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Category: Appellate Law
Second Opinions - December 15, 2010
Reissued Order. The Board of Immigration Appeals dismissed a petitioner's appeal on the ground that no brief was filed within the time scheduled by the Court. The reason for this was that her attorney withdrew, and her new attorney moved for reconsideration. Within 30 days of the
Second Opinions - December 15, 2010
Attorneys' Fees. The Second Circuit has held that an attorney appearing pro se in a bankruptcy proceeding is not entitled to seek attorneys' fees under Bankruptcy Code 7430 after prevailing in challenging a claim filed against him in the bankruptcy court.The de
Second Opinions - December 15, 2010
Ooooh, technical. In Local Union 36, International Brotherhood of Electrical Workers, AFL-CIO v. NLRB, the Second Circuit dealt with a technical issue. The NLRB sought to have the case transferred to the DC Circuit because it had not been served with a co
Second Opinions - December 15, 2010
No private right of action. The Second Circuit had held that a federal statute that bars discrimination against health care workers who refuse to participate in abortion procedures does not create a private cause of action. In Cenzon-DeCarlo v. Mount Sinai Hospital
Second Opinions - December 15, 2010
She's arrived! Who has? Why the daughter of my latest law student blogger adoptee, Izzie, that's who. She's named Z, at least on the blog, and Izzie has been stingy with pictures, but I'm sure
Second Opinions - December 15, 2010
Extraterritorial reach. The Second Circuit has held that the RICO statute does not have extraterritorial reach. The decision in Norex Petroleum Limited v. Access Industries, Inc. can be found
Second Opinions - August 17, 2010
No tax. The Indian and Mongolian missions are not subject to taxation, pursuant to a Notice issued by the State Department, pursuant to its authority under the Foreign Missions Act. The Notice establishes an exemption from real property taxes on property owned by foreign governmen
Second Opinions - August 02, 2010
No arbitration. The Second Circuit has held that an arbitration clause in a promissory note was unconscionable under California law because of class-action and class-arbitration provisions. Accordingly, the plaintiff, in Fensterstock v. Education Finance Partners
Second Opinions - August 02, 2010
Top Guns. While the Second Circuit is one of the most important commercial courts in the United States, we rarely get a number of top gun attorneys appearing in a single case. In Fox Television Statements, Inc. v. FCC. Three top well-known appellate lawy
Second Opinions - August 02, 2010
Psychedelic Drug Blawg. My friend and colleague Noah Potter has entered the blawgosphere with a new blog, which deals in large part, with medical marijuana issues. You can find the New Amsterdam Psychedelic Law Blog her
Second Opinions - June 24, 2010
Wrong. The Appellate Division, Third Department has disagreed with the Second Circuit on the constitutionality of New York's persistent felony offenders sentencing statute. In People v. Battease, the Third Department rejected the defendant's contention th
Second Opinions - June 22, 2010
EFTs. The Second Circuit has held that electronic fund transfers temporarily in the possession of an intermediate bank in New York may not be garnished. The decision in Export-Import Bank of the United States v. Asia Pulp & Paper Co. can be found
Second Opinions - June 04, 2010
Costs. The Second Circuit has held that a district court was not restricted in any way from awarding a successful appellant as a cost the expense of obtaining a letter of credit in order to bond an appeal. The mandate of the appellate court does not have to specify what costs may
Second Opinions - May 24, 2010
Certified questions. This time the questions are certified to the Vermont Supreme Court. The case, Hunt Construction Group, Inc. v. Brennan Beer Gorman/Architects, P.C., involves a dispute between a general contractor and design professionals. The Distr
Second Opinions - May 24, 2010
More certified questions. This time the questions are being certified to the Connecticut Supreme Court. The case, Arrowood Indemnity Co. v. King, involves an insurance company's disclaimer of liability purportedly because the accident at issue did not occ
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