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Category: Appellate Law
Second Opinions - January 07, 2010
Commerce Clause. The District Court, in United States v. Guzman, had held that 42 U.SC. 16913, which provides that a convicted sex offender must register "and keep the registration current, in each jurisdiction where the offender resides, . . is . . . empl
Second Opinions - January 07, 2010
Lynne Stewart is screwed. Lynne Stewart, attorney for radicals and terrorists (allegedly), is now in deep trouble. The Second Circuit has affirmed her conviction and has even suggested that the District Court may have been too lenient. It probably didn't help that she stated that
Second Opinions - January 07, 2010
Not defamatory. The Second Circuit has held that a news report that a prisoner planned to cooperate with prosecutors was not defematory. Cooperating with law enforcement is not a bad thing.The deciison in Michtavi v. New York Daily News can be
Second Opinions - January 07, 2010
Blurring. A coffee company got sued by Starbucks when it marketed a dark roasted blend that it called Charbucks Blend (and later Mr. Charbucks). The District Court dismissed Starbuck's action, holding that there was no dilution of Starbuck's trademark or likelihood of dilution and
Second Opinions - January 07, 2010
Electronic Filing Cometh. From the Second Circuit website relating to electronic filing in the Second Circuit can be found here.
Second Opinions - January 07, 2010
Qualified Immunity. While caseworkers who allegedly wrongfully remove a child from his home are not entitled to absolute immunity for their actions, the Second Circuit has asserted that they are entitled to qualified immunity, and upheld the ruling of a District Court (while disagr
Second Opinions - October 16, 2009
Cautionary Tale. Not from the Second Circuit, but of interest to appellate practitioners is the decision in Espitia v. Fouche. The Wisconsin Court of Appeal sanctioned a litigant for an citation error.The decision in the case can be found
Second Opinions - October 06, 2009
Aiding and Abetting Alien Torts. The Second Circuit has set a high bar for foreign plaintiffs attempting to use U.S. courts to hold foreign defendants accountable for aiding and abetting human rights violations in foreign lands. Such a defendant may only be found liable if he or s
Second Opinions - September 23, 2009
Superior respondeat (or something). The Second Circuit has held that an employer may be held liable for discrimination by third parties, including independent contractors authorized by the employer to make hiring decisions on its behalf.The decision in Halp
Second Opinions - September 23, 2009
Global warming. The Second Circuit reinstated lawsuits brought by New York State and others who challenged major utilities on carbon dioxide emissions from coal-burning power plants, holding that there was no need for the District Court to defer to the political branches and refrai
Second Opinions - August 24, 2009
Internet radio. The Second Circuit is the first appellate court to determine whether a webcasting service that provides users with individualized internet radio stations, the content of which can be affected by the users ratings of songs, artists and albums, is an interactive servi
Second Opinions - July 27, 2009
Another certified question. The Second Circuit, in Zakrzewska v. New School, certified the following question to the New York State Court of Appeals:Does the affirmative defense to employer liability articulated in
Second Opinions - July 20, 2009
Admission to U.S. Denied. Tariq Ramadan was denied admission into the United States because he had made a donation to a charity that had supplied funds to Hamas and that such contributions were "material support" to a terrorist organization (the charity). The Second Circuit vacate
Criminal Appeal - June 22, 2009
The U.S. Attorney General has promulgated regulations governing opt-in procedures for states seeking fast-track consideration of capital federal habeas cases under AEDPA. As reported by the
Criminal Appeal - June 22, 2009
Dear Court Reporters, Having finished reading another all-capitalized reporter's transcript it's time to again implore you to remember that the proper use of capitalization is not simply a matter of style, but it is more a convention designed to assist the reader and prevent headaches. Cap
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