2012 Second Circuit US Court of Appeals Case Law

United States v. Metter  
Date: December 27, 2012
Docket Number: 12-2423

Justia Opinion Summary: Defendant moved to dismiss the government's interlocutory appeal from an order of the district court suppressing certain evidence in connection with a criminal trial. The court concluded that the U.S. Attorney's certific...

Langrock Sperry & Wool, LLP v. Citigroup  
Date: December 26, 2012
Docket Number: 11-5085

Justia Opinion Summary: Langrock appealed, inter alia, from the district court's order requiring it to pay certain fees and costs incurred by Citigroup in connection with this action. Langrock was ordered to pay Citigroup as a sanction for fili...

MacDermid, Inc. v. Deiter  
Date: December 26, 2012
Docket Number: 11-5388

Justia Opinion Summary: Plaintiff appealed the district court's dismissal of his complaint for lack of personal jurisdiction. At issue was whether a court in Connecticut could properly exercise long-arm jurisdiction over a defendant who, while...

Looney v. Marlborough et al  
Date: December 21, 2012
Docket Number: 11-3486

Justia Opinion Summary: Plaintiff, Building Official for the Town of Marlborough from 1994-2010, sued the Town, as well as its Board of Selectmen, under 42 U.S.C. 1983, alleging that he was deprived of his procedural due process and free speech...

Georgitsi Realty, LLC v. Penn-Star Ins. Co.  
Date: December 21, 2012
Docket Number: 11-4444

Justia Opinion Summary: Plaintiff appealed from the district court's grant of summary judgment to defendant. The primary issue one appeal was whether an act performed on adjacent property that caused damage to plaintiff's property could constit...

Rivera v. Rochester Genesee Regional Transp. Authority  
Date: December 21, 2012
Docket Number: 11-762

Justia Opinion Summary: Plaintiffs, Enio Rivera and Michael Talton, employees of Lift Line, a subsidiary of RGRTA, appealed the district court's grant of summary judgment in favor of RGRTA and a supervisor and dismissing plaintiffs' claims of d...

Bacolitsas v. 86th & 3rd Owner, LLC  
Date: December 19, 2012
Docket Number: 10-4229

Justia Opinion Summary: Plaintiffs sought to avail themselves under terms of the Interstate Land Sales Full Disclosure Act (ILSA), 15 U.S.C. 1701-20, by bringing suit for revocation of a purchase agreement they executed with defendants for a lu...

Olin Corp. v. Ins. Co. of North America  
Date: December 19, 2012
Docket Number: 11-4055

Justia Opinion Summary: Olin brought suit against its insurers, including American Home, regarding environmental contamination at Olin sites in the United States. On appeal, Olin challenged the district court's grant of summary judgment in favo...

Longman v. Wachovia Bank NA  
Date: December 19, 2012
Docket Number: 11-4225

Justia Opinion Summary: Plaintiff filed claims against Wachovia for willful noncompliance with certain provisions of the Fair Credit Reporting Act, 15 U.S.C. 1681s-2(a) and for common law defamation. The court held that the district court corre...

Gashi v. Holder  
Date: December 18, 2012
Docket Number: 10-2584

Justia Opinion Summary: Petitioner, a citizen of Serbia, petitioned for review of an order of the BIA affirming the oral decision of the IJ, which denied his application for asylum, withholding of removal, and relief under the Convention Agains...

Konowaloff v. The Metropolitan Museum of Art  
Date: December 18, 2012
Docket Number: 11-4338

Justia Opinion Summary: Plaintiff appealed from the district court's dismissal of his action against the Museum for its acquisition, possession, display, and retention of a painting that had been confiscated by the Russian Bolshevik regime from...

Sousa v. Marquez  
Date: December 13, 2012
Docket Number: 12-403

Justia Opinion Summary: Plaintiff, a former employee of the DEP, claimed that he failed to prevail in a prior employment-related suit because of false statements and deliberate omissions in an investigative report issued by defendant. The court...

Gutierrez v. Smith
Date: December 11, 2012
Docket Number: 10-4478
Ment Bros. Iron Works Co., Inc v. Interstate Fire and Casualty Co.  
Date: December 11, 2012
Docket Number: 11-2596

Justia Opinion Summary: This declaratory judgment action involved a dispute over liability insurance coverage for property damage alleged to have been caused by the policyholder during construction of a residential building. The policyholder fi...

United States v. Daley  
Date: December 7, 2012
Docket Number: 11-2987

Justia Opinion Summary: Defendant appealed from the judgment of the district court convicting him of illegal reentry under 8 U.S.C. 1326, following a conditional plea. While defendant's 1998 immigration proceedings were pending, he was arrested...

Man Ferrostaal, Inc. v. M/V Akili  
Date: December 6, 2012
Docket Number: 11-486

Justia Opinion Summary: Appellants, the M/V Akili, its owner, and manager, appealed from the district court's judgment holding that it was liable in rem for damage to cargo shipped aboard the vessel. Ferrostaal cross-appealed from the holding t...

United States v. Ferguson  
Date: December 6, 2012
Docket Number: 11-3806

Justia Opinion Summary: Defendant appealed his conviction for possession of a firearm after having been convicted of a felony. At issue was whether the "public safety" exception to the requirement of Miranda warnings applied where police office...

United States v. Torres  
Date: December 5, 2012
Docket Number: 11-1009

Justia Opinion Summary: Defendant was convicted of theft of government property arising from the fraud she carried out to obtain subsidized housing benefits in New York City. The district court ordered her to pay $11,274 in restitution to the N...

United States v. Murphy  
Date: December 4, 2012
Docket Number: 11-2978

Justia Opinion Summary: The Government appealed from an order of the district court suppressing cocaine and other physical evidence uncovered during a search of defendants' car, as well as post-arrest statements made by defendants. The court af...

Ackerson v. City of White Plains, et al.
Date: December 4, 2012
Docket Number: 11-4649
United States v. Caronia  
Date: December 3, 2012
Docket Number: 09-5006

Justia Opinion Summary: Defendant appealed from a conviction of conspiracy to introduce a misbranded drug into interstate commerce, a misdemeanor violation of 21 U.S.C. 331(a) and 333(a)(1). Defendant, a pharmaceutical sales representative, pro...

Zeno v. Pine Plains Central School Dist.  
Date: December 3, 2012
Docket Number: 10-3604

Justia Opinion Summary: Plaintiff sued the District, contending that it was deliberately indifferent to his harassment when he attended Stissing Mountain High School. A jury found the District liable for violating Title VI and awarded plaintiff...

Lee v. Holder  
Date: December 3, 2012
Docket Number: 12-10

Justia Opinion Summary: Petitioner, a Malaysian citizen who has overstayed his immigrant visa in the United States, sought an adjustment of immigration status. Petitioner invoked the so-called "grandfathering" exception for beneficiaries of lab...

United States v. Robinson  
Date: November 30, 2012
Docket Number: 11-301

Justia Opinion Summary: Defendant appealed from his conviction of two counts of sex trafficking of a minor. At issue was the appropriate construction of 18 U.S.C. 1591(c), an evidentiary provision added by the William Wilberforce Trafficking Vi...

United States v. Coplan (Nissenbaum)  
Date: November 29, 2012
Docket Number: 10-583

Justia Opinion Summary: Four partners and employees of Ernst & Young, one of the largest accounting firms in the world, appealed their convictions in connection with the development and defense of five "tax shelters" that were sold or implement...

Ackerson v. City of White Plains  
Date: November 29, 2012
Docket Number: 11-4649

Justia Opinion Summary: Plaintiff was arrested for third-degree menacing under New York law and brought an action against defendants for false arrest, malicious prosecution, and violation of his constitutional rights under 42 U.S.C. 1983. Plain...

State of New York v. Shinnecock Indian Nation
Date: November 28, 2012
Docket Number: 08-1194
Kachalsky v. Cacace  
Date: November 27, 2012
Docket Number: 11-3642

Justia Opinion Summary: Plaintiffs appealed from the district court's grant of summary judgment in favor of defendants. Plaintiff sought declaratory and injunctive relief under 42 U.S.C. 1983, barring New York State handgun licensing officials...

Gusler v. The City of Long Beach  
Date: November 26, 2012
Docket Number: 11-4493

Justia Opinion Summary: Plaintiff filed an action under 42 U.S.C. 1983, alleging that defendants unlawfully retaliated against him after he spoke out about issues involving his employer, the Long Beach Fire Department. The district court dismis...

United States v. Moreno  
Date: November 20, 2012
Docket Number: 10-3567

Justia Opinion Summary: Defendant appealed from her drug related convictions. Defendant challenged the district court's denial of her pretrial motion to suppress the drugs. The court concluded that the district court did not err in determining...

United States v. Siddiqui
Date: November 15, 2012
Docket Number: 10-3916
McElwee v. County of Orange  
Date: November 15, 2012
Docket Number: 11-4366

Justia Opinion Summary: Plaintiff appealed from the district court's dismissal of his claims under Title II of the Americans with Disabilities Act, 42 U.S.C. 12131 et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 et seq...

Barbour v. City of White Plains  
Date: November 14, 2012
Docket Number: 11-2229

Justia Opinion Summary: The City of White Plains and certain individually named law-enforcement officers appealed from an award of $290,997.94 in costs, of which some $286,065.00 represented attorneys' fees, awarded in connection with a $30,000...

United States v. Gupta
Date: November 8, 2012
Docket Number: 09-4738
United States v. Gyanbaah (Nkansah)  
Date: November 8, 2012
Docket Number: 10-2441

Justia Opinion Summary: Defendant appealed from his convictions for conspiring to, and filing, false claims with the IRS, bank fraud, aggravated identity theft, and identity theft. The court held that there was insufficient evidence for defenda...

United States v. Bills (Lacey)  
Date: November 7, 2012
Docket Number: 11-2404

Justia Opinion Summary: Defendants were convicted on charges stemming from their involvement in a fraudulent mortgage scheme. On appeal, defendants challenged their sentences and restitution orders. The court held that U.S.S.G. 2B1.1(b)(2)(A)(i...

Vam Check Cashing Corp. v. Federal Ins. Co.  
Date: November 7, 2012
Docket Number: 11-2644

Justia Opinion Summary: Plaintiff insured, operator of a number of check cashing stores in the New York City area, contended that a criminal scheme perpetrated at its store constituted "robbery" within the meaning of its crime insurance policy...

Arrowood Indemnitv Co. v. King  
Date: November 7, 2012
Docket Number: 11-5478

Justia Opinion Summary: Defendants appealed from a judgment by the district court in favor of insurance companies which had disclaimed any duty to defend or indemnify their policyholders in a separate state court action brought by a third party...

In Re: Merrill Lynch & Co., Inc.  
Date: November 6, 2012
Docket Number: 10-2030

Justia Opinion Summary: LSED sought to rescind an agreement to purchase bond insurance from FGIC and recover its $13 million premium payment. LSED based its claim on failure of cause, a tenet of Louisiana law that required all contracts be supp...

United Statesv. Snyder (Harrison)  
Date: November 6, 2012
Docket Number: 11-1240

Justia Opinion Summary: Defendant appealed from his conviction after pleading guilty to conspiracy to violate the narcotics laws of the United States. Because the court concluded that the waiver of appeal was valid and that the relevant change...

United States v. Siddiqui  
Date: November 5, 2012
Docket Number: 10-3916

Justia Opinion Summary: Defendant appealed her convictions for attempted murder of United States nationals, attempted murder of United States officers and employees, armed assault of United States officers and employees, assault of United State...

NML Capital, Ltd. v. The Republic of Argentina  
Date: October 26, 2012
Docket Number: 12-105

Justia Opinion Summary: Argentina appealed from permanent injunctions entered by the district court designed to remedy Argentina's failure to pay bondholders after a default in 2001 on its sovereign debt. The district court granted plaintiffs s...

Cement and Concrete Workers District Council Welfare Fund v. Metro Foundation Contractors  
Date: October 25, 2012
Docket Number: 11-1214

Justia Opinion Summary: Plaintiffs sued Metro to recover contributions owed pursuant to the Employer Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1145. Metro challenged the damages award, arguing that the method set forth in the co...

United States v. Oehne  
Date: October 25, 2012
Docket Number: 11-2286

Justia Opinion Summary: Defendant appealed from a conviction and sentence for the production and distribution of child pornography. The court held that the district court did not err in determining that defendant did not invoke his right to cou...

United States v. Wilson  
Date: October 25, 2012
Docket Number: 11-915

Justia Opinion Summary: The government appealed from the district court's order suppressing evidence found following the stop and subsequent search of a vehicle driven by defendant. The vehicle stop was executed by two officers of the St. Regis...

Coollick v. Hughes  
Date: October 24, 2012
Docket Number: 10-5248

Justia Opinion Summary: Defendant, the Superintendent of the Connecticut Technical High School System, renewed a motion for summary judgment, arguing that she was entitled to qualified immunity in this 42 U.S.C. 1983 action in which defendant w...

Town of Babylon v. Federal Housing Finance Agency; Natural Resources Defense Council v. Federal Housing Finance Agency  
Date: October 24, 2012
Docket Numbers: 11-3408, 11-3285

Justia Opinion Summary: Plaintiffs, in two separate appeals, challenged the grant of motions to dismiss in favor of the Federal Housing Finance Agency (FHFA) and the Office of the Comptroller of the Currency (OCC). The court affirmed the distri...

Barenboim, et al. v. Starbucks Corp.  
Date: October 23, 2012
Docket Numbers: 10-4912, 11-3199

Justia Opinion Summary: These appeals, heard in tandem, challenged awards of summary judgment entered in the district court in favor of Starbucks on plaintiffs' complaints that Starbucks violated New York Labor Law 196-d in the distribution of...

Equal Employment Opportunity v. KarenKim, Inc.  
Date: October 19, 2012
Docket Number: 11-3309

Justia Opinion Summary: The EEOC appealed from a post-judgment order by the district court denying its request for injunctive relief against defendant following a jury verdict finding defendant liable for sexual harassment and fostering a sexua...

Windsor v. United States  
Date: October 18, 2012
Docket Number: 12-2335

Justia Opinion Summary: Intervenor appealed from the district court's grant of summary judgment in favor of plaintiff. Plaintiff sued as surviving spouse of a same-sex couple that was married in Canada in 2007 and was resident in New York at th...

Kertesz v. General Video Corp.  
Date: October 17, 2012
Docket Number: 11-3685

Justia Opinion Summary: Plaintiff appealed the district court's dismissal of his complaint against defendant Justin Korn. Plaintiff, a former shareholder and officer of defendant GVC, sought indemnification from GVC after successfully defending...

Fuller v. Bd. of Immigration Appeals
Date: October 16, 2012
Docket Number: 08-3973
Young v. Conway  
Date: October 16, 2012
Docket Number: 11-830

Justia Opinion Summary: The State of New York appealed from the district court's grant of defendant's petition for a writ of habeas corpus, vacating his convictions for robbery and burglary, and barring the State from retrying him. The state ar...

In the Matter of Immigration  
Date: October 16, 2012
Docket Number: 12-4096

Justia Opinion Summary: This opinion sets out a procedure for all immigration cases pending in this Court that will enable an interested petition and the Government to evaluate whether remand to the BIA, according to terms specified, is appropr...

United States v. Colasuonno  
Date: October 12, 2012
Docket Number: 11-1188

Justia Opinion Summary: Defendant, convicted of substantive and conspiratorial bank fraud and tax crimes, appealed from an amended judgment resentencing him to four months' imprisonment after he was found to have willfully violated probation by...

Talavera v. Commissioner of Social Security  
Date: October 11, 2012
Docket Number: 11-4209

Justia Opinion Summary: Plaintiff appealed from the judgment of the district court affirming the Social Security Administration's (SSA) denial of her application for Supplemental Security Income disability benefits on the basis of her alleged i...

In re Air Cargo Shipping Services Antitrust Litigation  
Date: October 11, 2012
Docket Number: 11-5464

Justia Opinion Summary: Plaintiffs brought suit against numerous foreign airlines alleging a conspiracy to fix prices in violation of state antitrust, consumer protection, and unfair competition laws. The district court dismissed those claims a...

Barroway v. Computer Assoc., et. al.  
Date: October 10, 2012
Docket Number: 10-4785

Justia Opinion Summary: In this action under the All Writs Act, 28 U.S.C. 1651, and the Anti-Injunction Act, 28 U.S.C. 2283, the court considered whether, following the approval of a federal class action settlement, the district court properly...

Corby v. Artus  
Date: October 10, 2012
Docket Number: 11-1650

Justia Opinion Summary: Respondents, New York authorities, appealed from the district court's grant of a writ of habeas corpus to petitioner. The district court held that the New York Court of Appeals erred in concluding that the state trial co...

United States v. Catoggio  
Date: October 10, 2012
Docket Number: 11-3474

Justia Opinion Summary: Defendant appealed from a Memorandum and Order of Restitution by the district court resentencing him to pay restitution to the victims of a massive "pump-and-dump" securities fraud scheme he and his co-conspirators desig...

Ipcon Collections LLC v. Costco Wholesale Corp.  
Date: October 9, 2012
Docket Number: 11-3944

Justia Opinion Summary: This appeal arose out of a contract dispute between Costco and Leadsinger, a company that sold karaoke systems. Ipcon is the successor-in-interest to Leadsinger. On appeal, the court affirmed the district court's judgmen...

United States v. Briggs
Date: October 9, 2012
Docket Number: 12-2988
United States v. Brigg  
Date: October 5, 2012
Docket Number: 12-2988

Justia Opinion Summary: Defendant, who stands indicted for substantive and conspiratorial drug crimes, and who, having been arraigned, has been detained with no trial date set, appealed from an order denying him bail pending trial. The court co...

Koch v. Christie's International PLC  
Date: October 4, 2012
Docket Number: 11-1522

Justia Opinion Summary: Plaintiff filed suit against Christie's under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961 et seq., and common law fraud claims under New York law. The claims related to alleged fraud in...

In re: Lehman Brothers Holdings Inc.  
Date: October 4, 2012
Docket Number: 11-2967

Justia Opinion Summary: In 2002, Lehman Brothers International Europe (LBIE) created the "Dante Programme" by which certain special purpose entities issued notes of collateralized debt obligations (the Notes). The Notes were purchased by appell...

Payne v. Jones  
Date: October 3, 2012
Docket Number: 09-5201

Justia Opinion Summary: Defendant, a former police officer, appealed the district court's judgment, awarding compensatory and punitive damages to plaintiff on his claim of excessive force and battery. The court concluded that the district court...

Lopes v. Dept. of Social Services  
Date: October 2, 2012
Docket Number: 10-3741

Justia Opinion Summary: Plaintiff, through his wife and attorney-in-fact, filed an application for Medicaid benefits with the Connecticut Department of Social Services to cover the cost of his nursing home care. At issue was whether a non-assig...

Garanti Finansal Kiralama A.S. v. Aqua Marine and Trading Inc.  
Date: October 2, 2012
Docket Number: 11-631

Justia Opinion Summary: GFK, a shipowner, appealed from the district court's dismissal of its action for declaratory judgment that it was not contractually bound to arbitrate a fuel agreement with AM, a marine fuel supply company. The court hel...

Donoghue v. Bulldog Investors General Partnership  
Date: October 1, 2012
Docket Number: 11-1708

Justia Opinion Summary: Defendants appealed from the district court's award to plaintiff, suing on behalf of an issuer of securities, the short-swing profits realized by defendants from trading in the issuer's stock in violation of Section 16(b...

Lozano v. Montoya Alvarez  
Date: October 1, 2012
Docket Number: 11-2224

Justia Opinion Summary: Two now-separated parents dispute whether courts in the United States or the United Kingdom should decide who has custody of their five-year-old child. At issue was the interpretation of Article 12 of the Hague Conventio...

United States v. Carter  
Date: September 28, 2012
Docket Number: 11-3605

Justia Opinion Summary: Defendant pleaded guilty to drug charges. On appeal, defendant argued that the district court erred by applying the ten-year mandatory minimum in 21 U.S.C. 841(b)(1)(B) without first concluding that a ten-year sentence w...

United States v. White
Date: September 28, 2012
Docket Number: 11-772
Daniel Gross v. M. Jodi Rell
Date: September 25, 2012
Docket Number: 08-2626
Somerville v. Hunt  
Date: September 25, 2012
Docket Number: 11-1211

Justia Opinion Summary: The State appealed from the district court's grant of petitioner's petition for a writ of habeas corpus. After petitioner's initial sentence was vacated on the ground that it was illegal, the state court resentenced him...

Gjura v. Holder  
Date: September 25, 2012
Docket Number: 11-566

Justia Opinion Summary: Petitioner, a native and citizen of Albania, sought review of the BIA's order reversing the decision of the IJ, which granted her application for asylum, withholding of removal, and relief under the Convention Against To...

Fortress Bible Church v. Feiner  
Date: September 24, 2012
Docket Number: 10-3634

Justia Opinion Summary: This appeal concerned a longstanding land-use dispute between the Church and the Town over the Church's plan to build a worship facility and school on land that it owned within the Town. The Town appealed from the distri...

R.E. v. New York City Dept of Education; R.K. v. New York City Dept of Education; E.Z.-L v. New York City Dept of Education  
Date: September 20, 2012
Docket Numbers: 11-1266, 11-1474, 11-655

Justia Opinion Summary: The Department appealed summary judgment to R.E. and M.E. on their claim for tuition reimbursement under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq, and summary judgment to R.K. on her...

Simon v. Keyspan Corporation  
Date: September 20, 2012
Docket Number: 11-2265

Justia Opinion Summary: Plaintiff, a retail consumer of electricity in New York City, sued KeySpan, a producer of electricity in New York, alleging that it colluded with one of its rivals to increase installed capacity prices. Plaintiff also al...

Brennan Center for Justice v. United States Department of Justice  
Date: September 19, 2012
Docket Number: 11-4599

Justia Opinion Summary: This case arose when plaintiffs submitted Freedom of Information Act (FOIA), 5 U.S.C. 552, requests to defendants for "any and all documents containing guidance" provided by the OLC to any representatives of HHS or USAID...

World Wide Polymers, Inc. v. Shinkong Synthetic Fibers Corp.  
Date: September 14, 2012
Docket Number: 10-3476

Justia Opinion Summary: This case arose when WWP sued Shinkong seeking damages and injunctive relief arising out of the failure of a joint venture between the parties. On appeal, WWP challenged the district court's order striking its expert rep...

Giraldo v. City of New York  
Date: September 14, 2012
Docket Number: 11-2367

Justia Opinion Summary: Plaintiff sued defendants, Queens County Assistant District Attorneys, alleging that defendants' interrogation of her following the arrest of her boyfriend, former New York State Senator Hiram Monserrate, violated her ci...

Ross v. Lichtenfeld  
Date: September 10, 2012
Docket Number: 10-5275

Justia Opinion Summary: Defendant, the school district superintendent, appealed from the district court's order denying his motion for summary judgment with regard to plaintiff's claim that she was fired in retaliation for her reports of financ...

Schnabel et al. v. Trilegiant Corp. et al.  
Date: September 7, 2012
Docket Number: 11-1311

Justia Opinion Summary: Plaintiffs brought suit against defendants on behalf of themselves and similarly situated plaintiffs, alleging, inter alia, that defendants engaged in unlawful, unfair, and deceptive practices through unauthorized enroll...

Yu v. Holder  
Date: September 7, 2012
Docket Number: 11-2546

Justia Opinion Summary: Petitioner, a native and citizen of the People's Republic of China, petitioned for review of a decision by the BIA affirming the decision of the IJ denying his application for asylum, withholding of removal, and relief u...

Union Carbide Corp. v. Commissioner of Internal Revenue  
Date: September 7, 2012
Docket Number: 11-2552

Justia Opinion Summary: This case stemmed from three research projects at two production plants in Hahnville, Louisiana that UCC conducted during the 1994 and 1995 tax-credit years. The research was conducted on products that were in the proces...

Securities and Exchange Commission v. Obus, et al.  
Date: September 6, 2012
Docket Number: 10-4749

Justia Opinion Summary: The SEC filed a civil enforcement action against defendants alleging insider trading in violation of section 10(b) of the Securities and Exchange Act of 1934, 15 U.S.C. 78j(b), and Rule 10b-5, 17 C.F.R. 240.10b-5. The SE...

Neca-Ibew Health & Welfare Fund v. Goldman Sachs & Co.  
Date: September 6, 2012
Docket Number: 11-2762

Justia Opinion Summary: Plaintiff appealed the district court's order dismissing a putative securities class action brought under sections 11, 12(a)(2), and 15 of the Securities Act of 1993, 15 U.S.C. 77k, l(a)(20, o, on behalf of all persons w...

Long v. Office of Personnel Management  
Date: September 5, 2012
Docket Number: 10-1600

Justia Opinion Summary: Plaintiffs appealed from two orders of the district court granting in part and denying in part each side's motion for summary judgment resolving the applicability of Exemption 6 of the Freedom of Information Act (FOIA),...

United States ex rel. Daniel Feldman v. Van Gorp  
Date: September 5, 2012
Docket Number: 10-3297

Justia Opinion Summary: Defendants appealed from the district court's denial of their motion for judgment as a matter of law and their motion for a new trial following a jury verdict partially in favor of plaintiff on his claims regarding the m...

Christian Louboutin S.A. v. Yves Saint Laurent America Inc.  
Date: September 5, 2012
Docket Number: 11-3303

Justia Opinion Summary: Christian Louboutin, a fashion designer best known for his use of red lacquer on the outsole of the shoes he designs, appealed the district court's order denying a motion for preliminary injunction against alleged tradem...

Commonwealth of the Northern Mariana Islands v. Millard  
Date: September 5, 2012
Docket Number: 12-1857

Justia Opinion Summary: Plaintiff appealed the district court's order denying plaintiff's application for a turnover order pursuant to N.Y. C.P.L.R. 5225(b). The court certified questions to the New York Court of Appeals regarding the appropria...

United States v. Barnes  
Date: September 4, 2012
Docket Number: 10-3099

Justia Opinion Summary: Defendant was convicted of seven offenses involving narcotics, racketeering, and firearm offenses. On appeal, defendant argued that his Sixth Amendment right to represent himself at trial was violated by the district cou...

United States v. Mason  
Date: September 4, 2012
Docket Number: 11-544

Justia Opinion Summary: Defendant appealed from his 33-year sentence after he pleaded guilty to being a felon in possession. Defendant argued that the district court erred in denying him a sentencing reduction under the "lawful sporting purpose...

Noel v. New York State Office of Mental Health Central New York Psychiatric Center  
Date: August 31, 2012
Docket Number: 10-3483

Justia Opinion Summary: The State appealed from a decision of the district court holding that the State improperly made income tax, FICA tax, and other deductions from a Title VII judgment for back and front pay in favor of plaintiff. The court...

Gutierrez v. Smith  
Date: August 31, 2012
Docket Number: 10-4478

Justia Opinion Summary: Petitioner appealed the denial of his petition for a writ of habeas corpus, arguing that the evidence at trial was insufficient to support his conviction for depraved indifference murder under New York law. The court con...

In re: Charter Communication  
Date: August 31, 2012
Docket Number: 11-1710

Justia Opinion Summary: Following the bankruptcy court's confirmation of Charter's proposed plan of reorganization, LDT, as indenture trustee for certain notes issued by CCI, and a CCI shareholder, appealed the confirmation order to the distric...

Easterling v. Collecto, Inc.  
Date: August 30, 2012
Docket Number: 11-3209

Justia Opinion Summary: Plaintiff commenced this action, on behalf of herself and the 181 other individuals in New York State who had received student loan collection letters from defendant. At issue was whether a debt collector's inaccurate re...

United States v. White  
Date: August 30, 2012
Docket Number: 11-772

Justia Opinion Summary: Defendant appealed from his conviction for possession of a weapon by a person previously convicted of a felony. Defendant argued, inter alia, that the district court improperly (a) excluded evidence that the Government i...

United States v. Reyes  
Date: August 29, 2012
Docket Number: 10-1400

Justia Opinion Summary: Defendant pleaded guilty to one count of bank robbery and the district court sentenced him as a career offender under U.S.S.G. 4B1.1(a). At issue on appeal was whether a district court could rely on a Presentence Report'...

Reino De Espana v. Bureau of Shipping  
Date: August 29, 2012
Docket Number: 10-3518

Justia Opinion Summary: This case arose when an oil tanker sank off the cost of Spain, releasing large quantities of oil into the ocean. Spain subsequently appealed the district court's holding that defendants were entitled to summary judgment...

Jones v. Murphy  
Date: August 29, 2012
Docket Number: 10-3997

Justia Opinion Summary: Petitioner appealed the denial of a writ of habeas corpus with respect to his 2004 Connecticut murder conviction. Petitioner argued that the state trial court's decision to exclude him from the courtroom violated his fed...

BIM Intermobiliare SGR v. Grant Thornton LLP
Date: August 29, 2012
Docket Number: 10-4028
United States v. Broxmeyer  
Date: August 28, 2012
Docket Number: 10-5283

Justia Opinion Summary: Defendant appealed his sentence stemming from an amended judgment of conviction for possession and attempted production of child pornography. The court held that defendant waived his procedural challenge to the district...

Gjerjaj v. Holder  
Date: August 28, 2012
Docket Number: 11-445

Justia Opinion Summary: Petitioner, a native and citizen of Albania, sought review of an order of removal by ICE. Petitioner entered the United States through the Visa Waiver Program (VWP), using a fraudulent Italian passport. The court held th...

Ryan v. Nat'l Union Fire Ins.  
Date: August 27, 2012
Docket Number: 10-4528

Justia Opinion Summary: National Union appealed from the district court's award of consequential damages to plaintiffs, following a jury trial, for National Union's breach of its duty to defendant plaintiffs in a securities arbitration. At issu...

United States v. Beardsley  
Date: August 27, 2012
Docket Number: 11-2206

Justia Opinion Summary: Defendant appealed from a conviction of knowingly receiving and possessing child pornography. On appeal, defendant argued that the district court erred in employing the modified categorical approach to analyze the facts...

Janese v. Fay  
Date: August 27, 2012
Docket Number: 11-5369

Justia Opinion Summary: This appeal and purported class-appeal primarily concerned two issues arising under the Employee Retirement Income Security Act of 1974 (ERISA), 28 U.S.C. 1001 et seq. The first issue was whether trustees of a multi-empl...

WPIX, Inc. v. IVI, Inc.  
Date: August 27, 2012
Docket Number: 11-788

Justia Opinion Summary: Plaintiffs, producers and owners of copyrighted television programming, sued defendants for streaming plaintiffs' copyrighted television programming over the Internet live and without their consent. The court, applying C...

United States v. Salim  
Date: August 24, 2012
Docket Number: 10-3648

Justia Opinion Summary: Defendant appealed from a judgment resentencing him for attacking a correctional officer while he was an inmate. On appeal, defendant argued primarily that his resentencing by videoconference constituted a violation of h...

United States v. Davis  
Date: August 24, 2012
Docket Number: 10-4104

Justia Opinion Summary: Defendant appealed from convictions related to narcotics offenses and resisting arrest. The court affirmed the convictions on the narcotics counts but vacated his conviction for resisting arrest where there was no eviden...

DiStiso v. Wolcott  
Date: August 21, 2012
Docket Number: 10-4304

Justia Opinion Summary: Defendants, an elementary school principal and two teachers, appealed from a denial of summary judgment by the district court on defendants' claims that qualified immunity shielded them from suit for alleged deliberate i...

Bryant v. New York State Education Dept.  
Date: August 20, 2012
Docket Number: 10-4029

Justia Opinion Summary: Plaintiffs appealed the district court's dismissal of their suit for failure to state a claim and denying their motion for a preliminary injunction. Plaintiffs, parents and/or legal guardians of seven children with disab...

Hawthorne v. Spitzer  
Date: August 20, 2012
Docket Number: 10-4324

Justia Opinion Summary: Petitioner, convicted of criminal possession of a weapon and assault, appealed from the district court's dismissal of his petition for a writ of habeas corpus. At issue was whether petitioner had established prejudice fo...

NML Capital, Ltd. v. Republic of Argentina  
Date: August 20, 2012
Docket Number: 11-4065

Justia Opinion Summary: The Republic of Argentina appealed from an order of the district court granting NML Capital's motion to compel non-parties Bank of America and Banco de la Nacion Argentina to comply with subpoenas duces tecum and denying...

Cage v. Comm'r of Soc. Sec.  
Date: August 17, 2012
Docket Number: 09-4530

Justia Opinion Summary: Cage, born in 1960, has an extensive medical history. She offered evidence of: bipolar disorder, depression, suicidal ideation, dizziness, blackouts, memory loss and chest pain. She has not worked since November 2003. Be...

Trs. of Local 138 Pension Trust Fund v. F.W. Honerkamp Co. Inc.  
Date: August 17, 2012
Docket Number: 11-1322

Justia Opinion Summary: The Fund is a multiemployer defined-benefit pension plan. Honerkamp, a New York employer, contributed to the Fund pursuant to collective bargaining agreements with its employees. In 2008, the trustees announced that the...

Hecht v. United Collection Bureau, Inc.  
Date: August 17, 2012
Docket Number: 11-1327

Justia Opinion Summary: Hecht sued UCB, a debt collector alleging violation of the Fair Debt Collection Practices Act by placing telephone calls without meaningful disclosure of the caller’s identity, 15 U.S.C. 1692d(6), and by failing to discl...

United States v. Contorinis  
Date: August 17, 2012
Docket Number: 11-3

Justia Opinion Summary: Contorinis was a co-portfolio manager of the Fund, which invested in companies in the retail and personal products sectors. In 2000, Contorinis befriended Stephanou, who became an investment banker in the Mergers and Acq...

Fabrikant v. French  
Date: August 16, 2012
Docket Number: 10-3288

Justia Opinion Summary: Fabrikant was arrested and arraigned on five counts of criminal animal cruelty, pursuant to New York Agriculture and Markets Law 353. All but two of her dogs were taken. The seized dogs were spayed or neutered and sent t...

Anschutz Corp. v. Merrill Lynch & Co.
Date: August 16, 2012
Docket Number: 11-1305
United States v. Graham  
Date: August 15, 2012
Docket Number: 09-2819

Justia Opinion Summary: Graham was the leader of a group of violent robbers associated with a public housing project in Brooklyn. Following a conflict after a robbery, Graham forced Thompson to get into Graham’s vehicle by firing a single shot...

Grayton v. Ercole  
Date: August 15, 2012
Docket Number: 10-1419

Justia Opinion Summary: Grayton was found guilty of Murder in the Second Degree, N.Y. Penal Law 125.25(1), based on a 2001 shooting death, and was sentenced to 25 years to life imprisonment. He exhausted his state appeals and timely petitioned...

Adams v. Holder  
Date: August 15, 2012
Docket Number: 10-2923

Justia Opinion Summary: Adams entered the U.S. from Jamaica in 1990 on a visitor’s visa and overstayed. Arrested in New York in 1992, for attempting to sell cocaine to an undercover officer, Adams represented that he was “Michael Thomas” and pl...

Messier v. Bouchard Transportation
Date: August 15, 2012
Docket Number: 10-5181
Scholz Design, Inc. v. Sard Custom Homes, LLC  
Date: August 15, 2012
Docket Number: 11-3298

Justia Opinion Summary: Scholz Design created technical drawings for three homes and submitted them to the Copyright Office in 1988 and 1989 with front elevation drawings showing the front of the houses surrounded by lawn, bushes, and trees. Sc...

United States v. Williams
Date: August 15, 2012
Docket Number: 11-676
Mota v. Castillo  
Date: August 15, 2012
Docket Number: 12-180

Justia Opinion Summary: Mota and Castillo married in Mexico, where their daughter, Elena, was born. In 2007, when Elena was six months old, Castillo entered the U.S. illegally and began sending financial support to his wife and daughter. In 201...

Gibson v. City Municipality of New York  
Date: August 14, 2012
Docket Number: 09-2797

Justia Opinion Summary: A New York state court judge found Gibson, charged with criminal mischief, not competent to stand trial and filed a temporary order of observation, transferring Gibson to custody of the mental health commissioner for a p...

United States v. Pica  
Date: August 14, 2012
Docket Number: 10-5026

Justia Opinion Summary: Antico was convicted of participating in a racketeering enterprise, in violation of RICO, 18 U.S.C. 23 1962(c), and illegal gambling, 18 U.S.C. 1955, and sentenced to 108 months in prison. The Second Circuit affirmed, re...

Anschutz Corp. v. Merrill Lynch & Co., Inc.  
Date: August 14, 2012
Docket Number: 11-1305

Justia Opinion Summary: Auction Rate Securities are variable-rate equity or debt instruments that pay interest or dividends at rates set by periodic auctions. ARS were used as an alternative financing vehicle and were promoted as a safe, liquid...

In Re: Am. Int'l Grp. Sec. Litigation  
Date: August 13, 2012
Docket Number: 10-4401

Justia Opinion Summary: In 2004, securities fraud class actions were filed against AIG and other corporate and individual defendants, including Gen Re. The district court consolidated the actions and appointed as lead plaintiffs three Ohio publ...

Shakhnes v. Eggleston  
Date: August 13, 2012
Docket Number: 11-2003

Justia Opinion Summary: Applicants for and recipients of Medicaid home health Services claimed that the New York State Office of Temporary and Disability Assistance and the New York State Department of Health, violated their statutory right, en...

Solis v. Loretto-Oswego Residential Health Care Facility  
Date: August 13, 2012
Docket Number: 11-888

Justia Opinion Summary: In 2002, the Occupational Safety and Health Administration issued citations to Loretto-Oswego Residential Health Care Facility for violating employee safety standards. At the time, Loretto Management oversaw a number of...

Bucalo v. Shelter Island Union Free Sch. Dist.  
Date: August 10, 2012
Docket Number: 10-1516

Justia Opinion Summary: In 1999, Bucalo, then 42 years old, applied for a position as a school librarian and was not hired; the position went to a 35-year-old man. Bucalo filed a charge of age and sex discrimination with the EEOC, which granted...

Donnelly v. Greenburgh Central Sch. Dist.  
Date: August 10, 2012
Docket Number: 11-2448

Justia Opinion Summary: The District hired Donnelly as a teacher under a three-year probationary contract. During his first year he received the highest rating and had perfect attendance. The District transferred him. His performance included e...

Epps v. Poole
Date: August 9, 2012
Docket Number: 10-2206
Curcio v. Comm'r of Internal Revenue  
Date: August 9, 2012
Docket Number: 10-3578

Justia Opinion Summary: The 419 Plan was established as a multiple-employer welfare benefit plan, 26 U.S.C. 419A(f)(6). Businesses that enroll contribute to an account, which acquires and pays premiums on life insurance policies for covered emp...

Liranzo v. United States  
Date: August 9, 2012
Docket Number: 11-61

Justia Opinion Summary: VLiranzo was born in 1955 in the Dominican Republic. He entered the U.S. as a lawful permanent resident in 1965; in 1972 his mother became a naturalized citizen and he obtained derivative citizenship, 8 U.S.C. 1432(a)(3)...

United States v. Wernick  
Date: August 8, 2012
Docket Number: 10-2974

Justia Opinion Summary: Wernick was convicted on five counts, including receiving and distributing child pornography, 18 U.S.C. 2252A(a)(2)(A); reproducing child pornography for distribution by computer, 18 U.S.C. 2252A(a)(3)(A); possessing mat...

United States v. Davis  
Date: August 8, 2012
Docket Number: 10-3424

Justia Opinion Summary: Davis and Gunn were convicted of conspiracy to commit Hobbs Act robberies of suspected drug dealers, 18 U.S.C. 1951 (Count One); attempting to commit such a robbery in the Bronx (Wickham robbery) (Count Three); two count...

Schneider v. Kingdom of Thailand  
Date: August 8, 2012
Docket Number: 11-1458

Justia Opinion Summary: Germany and Thailand signed a treaty, providing that disputes concerning investments between Germany or Thailand and an investor of the other party may be resolved by arbitration at the request of either party. The treat...

Exxon Mobil Corp. v. Comm'r of Internal Revenue  
Date: August 8, 2012
Docket Number: 11-2814

Justia Opinion Summary: Under 26 U.S.C. 6621(d), interest is calculated at a higher rate for corporate tax underpayments than for corporate tax overpayments. A corporate taxpayer could, therefore, owe underpayment interest even if the amount un...

United States v. Highsmith  
Date: August 8, 2012
Docket Number: 11-48

Justia Opinion Summary: Highsmith pled guilty to conspiracy to distribute crack cocaine, 21 U.S.C. 846 and 841(b)(1)(A)(iii), and weapons possession in furtherance of a drug-trafficking crime, 18 U.S.C. 924(c). He appealed, arguing that the dis...

Sec. & Exch. Comm'n v. Apuzzo  
Date: August 8, 2012
Docket Number: 11-696

Justia Opinion Summary: Terex manufactures equipment. Apuzzo was its Chief Financial Officer. URI is an equipment rental company. Nolan was URI’s Chief Financial Officer. URI and Nolan, carried out fraudulent “sale-leaseback” transactions, to a...

Biediger v. Quinnipiac Univ.  
Date: August 7, 2012
Docket Number: 10-3302

Justia Opinion Summary: In 2009 the university announced that in the 2009–10 academic year, it would eliminate its varsity sports teams for women’s volleyball, men’s golf, and men’s outdoor track and field, while creating a new varsity sports t...

Santone v. Fischer  
Date: August 7, 2012
Docket Number: 10-5010

Justia Opinion Summary: Irwin appealed the district court’s denial of his petition to vacate his convictions for assault in the first degree and witness intimidation in the third degree. The Second Circuit affirmed, rejecting claims that the ev...

Sudler v. City of NY  
Date: August 7, 2012
Docket Number: 11-1198

Justia Opinion Summary: Plaintiffs, New York inmates with complicated histories of incarceration, claimed that their release dates were incorrectly calculated. Their due process claims (42 U.S.C. 1983) were dismissed on grounds that prison syst...

Vartelas v. Holder  
Date: August 6, 2012
Docket Number: 09-0649

Justia Opinion Summary: Vartelas, a native of Greece and permanent resident of the U.S. since 1989, pleaded guilty to a felony in 1994. At the time, lawful permanent residents were not regarded as making an “entry” when returning from “innocent...

In re: Publ'n Paper Antitrust Litig.  
Date: August 6, 2012
Docket Number: 11-101

Justia Opinion Summary: In an antitrust class action alleging a conspiracy to fix prices in violation of the Sherman Act, 15 U.S.C. 1, the district court entered summary judgment in favor of defendants, manufacturers and sellers of “publication...

Harrington v. United States  
Date: August 6, 2012
Docket Number: 11-2119

Justia Opinion Summary: Harrington is serving a statutorily mandated 15-year prison sentence under the Armed Career Criminal Act, 18 U.S.C. 924(e), on his guilty plea to possession of a firearm by a convicted felon in violation of 18 U.S.C. 922...

Bayerische Landesbank, NY v. Aladdin Capital Mgmt., LLC  
Date: August 6, 2012
Docket Number: 11-4306

Justia Opinion Summary: Aladdin’s purportedly gross mismanagement allegedly caused plaintiffs to lose their entire $60 million investment in a collateralized debt obligation. A CDO pays investors based on performance of an underlying asset. Th...

McGarry v. Pallito  
Date: August 3, 2012
Docket Number: 10-669

Justia Opinion Summary: McGarry claimed that while he was a pretrial detainee at the Vermont Chittenden Regional Correction Facility, facing charges related to a domestic dispute, prison officials compelled him to work in the prison laundry und...

Graziano v. Pataki  
Date: August 3, 2012
Docket Number: 11-116

Justia Opinion Summary: Plaintiffs filed a class action on behalf of themselves and other New York State prisoners convicted of violent felonies, alleging that they were denied parole as a result of an “unwritten policy” to deny parole to viole...

United States v. Mahaffy  
Date: August 2, 2012
Docket Number: 09-5349

Justia Opinion Summary: Traders employed by brokerage firms were indicted for conspiring with employees of Watley, a day trading firm, to commit securities fraud by providing their employers’ confidential information to Watley. After a mistrial...

Marcavage v. City of New York  
Date: August 2, 2012
Docket Number: 10-4355

Justia Opinion Summary: Two protesters at the 2004 Republican National Convention at Madison Square Garden were arrested after they failed to comply with police instructions to move from an area where demonstrating was prohibited to one designa...

In re: Assoc. of Graphic Commc'n, Inc.  
Date: August 2, 2012
Docket Number: 11-1773

Justia Opinion Summary: Plaintiff rented commercial property to AGC under a lease to expire February 28, 2007. In 2006, AGC stopped paying rent and plaintiff obtained a warrant of eviction in state court. On February 2, 2007, before plaintiff c...

Taylor v. Harbour Pointe Homeowners Assoc.  
Date: August 2, 2012
Docket Number: 11-951

Justia Opinion Summary: Taylor, an attorney who allegedly suffers from clinical depression, lived in a private community managed by HPHA. Graser was president of HPHA’s board. For years, Taylor’s glass-enclosed patio, visible from the main thor...

Emma Jones v. East Haven  
Date: August 1, 2012
Docket Number: 10-4731

Justia Opinion Summary: In 1997, Malik Jones, an African-American male, was shot and killed by a member of the East Haven Police Department. Plaintiff Jones, mother of Malik Jones, filed suit against the town and officers under 42 U.S.C. 1983,...

Wrobel v. County of Erie  
Date: August 1, 2012
Docket Number: 10-5179

Justia Opinion Summary: Wrobel was a longtime employee of Erie County's highway division. In 1999, a newly elected Republican county executive appointed defendants as Wrobel’s supervisors. Over the next 18 months Wrobel’s run-ins with them resu...

Rosado AG v. China North East Petroleum Holdings, Ltd.  
Date: August 1, 2012
Docket Number: 11-4544

Justia Opinion Summary: Acticon is the lead plaintiff in a consolidated putative class action suit against China North East Petroleum Holdings Limited (NEP) brought under the Securities Exchange Act of 1934, 15 U.S.C. 78j(b) & 78t(a), and under...

Velez v. Sanchez  
Date: July 31, 2012
Docket Number: 11-90

Justia Opinion Summary: Velez moved from Ecuador at age 16 to live with her half-sister, Sanchez, Sanchez’s sister Munoz, and their mother, Yolanda Munoz, and perform housework and babysitting. The relationship deteriorated and Velez believed t...

M.O.C.H.A. Soc'y, Inc. v. City of Buffalo  
Date: July 30, 2012
Docket Number: 11-2184

Justia Opinion Summary: African-American firefighters brought a Title VII discrimination (42 U.S.C. 2000e) claim, based on 1998 and 2002 promotional examinations for the position of fire lieutenant. The district court ruled in favor of the city...

United States of America v. Martini (Cassesse)
Date: July 25, 2012
Docket Number: 10-2210
ISC Holding AG v. Nobel Biocare Fin. AG  
Date: July 25, 2012
Docket Number: 10-4867

Justia Opinion Summary: An Agreement was signed by ISC and by Gerber, treasurer of Nobel, under which ISC was to manage $200 million of Nobel assets; the Agreement provided for arbitration. Months later, ISC filed a petition to compel arbitrati...

United States v. Truman  
Date: July 25, 2012
Docket Number: 11-784

Justia Opinion Summary: In 2005 Truman and partners purchased a vacant commercial building for $175,000, insured for $4,250,000 in fire-related losses. The property, without the building, was worth more than with the building. After a minor acc...

Krist v. Kolombos Rest. Inc.  
Date: July 24, 2012
Docket Number: 11-1263

Justia Opinion Summary: Krist claimed that defendant, a New York City restaurant, discriminated against her on the basis of her disabilities in violation of of the Americans with Disabilities Act, 42 U.S.C. 12181-12189; New York State Executive...

United States v. Youngs  
Date: July 23, 2012
Docket Number: 10-4501

Justia Opinion Summary: Defendant pleaded guilty to a two-count information that charged him with producing child pornography, 18 U.S.C. 2251(a) and possessing child pornography, 18 U.S.C. 2252A(a)(5)(B), (b)(2), and was sentenced to concurrent...

Messier v. Bouchard Transp.  
Date: July 20, 2012
Docket Number: 10-5181

Justia Opinion Summary: Plaintiff, a seaman, contracted lymphoma and sued his former employer, a tugboat operator, seeking maintenance and cure. The doctrine of maintenance and cure concerns the vessel owner’s obligation to provide food, lodgin...

Gould v. Winstar Commc'n, Inc.  
Date: July 19, 2012
Docket Number: 10-4028

Justia Opinion Summary: Based on GT’s audit of the financial statements of its client, Winstar, plaintiffs (Winstar stockholders) claimed that GT committed securities fraud under the Securities Exchange Act of 1934, 15 U.S.C. 78j(b), and made f...

United States v. Gonzalez  
Date: July 19, 2012
Docket Number: 11-1490

Justia Opinion Summary: Convicted of conspiracy to distribute and to possess with intent to distribute cocaine, heroin, ketamine, and morphine, 21 U.S.C. 846; distribution and possession with intent to distribute cocaine and attempting to distr...

United States v. Morrison  
Date: July 16, 2012
Docket Number: 10-1926

Justia Opinion Summary: A jury convicted defendant of conspiracy, (Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1962(d)), and being a felon in possession of a firearm, (18 U.S.C. 922(g)). The district court upheld the firearm c...

Analytical Surveys, Inc. v. Tonga Partners, L.P.,  
Date: July 13, 2012
Docket Number: 09-2622

Justia Opinion Summary: Defendants held ASI notes that could be converted into shares of stock at either a pre-set price-per-share or a floating price that depended on share price over a defined period prior to conversion. A note was converted...

United States v. Zaleski  
Date: July 13, 2012
Docket Number: 11-660

Justia Opinion Summary: Zaleski was convicted of possessing machine guns, 18 U.S.C. 922(o), 924(a)(2); possessing a firearm with an obliterated serial number, 18 U.S.C. 922(k), 924(a)(1)(B); and possessing firearms, silencers, and destructive d...

United States v. Voustianiouk  
Date: July 12, 2012
Docket Number: 10-4420

Justia Opinion Summary: U.S. Immigration and Customs Enforcement obtained a report from German federal police indicating that the user of a particular IP address had child pornography on their computer. American officials traced the IP address,...

Ramos v. Baldor Specialty Foods, Inc.  
Date: July 12, 2012
Docket Number: 11-2616

Justia Opinion Summary: Plaintiffs, “captains” in defendants’ wholesale food warehouse, sought unpaid overtime wages, liquidated damages, and attorneys’ fees and costs, under the Fair Labor Standards Act 29 U.S.C. 207(a)(1), 216(b) and an analo...

United States v. Martini  
Date: July 11, 2012
Docket Number: 10-2210

Justia Opinion Summary: In 1987, Cassesse was convicted of conspiracy to distribute heroin and sentenced to five years’ probation. In 1991, he was convicted of possession with intent to distribute more than 500 grams of heroin and sentenced to...

Reynolds v. Barrett  
Date: July 11, 2012
Docket Number: 10-4208

Justia Opinion Summary: In 1986, minority inmates commenced a class action, alleging racial discrimination in housing, job assignment, and discipline. The trial judge found a “pattern of racism” and, in 1993, issued a decision requiring that th...

Port Auth. Police Asian Jade Soc'y v. The Port Auth. of NY & NJ  
Date: July 10, 2012
Docket Number: 10-1904

Justia Opinion Summary: Plaintiffs, 11 Asian-Americans currently or formerly Port Authority police officers, sued under Title VII of the Civil Rights Act, 42 U.S.C. 2000e, alleging that they were passed over for promotions because of race. The...

Paidi v. Mill  
Date: July 10, 2012
Docket Number: 10-4397

Justia Opinion Summary: Plaintiffs are non-immigrant aliens, authorized by the federal government to reside and work as pharmacists in the U.S. All reside in New York and are licensed pharmacists there pursuant to a statutory waiver to New York...

Schlessinger v. Valspar Corp.  
Date: July 10, 2012
Docket Number: 11-4430

Justia Opinion Summary: Plaintiffs purchased furniture from the Fortunoff store and purchased a furniture protection plan. Defendant sold the plans to Fortunoff, which in turn sold them to plaintiffs. After the Fortunoff store closed and the co...

Rates Tech. Inc. v. Speakeasy, Inc.  
Date: July 10, 2012
Docket Number: 11-4462

Justia Opinion Summary: RTI owns patents relating to the automatic routing of telephone calls based upon cost. Aware of infringement by Speakeasy, a telecommunications company, RTI offered to release Speakeasy from liability in exchange for a o...

23-34 94th St. Grocery Corp. v. NY City Bd. of Health  
Date: July 10, 2012
Docket Number: 11-91

Justia Opinion Summary: In 2009, the Board of Health of the City of New York adopted a resolution requiring all tobacco retailers to display signs bearing graphic images showing certain adverse health effects of smoking. The district court held...

Rivas v. Fischer  
Date: July 9, 2012
Docket Number: 10-1300

Justia Opinion Summary: Rivas, serving an indeterminate life sentence in New York for the second-degree murder of his former girlfriend, sought habeas corpus, 28 U.S.C. 2254. The district court dismissed the petition as barred by the statute's...

Pietrangelo v. Alvas Corp.  
Date: July 9, 2012
Docket Number: 11-189

Justia Opinion Summary: Plaintiff sued the city and others in Vermont state court. Defendants removed to federal district court, which dismissed. The Second Circuit affirmed, rejecting an argument that notice of removal and consent thereto were...

United States v. Jacque  
Date: July 9, 2012
Docket Number: 11-2142

Justia Opinion Summary: After obtaining an indictment against Jacques for the kidnapping, rape, and murder of a 12-year-old girl, the government filed a Notice of Intent to Seek the Death Penalty. Included in the Notice, as required by the Fede...

United States v. Williams  
Date: July 6, 2012
Docket Number: 11-676

Justia Opinion Summary: Convicted of unlawful possession of a firearm by a convicted felon, 18 U.S.C. 922(g)(2), Williams was sentenced to 70 months in prison. The Second Circuit affirmed, rejecting an argument that statements made by the pros...

United States v. Diamreyan  
Date: July 3, 2012
Docket Number: 10-3575

Justia Opinion Summary: Defendant was convicted of three counts of wire fraud, 18 U.S.C. 1343 and 2 and was sentenced to 151 months, for participation in an advance-fee scheme, in which the victim is persuaded to pay a sum of money up front in...

Galiano v. Fid. Nat'l Title Ins.  
Date: July 3, 2012
Docket Number: 10-4941

Justia Opinion Summary: Defendants are title insurance companies, members of TIRSA, a rate service organization. Plaintiffs purchased title insurance from defendants. Rates are established and regulated by the New York Insurance Department, N.Y...

Freeman v. Kadien  
Date: July 3, 2012
Docket Number: 11-353

Justia Opinion Summary: Freeman was convicted in New York of second-degree assault, second-degree vehicular assault, common law driving while intoxicated, and leaving the scene of an accident. He filed a petition for habeas corpus, arguing that...

United States v. Ramos  
Date: July 2, 2012
Docket Number: 10-4802

Justia Opinion Summary: Defendant was convicted of receiving and possessing child pornography in violation of 18 U.S.C. 2252A(a)(2)(A), 2252A(a)(5)(B), 2256(8)(A), and 2256(8)(C). The Second Circuit affirmed, rejecting an argument that his Fift...

M.H. v. NY City Dep't of Educ.  
Date: June 29, 2012
Docket Number: 10-2181

Justia Opinion Summary: The plaintiffs in consolidated cases are the parents of disabled children, challenging the procedural and substantive adequacy of Individualized Education Plans that the New York City Department of Education, developed f...

United States v. Hiciano  
Date: June 29, 2012
Docket Number: 10-3284

Justia Opinion Summary: Batista (a former veteran police officer) appealed his conviction for conspiracy to distribute cocaine, cocaine base, and ecstasy, 21 U.S.C. 846 and 841(a)(1); (2) conspiracy to commit bank fraud, 18 U.S.C. 1349 and 1344...

Brault v. Soc. Sec. Admin.  
Date: June 29, 2012
Docket Number: 11-2121

Justia Opinion Summary: Brault applied for Disability Insurance Benefits in 2007, claiming that he became disabled in 2006 because of nerve damage in his left arm and a cervical spine injury he sustained in a motor-vehicle accident. After his a...

United States v. Stewart  
Date: June 28, 2012
Docket Number: 10-3185

Justia Opinion Summary: In 1995, Sheikh Abdel Rahman was convicted of soliciting the murder of Egyptian President Mubarak while he was visiting New York; attacking American military installations; conspiring to murder President Mubarak; conspir...

Noel v. NY City Taxi & Limousine Comm'n  
Date: June 28, 2012
Docket Number: 12-41

Justia Opinion Summary: Two people who use wheelchairs and organizations that represent persons with disabilities brought a class action against the New York City Taxi and Limousine Commission and the TLC Commissioner for violation of Parts A a...

United States v. Esso  
Date: June 27, 2012
Docket Number: 11-570

Justia Opinion Summary: Defendant, a loan officer, recruited buyers to obtain mortgage loans for which they were not qualified by using false information. He was convicted of conspiracy to commit wire fraud and bank fraud, 18 U.S.C. 1349, and b...

Forest Park Pictures v. USA Network, Inc.  
Date: June 26, 2012
Docket Number: 11-2011

Justia Opinion Summary: In 2005, Forest Park formulated a concept for a television show called "Housecall," in which a doctor, after being expelled from the medical community for treating patients who could not pay, moved to Malibu, California,...

United States v. Sekhar  
Date: June 26, 2012
Docket Number: 11-4298

Justia Opinion Summary: Defendant threatened to reveal office gossip that the General Counsel of the New York State Comptroller's Office was having an affair unless the General Counsel recanted a recommendation to the State Comptroller to rejec...

State of New York v. Shinnecock Indian Nation  
Date: June 25, 2012
Docket Number: 08-1194

Justia Opinion Summary: In 2003, the Shinnecock Indian Nation entered began construction of a 61,000-square-foot casino on 80 acres in Southampton, New York. The Tribe did not obtain permits from the state or the town, but began bulldozing tree...

Mahon v. Chicago Title Ins. Co.  
Date: June 25, 2012
Docket Number: 10-3005

Justia Opinion Summary: Plaintiff, who dealt with Chicago Title sued both Chicago Title and Ticor, on behalf of herself and similarly situated individuals, alleging that they qualified for a reduced refinance rate, but paid more, and that the p...

Epps v. Poole  
Date: June 21, 2012
Docket Number: 10-2206

Justia Opinion Summary: Hearing that Warren had called him an insulting name, Darnell notified his friends to leave the area, entered the store, followed by his brother, Darryl. Darryl grabbed Warren and said “I told you to stay out of this sto...

Jabbar v. Fischer  
Date: June 21, 2012
Docket Number: 11-3765

Justia Opinion Summary: Plaintiff, a state inmate proceeding pro se, was knocked unconscious and injured when a prison transport bus, in which he was riding with his wrists and ankles shackled, took a sharp turn. He claimed defendants violated...

United States v. Gonzalez (Deida)  
Date: June 20, 2012
Docket Number: 11-2722

Justia Opinion Summary: Defendant appealed his conviction based on two counts of bank robbery and sentence of life imprisonment. The court held that the three strikes statutory scheme under 18 U.S.C. 3559(c)(1) was constitutional and did not vi...

United States v. Gowing
Date: June 18, 2012
Docket Number: 10-4073
Caraballo-Tavera v. Holder  
Date: June 18, 2012
Docket Number: 11-2517

Justia Opinion Summary: Petitioner, a native and citizen of the Dominican Republic, petitioned for review of the BIA's decision affirming the IJ's denial of his application for adjustment of status and order of removal. At issue was whether pet...

Scheidelman v. Commissioner of Internal Revenue  
Date: June 15, 2012
Docket Number: 10-3587

Justia Opinion Summary: Taxpayer appealed a decision of the Tax Court that disallowed her deduction for donating a "facade conservation easement" to the National Architectural Trust on the ground that there was no "qualified appraisal" within...

Matthews v. United States  
Date: June 14, 2012
Docket Number: 10-611

Justia Opinion Summary: Petitioner appealed from the district court's denial of his motion under 28 U.S.C. 2255 to vacate his conviction or correct his sentence on the principal grounds that he was denied effective assistance of trial counsel a...

United States v. D'Amelio  
Date: June 13, 2012
Docket Number: 09-2541

Justia Opinion Summary: The government appealed from the district court's decision vacating defendant's conviction of one count of attempted enticement of a minor and grant of his motion for a new trial under Fed. R. Crim. P. 33. The government...

Broadcast Music, Inc. v. DMX Inc.; American Society of Computers, Authors and Publishers v. THP Capstar Acquisition Corp.  
Date: June 13, 2012
Docket Numbers: 10-3429, 11-127

Justia Opinion Summary: In these parallel cases, separate petitions were filed requesting the district court to set a "reasonable" rate after ASCAP and BMI were unable to agree on licensing fees with DMX, a provider of background/foreground mus...

Star Mark Mgmt., Inc. v. Koon Chun Hing Kee Soy & Sauce Factory, Ltd.  
Date: June 13, 2012
Docket Number: 10-4931

Justia Opinion Summary: This case arose from a trademark infringement suit involving the sale of counterfeit versions of defendant's hoisin sauce. The district court subsequently imposed sanctions in fees and costs pursuant to FRCP 11 against p...

Altman v. SEC, et al.  
Date: June 12, 2012
Docket Number: 11-2074

Justia Opinion Summary: Plaintiff, an attorney admitted to practice in New York, appealed from an order of the district court dismissing his complaint for lack of subject matter jurisdiction because Section 25(a) of the Securities and Exchange...

United States v. Gowing  
Date: June 6, 2012
Docket Number: 10-4073

Justia Opinion Summary: Defendants were convicted on charges arising from an elaborate, years-long financial fraud. Defendant Gowing continued to take actions in furtherance of the conspiracy to defraud even after he was arrested and released a...

Analytical Surveys, Inc. v. Tonga Partners, L.P., et al.  
Date: June 4, 2012
Docket Number: 09-2622

Justia Opinion Summary: Defendants appealed from the district court's holding that defendants were liable to plaintiff in the total amount of $4,965,898.95 for profits earned in short-swing insider trading and from an order denying defendants'...

United States v. Decastro  
Date: June 1, 2012
Docket Number: 10-3773

Justia Opinion Summary: Defendant was convicted of transporting into his state of residence a firearm acquired in another state in violation of 18 U.S.C. 922(a)(3). Defendant appealed on the ground that section 922(a)(3) violated his Second Ame...

In re: American Express Merchant Litig.
Date: May 29, 2012
Docket Number: 06-1871
Pope v. County of Albany  
Date: May 29, 2012
Docket Number: 11-3439

Justia Opinion Summary: Plaintiffs, black and Hispanic registered voters in Albany County, sued the County and the Board of Elections (collectively, defendants) for enacting a redistricting plan for the Albany County Legislature (Local Law C) i...

USAA Casualty Ins. Co. v. Permanent Mission Of The Republic of Namibia  
Date: May 25, 2012
Docket Number: 10-4892

Justia Opinion Summary: The Mission brought this interlocutory appeal from the district court's denial of immunity under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1602-1611. At issue was whether the Mission could be sued for the da...

Panther Partners Inc. v. Ikanos Communications, Inc.  
Date: May 25, 2012
Docket Number: 11-63

Justia Opinion Summary: Plaintiff appealed an order of the district court denying leave to amend its complaint alleging violations of section 11, 12(a)(2), and 15 of the Securities Act of 1933, 15 U.S.C. 77k, 77l(a)(2), 77o. The proposed compla...

Meilleur v. Strong  
Date: May 24, 2012
Docket Number: 11-2729

Justia Opinion Summary: Plaintiff, proceeding pro se and in forma pauperis, appealed an order of the district court dismissing her 42 U.S.C. 1983 claim for failure of timely service and a subsequent order denying her Rule 60(b) "motion to open....

Elfgeeh v. United States  
Date: May 23, 2012
Docket Number: 10-4498

Justia Opinion Summary: Petitioner appealed the denial of his petition for a writ of habeas corpus. The court granted a certificate of appealability as to whether petitioner's representation was per se ineffective under the Sixth Amendment when...

United States v. Carthen  
Date: May 23, 2012
Docket Number: 10-4817

Justia Opinion Summary: Defendant appealed from the adoption by the district court of a magistrate judge's report and recommendation to revoke his supervised release for violating a mandatory condition of supervision that he "shall not commit a...

Southerland v. City of New York
Date: May 22, 2012
Docket Number: 07-4449
ASCAP v. MobiTV, Inc.  
Date: May 22, 2012
Docket Number: 10-3161

Justia Opinion Summary: This appeal concerned the determination of the proper royalty ASCAP was entitled to receive for a blanket public performance license for music in the ASCAP repertory that was embodied in television and radio content to b...

American Civil Liberties Union v. Dept. of Justice  
Date: May 21, 2012
Docket Number: 10-4290

Justia Opinion Summary: The Government appealed from the district court's judgment requiring the Government to disclose, pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552, information redacted from two memoranda prepared by the OL...

Lyons v. Lancer Ins. Co.  
Date: May 21, 2012
Docket Number: 10-4569

Justia Opinion Summary: Plaintiffs were awarded a judgment in August 2006 in a state-court negligence action against TFD, one of whose buses had struck a vehicle operated by one of the plaintiffs. Plaintiffs subsequently appealed the district c...

United States v. Hiciano (Batista)  
Date: May 17, 2012
Docket Number: 10-3284

Justia Opinion Summary: Defendants appealed from separate judgments of conviction related to their activities in a narcotics trafficking ring. Defendants raised numerous issues on appeal. Having conducted an independent review of the record, th...

Galloway v. Town of Greece  
Date: May 17, 2012
Docket Number: 10-3635

Justia Opinion Summary: Plaintiffs appealed from a grant of summary judgment dismissing their challenge to the legislative prayer practice at Town Board meetings in the Town of Greece, New York. Since 1999, the town has begun its Town Board mee...

United States v. Williams  
Date: May 17, 2012
Docket Number: 11-324

Justia Opinion Summary: This appeal arose out of the suppression of defendant's station house confession to unlawful dealings in firearms. That confession followed an incriminating statement made in response to brief questioning at the apartmen...

United States v. David  
Date: May 17, 2012
Docket Number: 11-741

Justia Opinion Summary: Defendant appealed from a judgment of the district court sentencing him principally to a term of imprisonment of 228 months for committing drug offenses. At issue was whether the district court correctly determined, for...

Johnson v. Killian  
Date: May 16, 2012
Docket Number: 10-4651

Justia Opinion Summary: Plaintiff, a follower of Islam, was incarcerated at the Federal Correctional Institution in Otisville, New York (FCI Otisville). Plaintiff's religious beliefs required participation in congregational prayer five times a...

United States v. Rood  
Date: May 15, 2012
Docket Number: 11-2174

Justia Opinion Summary: This appeal arose from defendant's conviction, after a guilty plea, on child pornography charges. Defendant challenged his conviction and sentence. The court held that the district court erred when it imposed a mandatory...

Southerland v. City of New York
Date: May 14, 2012
Docket Number: 07-4449
United States v. Wagner-Dano  
Date: May 14, 2012
Docket Number: 10-4593

Justia Opinion Summary: Defendant pleaded guilty to wire fraud and subsequently appealed her sentence of principally 78 months' imprisonment. Defendant argued that her sentence was procedurally defective and substantively unreasonable. Defendan...

Akinsade v. Holder
Date: May 11, 2012
Docket Number: 10-662
National Labor Relations Board v. Starbucks Corp.  
Date: May 10, 2012
Docket Number: 10-3511

Justia Opinion Summary: This petition for enforcement of an order of the Board and an employer's cross-petition for review primarily concerned the validity of an employer's dress code provision limiting employees to displaying only prounion but...

Amerex Group, Inc. v. Lexington Ins. Co.  
Date: May 10, 2012
Docket Number: 10-4163

Justia Opinion Summary: This case arose from a longstanding insurance dispute between plaintiffs and their excess insurers. Plaintiffs appealed an order of appraisal in the district court and that court's subsequent order confirming the apprais...

City of Omaha v. CBS Corp.  
Date: May 10, 2012
Docket Number: 11-2575

Justia Opinion Summary: Plaintiffs appealed from the dismissal of their amended and second amended complaints for failure to state a claim under Rule 12(b)(6). The two complaints asserted claims for relief against defendants under Sections 10(b...

Commack Self-Service Kosher v. Hooker  
Date: May 10, 2012
Docket Number: 11-3517

Justia Opinion Summary: Plaintiffs appeal from an order of the district court dismissing their complaint for failure to state a claim upon which relief could be granted. Plaintiffs argued that New York's Kosher Law Protection Act of 2004 (Koshe...

Townsend v. Benjamin Enterprises, Inc.  
Date: May 9, 2012
Docket Number: 09-0197

Justia Opinion Summary: Plaintiff Townsend alleged that she was sexually harassed by defendant, who was the husband of the President of her company, the sole corporate Vice President, as well as a shareholder of the company. Before Plaintiff Gr...

Redd v. NYS Division of Parole  
Date: May 4, 2012
Docket Number: 10-1410

Justia Opinion Summary: Plaintiff appealed from a judgment of the district court dismissing her complaint alleging disparate treatment on the basis of race and gender, retaliation, and sexual harassment by her employer, the State Parole Divisio...

The Building Industry Electric Contractors Assoc., et al. v. City of New York et al.  
Date: May 4, 2012
Docket Number: 11-3590

Justia Opinion Summary: Plaintiffs appealed the dismissal of their complaint challenging a number of agreements entered into by the City of New York with respect to labor conditions on certain City construction projects. Plaintiffs argued that...

Hop Energy, L.L.C. v. Local 553 Pension Fund  
Date: May 3, 2012
Docket Number: 10-3889

Justia Opinion Summary: HOP Energy appealed from the district court's confirmation of an arbitration award in favor of Local 553 Pension Fund. The district court held that HOP Energy was not exempt from withdrawal liability under the Multi-Empl...

Sarmiento v. United States  
Date: May 2, 2012
Docket Number: 11-3752

Justia Opinion Summary: Plaintiffs appealed an order of the district court granting in part and denying in part the motion of defendant to dismiss the complaint for failure to state a claim. Plaintiffs contended that the IRS wrongfully withheld...

Casey v. Merck & Co.
Date: May 1, 2012
Docket Number: 10-1137
Akinsade v. Holder  
Date: May 1, 2012
Docket Number: 10-662

Justia Opinion Summary: Petitioner, a noncitizen from Nigeria, petitioned for review of the BIA's decision affirming the IJ's decision finding petitioner removable under Immigration and Nationality Act (INA) section 237(a)(2)(A)(iii), 8 U.S.C....

United States v. Litwok  
Date: April 30, 2012
Docket Number: 10-1985

Justia Opinion Summary: Defendant appealed her conviction of one count of mail fraud and three counts of tax evasion for calendar years 1995-1997. On appeal, defendant contended that the trial evidence was insufficient to support her conviction...

United States v. Ramos  
Date: April 26, 2012
Docket Number: 10-3982

Justia Opinion Summary: Defendant appealed his conviction following his guilty plea to illegally transporting aliens within the United States; assisting an inadmissible alien in entering the United States; and illegally being present in the Uni...

Morris v. Holder  
Date: April 23, 2012
Docket Number: 10-4687

Justia Opinion Summary: Petitioner, a native and citizen of the Grenadines, petitioned for review of the BIA's order affirming the IJ's finding that he was removable based on his second-degree assault conviction in violation of New York Law 120...

Higgins v. Holder  
Date: April 19, 2012
Docket Number: 11-924

Justia Opinion Summary: Petitioner, a native and citizen of Jamaica, petitioned for review of the BIA's denial of his requests for cancellation of removal and a waiver of inadmissibility. The court held that a conviction for witness tampering u...

United States v. Zangari  
Date: April 18, 2012
Docket Number: 10-4546

Justia Opinion Summary: Defendant, a securities broker, pleaded guilty to charges related to his conduct involving a bribe greater than $70,000. On appeal, defendant contended that the district court erred in calculating restitution insofar as...

Terranova v. State of New York  
Date: April 16, 2012
Docket Number: 09-5025

Justia Opinion Summary: Plaintiffs, motorcyclists, appealed from a jury verdict finding New York State Troopers not liable for injuries that plaintiffs sustained, including one plaintiff who sustained mortal injuries during a traffic stop. Plai...

Absolute Activist v. Ficeto
Date: April 13, 2012
Docket Number: 11-221
United States v. Aleynikov  
Date: April 11, 2012
Docket Number: 11-1126

Justia Opinion Summary: Defendant, a computer programmer employed by Goldman Sachs & Co., appealed his conviction for stealing and transferring proprietary computer source code of Goldman's high frequency trading system in violation of the Nati...

In re: Quigley Company, Inc.  
Date: April 10, 2012
Docket Number: 11-2635

Justia Opinion Summary: This case required the court to address the scope of federal bankruptcy jurisdiction over suits against non-debtor third parties, as well as the scope of a stay issued pursuant to 11 U.S.C. 524(g)(4). Pfizer and Quigley...

Stevens v. Miller  
Date: April 10, 2012
Docket Number: 11-5343

Justia Opinion Summary: Petitioner was convicted of Robbery in the Third Degree. The State subsequently appealed from an order of the district court denying the State's motion under Rule 60(b)(6) to vacate the district court's grant of habeas r...

Ahlers v. Rabinowitz  
Date: April 6, 2012
Docket Number: 10-1193

Justia Opinion Summary: Plaintiff appealed from a judgment from the district court dismissing his 42 U.S.C. 1983 claims. Plaintiff was a convicted sex-offender who had been civilly committed post-release from prison and he alleged that when he...

Disability Advocates, Inc. v. New York Coalition for Quality Assisted Living, Inc, et al.  
Date: April 6, 2012
Docket Number: 10-235

Justia Opinion Summary: The district court ordered the Governor of the State of New York and various state commissioners and agencies to make certain modifications to the State's mental health system to ensure compliance with 28 C.F.R. 35.130(d...

Prospect Capital Corp. v. Enmon  
Date: April 6, 2012
Docket Number: 10-2811

Justia Opinion Summary: Arnold & Itkin, a Texas-based law firm, appealed from a judgment of the district court sanctioning it for its conduct in opposing the arbitration of a dispute between its clients. Arnold & Itkin challenged the determinat...

United States v. Scott  
Date: April 6, 2012
Docket Number: 10-3978

Justia Opinion Summary: This appeal arose from defendant's judgment of conviction for one count of distributing, and possessing with the intent to distribute, a controlled substance. At his trial, the prosecution introduced, over the defense's...

Bessemer Trust Company, N.A. v. Branin
Date: April 5, 2012
Docket Number: 08-2462
Viacom International, Inc., et al. v. Youtube, Inc., et al.; The Football Assoc. Premier League Ltd., et al. v. Tur, et al.  
Date: April 5, 2012
Docket Numbers: 10-3270, 10-3342

Justia Opinion Summary: Plaintiffs appealed from the judgment of the district court granting summary judgment to defendants on all claims of direct and secondary copyright infringement based on a finding that defendants were entitled to safe ha...

United States v. Pitera  
Date: April 3, 2012
Docket Number: 10-1564

Justia Opinion Summary: Defendant appealed from the district court's denial of his motion to compel post-conviction DNA testing of six items pursuant to the Innocence Protection Act, 18 U.S.C. 3600 et seq. Defendant contended that the testing o...

Anderson News, L.L.C. v. American Media, Inc.  
Date: April 3, 2012
Docket Number: 10-4591

Justia Opinion Summary: This action involved the single-copy magazine industry, i.e., the business of selling magazines for purchase by consumers at retail outlets. Anderson appealed (1) from a judgment of the district court dismissing their co...

NML Capital, Ltd. v. Republic of Argentina  
Date: March 30, 2012
Docket Number: 10-4450

Justia Opinion Summary: This case arose when plaintiffs acquired on the secondary market hundreds of millions of dollars of non-performing bonds issued by the Republic of Argentina. In due course, plaintiffs began to bring suit in the United St...

Louis Vuitton Malletier S.A. v. LY USA, Inc., et al.  
Date: March 29, 2012
Docket Number: 08-4483

Justia Opinion Summary: This case involved the importation and sale of counterfeit luxury goods bearing trademarks owned by Louis Vuitton (plaintiff) and others. Defendants appealed from the district court's judgment granting summary judgment t...

United States v. Oyewumi  
Date: March 29, 2012
Docket Number: 10-3427

Justia Opinion Summary: Defendant was convicted of conspiring to distribute heroin, aggravated theft, and making false statements on a matter within the jurisdiction of a federal agency. Defendant appealed his convictions for aggravated identit...

Huang v. Holder  
Date: March 27, 2012
Docket Number: 10-1263

Justia Opinion Summary: Petitioner and her husband, natives and citizens of the People's Republic of China (PRC), petitioned for review of the BIA's denial of their application for asylum and other relief despite a finding by an IJ that petitio...

Macey v. Carolina Casualty Insurance Co.
Date: March 23, 2012
Docket Number: 08-6067
Cuff v. Valley Central School District  
Date: March 22, 2012
Docket Number: 10-2282

Justia Opinion Summary: Plaintiffs appealed from the district court's grant of summary judgment, dismissing their complaint, which alleged that an elementary school student's First Amendment rights were violated when he was suspended for six da...

Bigio v. The Coca-Cola Co.  
Date: March 19, 2012
Docket Number: 10-3607

Justia Opinion Summary: Plaintiffs appealed from a judgment of the district court granting defendants' motion to dismiss and denying as moot plaintiffs' motion for summary judgment on liability. The District Court held that plaintiffs failed to...

SEC v. Citigroup Global Markets Inc.  
Date: March 15, 2012
Docket Number: 11-5227

Justia Opinion Summary: This case arose as part of an industry-wide investigation into certain abuses that contributed to the recent financial crisis. The SEC moved for a stay of district court proceedings, pending resolution of its and Citigro...

United States v. Roccisano  
Date: March 14, 2012
Docket Number: 10-5237

Justia Opinion Summary: Defendant pleaded guilty to illegal reentry in violation of 8 U.S.C. 1326(a) and (b)(2). On appeal, defendant contended that the district court miscalculated his applicable sentencing range under the Guidelines range by...

Brown v. City of Syracuse, et al.  
Date: March 13, 2012
Docket Number: 10-529

Justia Opinion Summary: Plaintiff, an African-American and former Syracuse police officer, was suspended with pay pending investigation of an incident involving a fifteen-year-old girl whom he took to a hotel knowing she was a runaway. He was e...

Rogers v. Petroleo Brasileiro, S.A.  
Date: March 13, 2012
Docket Number: 10-4047

Justia Opinion Summary: Defendant appealed from an order of the district court denying his motion to dismiss, for lack of subject matter jurisdiction, plaintiffs' separate actions to recover for breach of contract. The district court based its...

Hilton v. Wright, et al.  
Date: March 9, 2012
Docket Number: 10-135

Justia Opinion Summary: Plaintiff, a prison inmate, appealed from the judgment of the district court dismissing his complaint against defendants after granting defendants' motion for summary judgment on plaintiff's individual claims for damages...

Arditi v. Lighthouse Int'l
Date: March 9, 2012
Docket Number: 11-423
Otal Investments, Ltd. v. M/V. Tricolor  
Date: March 8, 2012
Docket Number: 08-3031

Justia Opinion Summary: The owners of each of the three vessels involved in the collision at issue appealed the district court's allocation of liability. In addition, the owners of the M/V Clary contended that they were entitled to limit their...

Niagara Mohawk Power Corp. v. Hudson River-Black River Regulating Dist.  
Date: March 7, 2012
Docket Number: 10-4402

Justia Opinion Summary: National Grid challenged the constitutional and statutory authority of the District, a New York public benefit corporation, to assess it for benefits that its property along the Hudson River received from a dam and reser...

Jacobson v. Metropolitan Property & Casualty Ins.  
Date: March 6, 2012
Docket Number: 11-220

Justia Opinion Summary: Plaintiff challenged defendant's denial of coverage under the terms of an insurance policy provided under the National Flood Insurance Program, a program created by Congress that subsidized flood insurance for individual...

Brandi-Dohrn v. IKB Deutsche Industriebank AG  
Date: March 6, 2012
Docket Number: 11-4851

Justia Opinion Summary: Petitioner appealed from an order of the district court granting respondent's motion to quash subpoenas issued pursuant to 28 U.S.C. 1782. Petitioner sought assistance from the district court to order discovery from thre...

Licci v. Lebanese Canadian Bank, et al.  
Date: March 5, 2012
Docket Number: 10-1306

Justia Opinion Summary: Plaintiffs appealed a decision and order of the district court granting the motions to dismiss filed by defendants, LCB and AmEx. Plaintiffs, all Israeli residents, were allegedly injured or their family members killed o...

Hayes v. State of New York Attorney Grievance Comm.  
Date: March 5, 2012
Docket Number: 10-1587

Justia Opinion Summary: This appeal concerned a First Amendment challenge to a New York rule requiring attorneys to identify themselves as certified specialists to make a prescribed disclosure statement. At issue was whether Rule 7.4 of the New...

Absolute Activist Value Master Fund Ltd., et al. v. Ficeto, et al.  
Date: March 1, 2012
Docket Number: 11-221

Justia Opinion Summary: Plaintiffs, nine Cayman Island hedge funds, appealed from a judgment of the district court dismissing their complaint with prejudice. At issue was whether foreign funds' purchases and sales of securities issued by U.S. c...

Raedle v. Credit Agricole Indosuez, et al.  
Date: February 28, 2012
Docket Number: 10-2565

Justia Opinion Summary: This cross-appeal arose out of the trial and retrial of plaintiff's claim against his former employer and his supervisor for tortious interference with a job offer from another firm. Upon retrial, the second jury returne...

In Re: Coudert Brothers LLP  
Date: February 28, 2012
Docket Number: 10-2723

Justia Opinion Summary: Statek appealed from an order of the district court affirming the order of the bankruptcy court, disallowing its claim against the bankruptcy estate of Coudert and affirming the denial of Statek's motion to reconsider th...

Zheng v. Holder  
Date: February 27, 2012
Docket Number: 10-3838

Justia Opinion Summary: Petitioner, a native and citizen of the People's Republic of China, appealed the BIA's decision affirming an IJ's finding that she filed a frivolous asylum application. At issue was whether (1) a "frivolousness finding"...

The Bank of New York Mellon v. Walnut Place LLC  
Date: February 27, 2012
Docket Number: 11-5309

Justia Opinion Summary: The Bank of New York Mellon, acting in its capacity as trustee of trusts established to hold residential mortgage-backed securities, settled claims that the originator and servicer breached obligations owed to the trusts...

Guamanrrigra v. Holder  
Date: February 24, 2012
Docket Number: 10-4191

Justia Opinion Summary: Petitioner, a native and citizen of Ecuador, sought review of the BIA's decision affirming the IJ's denial of his application for cancellation of removal and ordering him removed. At issue was whether the notice requirem...

Crocock v. Holder, Jr.  
Date: February 23, 2012
Docket Number: 11-1123

Justia Opinion Summary: Petitioner, a native and citizen of Ireland, sought review of an order of the BIA finding him ineligible for adjustment of status due to his inadmissibility under section 212(a)(6)(c)(ii) of the Immigration and Nationali...

United States v. Aleynikov
Date: February 23, 2012
Docket Number: 11-1126
United States v. Moore  
Date: February 22, 2012
Docket Number: 10-2740

Justia Opinion Summary: Defendant appealed from a judgment entered in the district court on a plea of possession of a firearm by a felon. After defendant's arrest, defendant inculpated himself when he was questioned by police before he received...

United States v. Banki
Date: February 22, 2012
Docket Number: 10-3381
In re: Parmalat Securities Litigation
Date: February 21, 2012
Docket Number: 09-4302
United States v. Banki
Date: February 21, 2012
Docket Number: 10-3381
United States v. Hsu  
Date: February 17, 2012
Docket Number: 09-4152

Justia Opinion Summary: Defendant pled guilty to several counts of mail and wire fraud, was convicted by a jury of violations of federal campaign finance law, and was sentenced to 292 months in prison. Defendant appealed the resulting judgment...

Vega v. Walsh  
Date: February 17, 2012
Docket Number: 10-2540

Justia Opinion Summary: Petitioner was convicted, inter alia, of murder and appealed the denial of his petition for a wit of habeas corpus brought under 28 U.S.C. 2254. Petitioner alleged that his rights were violated by the trial court's admis...

United States v. Gilliard  
Date: February 17, 2012
Docket Number: 11-1088

Justia Opinion Summary: Defendant appealed from a judgment following his guilty plea to conspiring to distribute and possess with intent to distribute heroin. On appeal, defendant contended that his above-Guidelines sentence was procedurally un...

United States v. Culbertson
Date: February 16, 2012
Docket Number: 10-1766
United States v. Aleynikov
Date: February 16, 2012
Docket Number: 11-1126
Baker, et al. v. Goldman Sachs & Co.  
Date: February 15, 2012
Docket Number: 11-1591

Justia Opinion Summary: Plaintiffs appealed from Judge Jones's quashing of a subpoena directed to Jesse Eisinger, a former Wall Street Journal (WSJ) reporter, based on New York's journalists' Shield Law, New York Civil Rights Law 79-h. At issue...

United States v. Coppola  
Date: February 14, 2012
Docket Number: 10-65

Justia Opinion Summary: Defendant appealed his conviction for substantive and conspiratorial racketeering stemming from his involvement with the Genovese organized crime family. The court concluded that: (1) Racketeering Act One stated valid su...

Mathis v. U.S. Securities & Exchange Commission  
Date: February 14, 2012
Docket Number: 10-429

Justia Opinion Summary: Petitioner, a registered representative and principal with various brokerage firms over the years, sought review of a final order of the Commission, which concluded that he willfully failed to disclose the existence of c...

Levitt v. Brook  
Date: February 14, 2012
Docket Number: 11-1233

Justia Opinion Summary: Defendant appealed from a judgment of the district court granting plaintiff's motion to compel outstanding attorneys' fees owed to plaintiff by defendant in connection with plaintiff's representation of defendant in a fe...

Garbutt v. Conway  
Date: February 9, 2012
Docket Number: 10-1039

Justia Opinion Summary: Petitioner was convicted in New York state court of second-degree murder on a theory of depraved indifference to human life in violation of New York Penal Law 125.25[2]. Petitioner appealed the judgment of the district c...

Arditi v. Lighthouse Int'l  
Date: February 9, 2012
Docket Number: 11-423

Justia Opinion Summary: In this case, the district court found that plaintiff's claims against defendant were preempted by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., because they arose under defendant's Pension...

United States v. Knight
Date: February 6, 2012
Docket Number: 09-5195
Scandinavian Reinsurance Co. v. St. Paul Fire & Marine Ins.  
Date: February 3, 2012
Docket Number: 10-910

Justia Opinion Summary: St. Paul appealed from the district court's grant of a petition by Scandinavian to vacate an arbitral award in St. Paul's favor and denying a cross-petition by St. Paul to confirm the same award. St. Paul had initiated t...

Gallop v. Cheney
Date: February 3, 2012
Docket Number: 10-1241
United States v. Culbertson  
Date: February 3, 2012
Docket Number: 10-1766

Justia Opinion Summary: Defendant pleaded guilty to four counts of a multi-count superseding indictment, including a charge of conspiracy to import 100 grams or more of heroin and five kilograms or more of cocaine, and was sentenced to 120 mont...

Southerland v. City of New York
Date: February 2, 2012
Docket Number: 07-4449
Alliance for Open Society Inl v. U.S. Agency for Inl Dev.
Date: February 2, 2012
Docket Number: 08-4917
Lore v. City of Syracuse, et al.  
Date: February 2, 2012
Docket Number: 09-3772

Justia Opinion Summary: The City appealed from a district court order requiring it to pay plaintiff damages, attorneys' fees, and costs for retaliation against her in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et se...

Gallop v. Cheney
Date: February 2, 2012
Docket Number: 10-1241
In Re: American Express Merchant Litigation
Date: February 1, 2012
Docket Number: 06-1871
United States v. Lyttle  
Date: February 1, 2012
Docket Number: 09-5195

Justia Opinion Summary: Defendant was convicted of numerous offenses relating to her involvement in a fraudulent "high-yield investment program." Before defendant was indicted and before the applicable statute of limitations had run, the distri...

Muto, et al. v. CBS Corp.  
Date: February 1, 2012
Docket Number: 10-3038

Justia Opinion Summary: Plaintiffs appealed from the judgment of the district court dismissing as time-barred their putative class action complaint against their former employer and the employer's pension plan for benefits alleged to be due und...

United States v. Cain, Jr., et al.  
Date: January 31, 2012
Docket Number: 09-0707

Justia Opinion Summary: Defendants appealed from judgments following a jury trial that resulted in their convictions for racketeering and related offenses. Defendants all contended, inter alia, that the district court erred in failing to instru...

Fowlkes v. Thomas, et al.  
Date: January 31, 2012
Docket Number: 10-5192

Justia Opinion Summary: Plaintiff, pro se and incarcerated, appealed the district court's order denying his post-judgment motion for an order directing the Social Security Administration (SSA) to re-tender a check for retroactive supplemental s...

Collins v. Ercole  
Date: January 26, 2012
Docket Number: 10-2331

Justia Opinion Summary: In 1988 petitioner was convicted of first-degree robbery. After his release, he was arrested for murder and attempted murder and, in 2001, entered a plea of guilty in New York state court. Treating the attempted murder a...

United States v. Watkin  
Date: January 26, 2012
Docket Number: 10-2971

Justia Opinion Summary: Defendant entered a guilty plea to transporting a minor in interstate commerce with intent to engage in criminal sexual activity, 18 U.S.C. 2423(a), and was sentenced to a 233-month term of imprisonment. The court applie...

Chevron Corp. v. Donziger  
Date: January 26, 2012
Docket Number: 11-1150

Justia Opinion Summary: Following about 30 years of oil extraction in the Ecuadorian Amazon, Ecuadorians brought a variety of claims against the company and obtained judgment in Ecuador. Chevron, a potential judgment-debtor, brought action unde...

TIFD III-E Inc. v. United States  
Date: January 24, 2012
Docket Number: 10-70

Justia Opinion Summary: The United States appealed from a judgment of the district court invalidating two notices of Final Partnership Administrative Adjustments issued by the IRS. The district court so ruled because it concluded that the taxpa...

Parker v. Ercole  
Date: January 23, 2012
Docket Number: 10-2510

Justia Opinion Summary: Petitioner was convicted in a New York state court of second-degree murder. Petitioner subsequently appealed the denial of his 28 U.S.C. 2254 habeas petition. The court held that because the evidence was sufficient to su...

Huppe v. WPCS Int'l, Inc.  
Date: January 20, 2012
Docket Number: 08-4463

Justia Opinion Summary: Defendants appealed from a judgment of the district court in favor of plaintiff on claims of Section 16(b) of the Securities and Exchange Act of 1934, 15 U.S.C. 78p(b). At issue was whether a beneficial owner's acquisiti...

United States v. Barner  
Date: January 13, 2012
Docket Number: 10-3700

Justia Opinion Summary: Defendant was charged with being a previously-convicted felon in possession of firearms and ammunition and seeking forfeiture of the unlawfully possessed property. Defendant's motion to suppress evidence obtained during...

Ognibene, et al. v. Parkes, et al.
Date: January 12, 2012
Docket Number: 09-0994
Ognibene, et al. v. Parkes, et al.
Date: January 12, 2012
Docket Number: 09-0994
United States v. Baker  
Date: January 12, 2012
Docket Number: 10-1925

Justia Opinion Summary: Defendant was convicted of possessing a firearm and sentenced to a mandatory minimum of 15 years' imprisonment. On appeal, defendant challenged the district court's determination that he had three or more prior convictio...

Capital Mgmt Select Fund Ltd., et al. v. Bennett et al.  
Date: January 10, 2012
Docket Number: 08-6166

Justia Opinion Summary: Former customers of RCM, a subsidiary of the now-bankrupt Refco, appealed from a dismissal of their securities fraud claims against former corporate officers of Refco and Refco's former auditor. RCM operated as a securit...

United States v. Collin  
Date: January 9, 2012
Docket Number: 10-1048

Justia Opinion Summary: Defendant was convicted of conspiracy, securities fraud, and wire fraud. On appeal, defendant contended, inter alia, that the trial court committed prejudicial error when it failed to disclose the contents of a jury note...

National Labor Relations Board v. County Waste of Ulster, LLC  
Date: January 6, 2012
Docket Number: 10-3359

Justia Opinion Summary: The Board petitioned to enforce its August 2010 decision and order, concluding that County Waste violated section 8(a)(2) of the National Labor Relations Act, 29 U.S.C. 158(a)(2), by allowing Local 124 to distribute a bo...

New York Civil Liberties Union v. New York City Transit Authorit
Date: January 4, 2012
Docket Number: 10-372