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Second Circuit — Immigration — Order of Deportation: United States v. Gill
U.S. Court of Appeals for the Second Circuit Immigration — Order of Deportation Aggravated Felony — Pre-Repeal of Section 212 (c) United States v. Gill 12-2207-cr Judges Katzmann, Winter and Calabresi Background: At issue is whether the defendant can sustain a collateral challenge to his order of deportation, which is a defense to a prosecution […]
Second Circuit — Sentencing Enhancement: United States v. Penna
U.S. Court of Appeals for the Second Circuit Sentencing Enhancement Obstruction of Justice — Perjury United States v. Penna 13-1787 Judges Jacobs, Pooler and Roman Background: The defendant appealed from a order convicting him of conspiracy to distribute and possess with intent to distribute a controlled substance. He argued that it was improper to apply […]
Second Circuit — Foreign-Issued Securities: City of Pontiac v. UBS AG et al.
U.S. Court of Appeals for the Second Circuit Foreign-Issued Securities Extraterritorial Application of the Securities Exchange Act City of Pontiac v. UBS AG et al. 12-4355-cv Judges Cabranes, Hall and Chin Background: At issue is whether the bar on extraterritorial application of the United States securities laws precludes claims arising out of foreign-issued securities purchased […]
Second Circuit — Comprehensive Environmental Response, Compensation and Liability Act: In re September 11 Litigation
U.S. Court of Appeals for the Second Circuit Comprehensive Environmental Response, Compensation and Liability Act Act of War In re September 11 Litigation 10-4197-cv Judges Jacobs, Cabranes and Livingston Background: The appellant real estate developer sued the owners and lessees of the World Trade Center under the Comprehensive Environmental Response, Compensation, and Liability Act. It appeal[...]
Second Circuit — False Arrest: Betts v. Shearman, et al.
U.S. Court of Appeals for the Second Circuit False Arrest Probable Cause — Complainant — False Accusations Betts v. Shearman, et al. 13-619-cv Judges Winter, Walker and Wesley Background: The plaintiff commenced a section 1983 action alleging that his arrest was based on false accusations made by a complaining victim. He appeals from the dismissal […]
Second Circuit — ERISA: Alcantara v. Bakery & Confectionery Union & Indus. Int’l Pension Fund
U.S. Court of Appeals for the Second Circuit ERISA Retirement Benefits — Anti-cutback Rule Alcantara v. Bakery & Confectionery Union & Indus. Int’l Pension Fund 12-4834-cv(L) Judges Kearse, Jacobs and B.D. Parker Background: The district court held that the anti-cutback rule of the Employee Retirement Income Security Act precludes plan amendments that reduce retirement-type subsidie[...]
Second Circuit — Effective Assistance of Counsel: United States v. Griffiths
U.S. Court of Appeals for the Second Circuit Effective Assistance of Counsel Court Appointed — Attorney Incapacity United States v. Griffiths 13-2102-cv Judges Cabranes, Lynch and Lohier Background: The defendant appealed from a judgment of conviction on one count of making false statements to the government, one count of obstruction of justice and one count […]
Second Circuit — Guilty Plea: United States v. Yousef
U.S. Court of Appeals for the Second Circuit Guilty Plea Extraterritorial Application of Criminal Statute — Nexus with United States United States v. Yousef 12-4822 Judges Sack, Lynch and Lohier Background: The defendant appealed following his plea of guilty to one count of conspiring to provide material support to a designated foreign terrorist organization. The […]
Second Circuit — RICO: European Community v. RJR Nabisco
U.S. Court of Appeals for the Second Circuit RICO Extraterritorial Conduct — Foreign Agency — Diversity Jurisdiction European Community v. RJR Nabisco 11-2475-cv Judges Leval, Sack and Hall Background: The plaintiffs appealed from the dismissal of their RICO claims against the defendant. The plaintiffs alleged that defendant directed, managed and controlled a global money-laundering scheme [&h[...]
Second Circuit — Sex Offender Registration and Notification Act: United States v. Lott
U.S. Court of Appeals for the Second Circuit Sex Offender Registration and Notification Act Retroactive Applicability United States v. Lott 12-5002-cr Judges Walker, Cabranes and Parker Background: The defendant appealed from a 64-month sentence imposed following his guilty plea for failure to register as a sex offender. He argues that the indictment should have been […]
Second Circuit — Class Action Fairness Act: Cutrone v. Mortgage Electronic Registration Systems, Inc.
U.S. Court of Appeals for the Second Circuit Class Action Fairness Act Removal — Timeliness Cutrone v. Mortgage Electronic Registration Systems, Inc. 14-455-cv Judges Walker, Chin and Droney Background: The defendant appealed from an order that found the defendant’s notice of removal untimely and remanded the putative class action to state court. At issue is […]
Second Circuit — Freedom of Information Act: The New York Times Company v. United States
U.S. Court of Appeals for the Second Circuit Freedom of Information Act Exemptions — Legal Analysis — Waiver The New York Times Company v. United States 13-422-cv Judges Newman, Cabranes and Pooler Background: The plaintiff appealed from the dismissal of its action commenced under the Freedom of Information Act seeking documents relating to targeted killings […]
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
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