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  • Kaziu v. U.S.

    Publication Date: 2024-07-24
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Guido Calabresi
    Attorneys: For plaintiff: For Petitioner-Appellant Betim Kaziu: Yoav M. Griver, Zeichner Ellman & Krause LLP, New York, New York.
    for defendant: For Respondent-Appellee United States of America: Breon Peace, United States Attorney, Saritha Komatireddy And Robert M. Pollack, Assistant United States Attorneys, Eastern District of New York, Brooklyn, New York.
    Case Number: 121-1247-pr

    District Court Exceeded Its Discretion in Declining Full De Novo Resentencing Proceeding

  • Henry v. Oluwole

    Publication Date: 2024-07-23
    Practice Area: Civil Procedure
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Steven J. Menashi
    Attorneys: For plaintiff: No appearance for Plaintiff-Appellee.
    for defendant: For Defendant-Appellant: John F. Costa, Ryan Ryan Deluca LLP, Bridgeport, CT.
    Case Number: 21-2468

    Default Judgment Should Have Been Set Aside as Inconsistent With Jury's Verdict

  • July 22, 2024 | Law.com

    Appellate Courts Skeptical About Bankruptcy Court Sanctions

    Recent appellate decisions reflect a distaste for appeals from bankruptcy court sanction orders. A split Fourth Circuit even refused to hear such an appeal. Other courts tend to limit sanctions or, alternatively, accept a bankruptcy judge's findings under a stringent "abuse of discretion" standard.

    12 minute read

  • Horton v. The Kansas City S. Ry. Co.

    Publication Date: 2024-07-22
    Practice Area: Government | Transportation | Wrongful Death
    Industry:
    Court: Supreme Court
    Judge: Justice Boyd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0769

    A Kansas City Southern Railway Company train collided with decedent's pickup truck as she drove across a railroad track on a rural road near her home.

  • Emilee Carpenter LLC v. James

    Publication Date: 2024-07-22
    Practice Area: Civil Rights | Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Alison J. Nathan
    Attorneys: For plaintiff: For Plaintiffs-Appellants: John J. Bursch, Jonathan A. Scruggs, Jacob P. Warner, on the brief, Bryan D. Neihart, Alliance Defending Freedom, Washington, DC.
    for defendant: For Plaintiffs-Appellants: Raymond J. Dague, Dague & Martin, P.C., Syracuse, NY. For LetitiaJames, Attorney General, State of New York, Albany, NY, for Defendants-Appellees Letitia James and Maria L. Imperial: Barbara D. Underwood, Alexandria Twinem, on the brief, Jeffrey W. Lang. For Defendant-Appellee Weeden Wetmore: M. Hyder Hussain, County of Chemung Department of Law, Elmira, NY.
    Case Number: 22-75

    Public Accommodation Laws' Breach of First Amendment Speech, Religion Rights Not Shown

  • July 19, 2024 | National Law Journal

    9th Circuit's Unusually Low Reversal Rate This Supreme Court Term Doesn't Tell Full Story

    "Within this 50% affirmance rate, which is itself surprising to most people, you have individual cases that depart from the pattern one has come to expect in Ninth Circuit cases in the Supreme Court," said professor Arthur Hellman. "[But] I think it may be simply happenstance."

    7 minute read

  • Deblase v. Hill

    Publication Date: 2024-07-19
    Practice Area: Civil Procedure
    Industry:
    Court: Supreme Court, Kings
    Judge: Justice Aaron D. Maslow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 522689/2023

    Court Orders Amicus Briefs in Case Involving Emotional Distress of Deceased Dog

  • Chestnut v. United Methodist Church

    Publication Date: 2024-07-18
    Practice Area: Civil Procedure
    Industry:
    Court: Appellate Division, Second Department
    Judge: Justice Lillian Wan
    Attorneys: For plaintiff: For Respondent: John Francis McAllister and Meghna Sridhar of counsel, McAllister Olivarius, New York, NY.
    for defendant: For Appellants: Keri A. Wehrheim of counsel, Schahill Law Group, P.C., Bethpage, NY.
    Case Number: 2023-08081

    Church Is Not Jural Entity Capable of Being Sued as Unincorporated Association

  • Omstead v. BPG Inspection, LLC et al.

    Publication Date: 2024-07-15
    Practice Area: Contracts | Wrongful Death
    Industry: Construction
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: James Darren Summerville, Kristopher Robert Alderman, (The Summerville Firm, LLC), Atlanta, Lance D. Lourie, Stephen Roberts Chance, Andrew John King, (Lourie Chance Forlines Carter & King, PC), Atlanta, for appellant.
    for defendant: Leah Ward Sears, Edward Davison Burch, Jr., Edward H. Wasmuth, Jr., (Smith, Gambrell & Russell, LLP), Atlanta, Charles Samuel Conerly, (Smith Conerly, LLP), Carrollton, for appellee; Meagan Myers Hanson, (Georgians For Lawsuit Reform), Atlanta, Atlanta,, Kevin Bradford Sears, (Kilpatrick Townsend & Stockton LLP), Atlanta, for Amicus Appellee; Madeleine Norine Simmons, (Stewart Miller Simmons), Atlanta, Madeline Elizabeth McNeeley, (Harris Lowry Manton LLP), Brookhaven, Caleb Frank Walker, (The McArthur Law Firm), Macon, for Amicus Appellant.
    Case Number: S23G0771

    Court affirms enforceability of one-year contractual limitation for filing tort and contract suits against a contractor, holding that the limitation is not void as against public policy

  • Paxton v. Dettlebach

    Publication Date: 2024-07-15
    Practice Area: Civil Appeals | Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Clement
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-10802

    Appellants, three individuals and the State of Texas, sought to enjoin federal statutes that criminalize making silencers for personal use without paying a $200 excise tax, applying for permission from the federal government, and registering the silencer in a federal database.