U.S. Court of Appeals, Second Circuit Immigration Ahmed v. Holder 09-4247-ag Appealed from the Board of Immigration Appeals Background: The case presents a petition for review of a final order of removal entered by the Board of Immigration Appeals. Gamal ...

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U.S. Court of Appeals, Second Circuit Class Actions Myers v. The Hertz Corp. 08-1037-cv Appealed from the Eastern District of New York Background: Plaintiff-Appellant Jennifer Myers brought action in 2002 asserting claims against The Hertz Corp. for violations of the ...

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U.S. Court of Appeals, Second Circuit Tax Protester Federal Jurisdiction U.S. v. Drachenberg 09-3114-cr Appealed from the Western District of New York Background: The appeal is from a judgment convicting Richard R. Drachenberg of conspiring to evade income taxes. The ...

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U.S. Court of Appeals, Second Circuit ‘Habeas Corpus’ Multiple Petitions Quezada v. Smith 10-2738-op Application for leave to file petition Background: The pending motion for leave of the court to file in a district court a second petition for a ...

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U.S. Court of Appeals, Second Circuit Unfair Competition Consumer Confusion Famous Horse Inc. v. 5th Avenue Photo Inc. 08-4523-cv Appealed from the Southern District of New York Background: The appellant operates a chain of stores in the New York are, ...

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U.S. Court of Appeals, Second Circuit Immigration Wellington v. Holder 09-4111-ag Appealed from the Board of Immigration Appeals Background: Maxine Elizabeth Wellington seeks review of a final order of removal. She argues the BIA erred in finding her “convicted” of ...

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U.S. Court of Appeals, Second Circuit Capital Cases Summations — Reversible Error U.S. v. Whitten 07-1320-cr Poll requested as to en banc review Background: Ronell Wilson, a violent gang member who favored the nickname “Rated R,” shot and killed two ...

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U.S. Court of Appeals, Second Circuit Professional Responsibility Communication of Plea Offer U.S. v. Brown 08-1207-cr Appealed from the Western Districts of New York Background: On appeal, defendant-appellant Chad Marks argues the district court erred by refusing to hear his ...

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U.S. Court of Appeals, Second Circuit Trade Regulation Tobacco Freedom Holdings Inc. v. Cuomo 09-0547-cv Appealed from the Southern District of New York Background: The appeal is from a decision entered after a bench trial, which rejected the plaintiffs’ Sherman ...

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U.S. Court of Appeals, Second Circuit Sentencing Persistent Felony Offenders Portalatin v. Phillips 07-1599-pr Appealed from the Southern/Eastern Districts of New York Background: Habeas petitioners are challenging the constitutionality of sentences imposed pursuant to New York’s persistent felony offender statute. ...

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U.S. Court of Appeals, Second Circuit Class Actions Attorneys’ Fees Victor v. Argent Classic Convertible Arbitrage Fund 08-4904-cv Appealed from the Southern District of New York Background: Under the common fund doctrine, attorneys who create a fund for the benefit ...

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U.S. Court of Appeals, Second Circuit Excessive Force Post-Restraint Force Tracy v. Freshwater 08-1769-cv Appealed from the Northern District of New York Background: The district court awarded summary judgment to the defendants. Tracy contends on appeal that the district court ...

Tagged with: Excessive Force Second Circuit U.S. Court of Appeals