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

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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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