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Second Circuit — Fire Insurance: Quaker Hills, LLC v. Pacific Indemnity Co.
U.S. Court of Appeals for the Second Circuit Fire Insurance Co-insurance — Apportionment Clauses Quaker Hills, LLC v. Pacific Indemnity Co. 11-3670 (L) Judges Kearse, Winter and Pooler Background: The defendant issued a fire insurance policy to the plaintiff on a custom-built home that was destroyed by a fire during the policy period. The parties […]
Second Circuit — Plea: United States v. Tarbell
U.S. Court of Appeals for the Second Circuit Plea Voluntary — Separate Confidential Cooperation Agreement United States v. Tarbell 12-3055-cr Judges Cabranes, Straub and Carney Background: The defendant appealed from his conviction following a plea arguing that his plea was not voluntary as the court did not inquire into a separate confidential cooperation agreement before […]
Second Circuit — Fifth Amendment: United States v. Okatan
U.S. Court of Appeals for the Second Circuit Fifth Amendment Non-custodial Interrogation United States v. Okatan 12-1563-cr Judges Lynch, Lohier and Carney Background: The defendant was convicted of three counts relating to his transportation of illegal aliens into the United States. The defendant sought to exclude the statements he made in a non-custodial interrogation prior […]
Second Circuit — Age Discrimination Lawsuit Settlement: Gerstenbluth v. Credit Suisse, et al.
U.S. Court of Appeals for the Second Circuit Age Discrimination Lawsuit Settlement FICA Wages — Intent of the Payor Gerstenbluth v. Credit Suisse, et al. 12-4125 Judges Pooler, Lohier and Carney Background: The plaintiff sued his former employer and the IRS seeking a refund of Federal Insurance Contribution Act taxes withheld by the employer and […]
Second Circuit — Amended Orders: NML Capital, Ltd. v. Republic of Argentina
U.S. Court of Appeals for the Second Circuit Amended Orders Injunctions — Bondholders NML Capital, Ltd. v. Republic of Argentina 12-105(L) Judges Pooler, B.D. Parker and Raggi Background: The defendant and non-party appellants and intervernors appealed from amended orders that sought to explain aspects of the prior order, which were designed to remedy Argentina’s breach […]
Second Circuit — Terrorist Acts — Entrapment: United States of America v. Cromitie (Williams)
U.S. Court of Appeals for the Second Circuit Terrorist Acts — Entrapment Government’s Outrageous Conduct — Perjured Testimony United States of America v. Cromitie (Williams) 11-2763(L) Judges Jacobs, Newman and Raggi Background: Four defendants appealed from their conviction and sentence for a terrorism plot to launch missiles at military airplanes and bomb two synagogues. They […]
Second Circuit — Alien Tort Statute: Balintulo v. Daimler AG
U.S. Court of Appeals for the Second Circuit Alien Tort Statute Extraterritorial Conduct Balintulo v. Daimler AG 09-2778-cv(L) Judges Cabranes, Hall and Livingston Background: The plaintiffs sought damages for violations of customary international committed by the South African government, allegedly aided and abetted by the South African subsidiary companies of the corporate defendants. The plaint[...]
Second Circuit — Relation Back Doctrine: Askins v. City of New York, et al.
U.S. Court of Appeals for the Second Circuit Relation Back Doctrine Waiver Askins v. City of New York, et al. 12-877-cv Judges Leval, Raggi and Livingston Background: The plaintiff appealed from a judgment dismissing his claims of false arrest and malicious prosecution against the defendants. The plaintiff sought to amend his complaint to replace the “John […]
Second Circuit — Defamation: Dongguk University v. Yale University
U.S. Court of Appeals for the Second Circuit Defamation Media Scandal — First Amendment Dongguk University v. Yale University 12-2698-cv Judges Fuentes, Smith and Fisher Background: A university located in South Korea brought a defamation, negligence, and reckless conduct suit against Yale over a false Ph.D. The plaintiff had hired an art history professor after the […]
Second Circuit — Copyright Infringement: Unclaimed Property Recovery Service, Inc. v. Kaplan
U.S. Court of Appeals for the Second Circuit Copyright Infringement Legal Documents — Irrevocable Authorization Unclaimed Property Recovery Service, Inc. v. Kaplan 12-4030 Judges Leval, Katzmann and Hall Background: The plaintiffs appealed from the dismissal of its claim of copyright infringement. The claim arose when the plaintiffs authorized the clients of the defendant attorney to file a [&[...]
Second Circuit — Probable Cause: United States v. Stokes
U.S. Court of Appeals for the Second Circui Probable Cause Inevitable Discovery — Contingencies Precluding Probable Cause United States v. Stokes 12-2843-cr Judges Winter, Hall and Lynch Background: The defendant appealed from a judgment convicting him of one count of possession of a firearm as a convicted felon and one count of possession of a […]
Second Circuit — Assault: United States of America v. Corey Davis
U.S. Court of Appeals for the Second Circuit Assault Maritime Jurisdiction — Judicial Notice United States of America v. Corey Davis 11-2325-cr Judges Cabranes, Wesley and Furman Background: The defendant appealed from a judgment convicting him of assault resulting in serious bodily injury. The assault took place while he was incarcerated. The defendant argued that the […]
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
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