U.S. Court of Appeals for the Second Circuit  First Amendment “In God We Trust” — National Currency Newdow v. United States 13-4049-cv Judges Parker, Hall and Matsumoto Background: The plaintiff appealed from the dismissal of his Establishment Clause and Free ...

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U.S. Court of Appeals for the Second Circuit  Evidence Good Faith Compliance Prosecutor Misconduct — Fair Trial United States v. Certified Environmental Services, Inc. 11-4872(L) Judges Raggi, Carney and Rakoff Background: The parties appealed from judgments of conviction on 15 ...

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U.S. Court of Appeals for the Second Circuit ‘Miranda’ Right to Counsel — Pre-Custody Invocation USA v. Medunjanin 2-4724 Judges Kearse, Wesley and Droney Background: The defendant appealed from his conviction of terrorism-related crimes involving a conspiratorial plan at the ...

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U.S. Court of Appeals for the Second Circuit Market Timing Negligence — Inconsistent Application of Mutual Fund Policies SEC v. O’Meally 13-1116 Judges Jacobs, Calabresi and Pooler Background: The defendant, a broker, traded on his clients’ behalf using a mutual-fund ...

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U.S. Court of Appeals for the Second Circuit Maritime Jurisdiction Fistfight on Navigable Waters Tandon v. Ulbrick 13-461 Judges Katzmann, Livingston and Carter Background: The petitioner appealed from the dismissal of its tort claim for lack of subject matter jurisdiction. ...

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U.S. Court of Appeals for the Second Circuit Takings Ripeness — Unfair and Repetitive Procedures to Delay Final Decision Sherman v. Town of Chester 13-1503-cv Judges Straub, Sack and Lohier Background: The plaintiff appeals from the dismissal of his complaint. ...

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U.S. Court of Appeals for the Second Circuit Grand Jury Witness Absolute Immunity — False Testimony Morales v. City of New York 13-2126-cv Judges Kearse, Lohier and Carney Background: The plaintiff appealed from the dismissal of his complaint alleging that ...

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U.S. Court of Appeals for the Second Circuit Rehabilitation Act Forced Hospitalization and Medication — Failure to State a Claim McGugan v. Aldana-Bernier 12-4165-cv Judges Levall, Hall and Lohier Background: The plaintiff commenced an action against a hospital and four ...

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U.S. Court of Appeals for the Second Circuit  Securities Fraud Extraterritorial Conduct — Domestic Security Transaction United States v. Mandell 12-1967(L) Judges Wesley, Carney and Wallace Background: The defendant appealed from his conviction for numerous counts of conspiracy to commit ...

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U.S. Court of Appeals for the Second Circuit Right of Counsel Competency — Delay of Proceedings United States v. Kerr 11-5462-cr(L) Judges Kearse, Parker and Hall Background: The defendant appealed from a conviction following his mid-trial guilty plea of possession ...

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U.S. Court of Appeals for the Second Circuit Sentencing Enhancement Prior Conviction of Aggravated Sexual Abuse — Involvement of a Minor United States v. Lockhart 13-602 Judges Katzmann, Straub and Lohier Background: The defendant appealed from a judgment of conviction ...

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U.S. Court of Appeals for the Second Circuit  Americans With Disabilities Act Polling Locations — Accessibility Disabled in Action, et al. v. Bd. of Elections in the City of New York, et al. 12-4412-cv Judges Cabranes, Hall and Chin Background: ...

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