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

Second Circuit — Collective Bargaining Agreements: Rochester Gas & Elec. Corp. v. Nat’l Labor Relations Bd.

U.S. Court of Appeals for the Second Circuit Collective Bargaining Agreements Right to Bargain — Waiver Rochester Gas & Elec. Corp. v. Nat’l Labor Relations Bd. 10-3448-ag(L) Judges Cabranes, Straub and Livingston Background: Both the union and Rochester Gas & ...

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Second Circuit — Immigration Appeal: Shabaj v. Holder

U.S. Court of Appeals for the Second Circuit Immigration Appeal Jurisdiction — Appealable Issue Shabaj v. Holder 12-703 Judges Kearse, Katzmann and Gleeson Background: The plaintiff applied for a waiver of inadmissibility to the United States’ Citizenship and Immigration Services ...

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Second Circuit — Class Action Fairness Act: Purdue Pharma LP v. Commonwealth of Kentucky

U.S. Court of Appeals for the Second Circuit Class Action Fairness Act Jurisdiction — Filing Under Similar Statute Purdue Pharma LP v. Commonwealth of Kentucky 11-4087-mv Judges Chin, Underhill Background: The Commonwealth of Kentucky and Pike County commenced an action against the ...

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Second Circuit — Bailment: Royal & Sun Alliance Insurance PLC v. IMSCO

U.S. Court of Appeals for the Second Circuit  Bailment Limitations on Liability — Third-Party Contracts Royal & Sun Alliance Insurance PLC v. IMSCO 12-172-cv Judges Calabresi, Lynch and Chin Background: The defendant appealed from a holding finding it liable to ...

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Second Circuit — Nuclear Power Plant Fire Safety Exemption Application: Brodsky v. U.S. Nuclear Regulatory Comm’n

U.S. Court of Appeals for the Second Circuit Nuclear Power Plant Fire Safety Exemption Application Public Hearing Brodsky v. U.S. Nuclear Regulatory Comm’n 11-2016-cv Judges Sack, Raggi and Swain Background: The plaintiffs appealed from an order granting summary judgment to ...

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Second Circuit — Securities Exchange Act: Gibbons v. Malone

U.S. Court of Appeals for the Second Circuit Securities Exchange Act ‘Short-Swing Profit Rule’ Gibbons v. Malone 11-3620-cv Judges Leval, Cabranes and Katzmann Background: The plaintiff shareholder brought a suit seeking the disgorgement of profits that the defendant had realized ...

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Second Circuit — Insulting Gesture to a Police Officer: Swartz v. Insogna

U.S. Court of Appeals for the Second Circuit   Insulting Gesture to a Police Officer  Reasonable Suspicion — Malicious Prosecution Swartz v. Insogna 11-2846-cv Judges Newman, Lynch and Lohier Background: The plaintiffs, while passing through an intersection, noticed a police officer using a ...

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Second Circuit — Appellate Jurisdiction: United States v. Metter

U.S. Court of Appeals for the Second Circuit Appellate Jurisdiction U.S. Attorney Certification United States v. Metter 12-2423 Judges Sack, Chin and Lohier Background: The defendant made a motion to dismiss the government’s appeal from an order suppressing evidence sought ...

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Second Circuit — Long-arm Statute: MacDermid Inc. v. Deiter

U.S. Court of Appeals for the Second Circuit Long-arm Statute Remote Computer Access MacDermid Inc. v. Deiter 11-5388-cv Judges Newman, B.D. Parker and Raggi Background: The plaintiff-appellant appealed from the dismissal of its complaint for lack of personal jurisdiction. The ...

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