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Tag Archives: u.s. court of appeals for the second circuit

Second Circuit — Breach of Franchise Agreement: Giuffre Hyundai v. Hyundai Motor America

U.S. Court of Appeals for the Second Circuit Breach of Franchise Agreement Fraudulent Conduct — Right to Cure Giuffre Hyundai v. Hyundai Motor America 13-1886 Judges Straub, Sack and Lohier Background: The plaintiff sought to enjoin the termination of its ...

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Second Circuit — Real Estate Settlement Procedures Act: Roth v. CitiMortgage, Inc.

U.S. Court of Appeals for the Second Circuit Real Estate Settlement Procedures Act Qualified Written Requests Roth v. CitiMortgage, Inc. 13-3839-cv Judges Walker, Chin and Droney Background: The defendant services a second residential mortgage for the plaintiff. The plaintiff alleged ...

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Second Circuit — Architectural Liability: Dormitory Authority v. Continental Casualty

U.S. Court of Appeals for the Second Circuit Architectural Liability Design Flaws — Structural vs. Aesthetic Dormitory Authority v. Continental Casualty 13-1671 Judges Jacobs, Pooler and Roman Background: The insurer of an architectural firm that designed the plaintiff owner’s building ...

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Second Circuit — First Amendment: Castine v. Zurlo

U.S. Court of Appeals for the Second Circuit First Amendment Retaliation — Government Employee Seeking Public Office Castine v. Zurlo 13-1834 Judges Jacobs, Leval and Pooler Background: The plaintiff appealed from a judgment dismissing her complaint against Clinton County and ...

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Second Circuit — Indian Tribe: Stockbridge-Munsee v. State of New York, et al.

U.S. Court of Appeals for the Second Circuit  Indian Tribe Land Dispossession — Barred by Equitable Doctrines Stockbridge-Munsee v. State of New York, et al. 13-3069 Judges Jacobs, Straub and Raggi Background: The plaintiffs are a federally recognized Indian tribe ...

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Second Circuit — Fair Labor Standards Act: Brown v. NYC Dep’t of Educ.

U.S. Court of Appeals for the Second Circuit Fair Labor Standards Act Overtime Wages — Volunteer Exception Brown v. NYC Dep’t of Educ. 13-139-cv Judges Pooler, Raggi and Wesley Background: The plaintiff appealed from the award of summary judgment in ...

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Second Circuit — Fourth Amendment Seizure: United States v. Granias

U.S. Court of Appeals for the Second Circuit  Fourth Amendment Seizure Personal Records — Juror Comments on Facebook United States v. Granias 12-240-cr Judges Hall, Chin and Restani Background: The defendant appealed from his conviction of tax evasion. He argued ...

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Second Circuit — Bankruptcy: In re: Motors Liquidation Co.

U.S. Court of Appeals for the Second Circuit Bankruptcy UCC-3 Termination Statement — Authorization In re: Motors Liquidation Co. 13-2187-bk Judges Winter, Wesley and Carney Background: United States Bankruptcy Court held that a mistakenly filed UCC-3 termination statement was unauthorized ...

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Second Circuit — Sex Offender Registration Act Amendments: Doe v. Cuomo

U.S. Court of Appeals for the Second Circuit Sex Offender Registration Act Amendments Ex Post Facto — Regulatory in Nature Doe v. Cuomo 12-4288-cv Judges Leval, Hall and Lohier Background: The plaintiff appealed from summary judgment in favor of the ...

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Second Circuit — Maritime Law: D’Amico Dry Limited v. Primera Maritime, et al.

U.S. Court of Appeals for the Second Circuit Maritime Law  Enforcing Foreign Judgment — U.S. Maritime Standards D’Amico Dry Limited v. Primera Maritime, et al. 11-3473-cv Judges Katzmann, Leval and Cabranes Background: The plaintiff appealed from the dismissal of its ...

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