendant’s motion for judgment on the pleadings. At issue is a medical opinion provided by one of the plaintiff’s treating physicians […]
Second Circuit – Obstruction of Governmental Administration: Uzoukwu v. Krawiecki
U.S. Court of Appeals for the Second Circuit Obstruction of Governmental Administration Failure to Respond to Police Questioning Uzoukwu v. Krawiecki 13-3483-cv Judges Winter, Pooler and Sack Background: The pro se plaintiff appealed from an order that dismissed his claims against the defendant alleging false arrest and excessive force, after a jury returned a verdict […]
Second Circuit – Due Process: Atterbury v. U.S. Marshals Service
U.S. Court of Appeals for the Second Circuit Due Process Wrongful Termination – Administrative Procedure Act Atterbury v. U.S. Marshals Service 14-2805 Judges Lynch, Lohier and Carney Background: The plaintiff appealed from a judgment that dismissed his complaint for failure to state a claim and for lack of subject-matter jurisdiction. The plaintiff alleged that the […]
Case Digests
- Court of Appeals – Speedy trial: People v. Justice A.
- Fourth Department – Traffic stop: People v. McMillon
- Second Circuit – Fair Labor Standards Act: Abbott v. Comme Des Garcons, Ltd.
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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