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  • Cosey v. Lilley

    Publication Date: 2023-03-16
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff: For Petitioner-Appellant Archie Cosey: Rebecca E. Freedman, on the brief, Glenn A. Garber, The Exoneration Initiative, New York, NY.
    for defendant: For Respondent-Appellee Lynn Lilley: Karen Schlossberg, Assistant District Attorney, on the brief, Stephen Kress, Assistant District Attorney, for Cyrus R. Vance, Jr., District Attorney of New York County, New York, NY. For Amici Curiae The Innocence Project and Centurion Ministries, Inc., in support of Petitioner-Appellant Archie Cosey: Parvin Daphne Moyne, Elise B. Maizel, Andrew A. McWhorter, Akin Gump Strauss Hauer & Feld LLP, New York, NY; Zara H. Shore, Akin Gump Strauss Hauer & Feld LLP, Washington, DC.
    Case Number: 20-1916-pr

    'Schlup' Innocence Claim Fails; §2254 Habeas Petition Time-Barred Under AEDPA

  • March 15, 2023 | Daily Report Online

    'Her Motion Should Be Denied': JQC Opposes Judge's Quest to Dismiss Ethics Charges

    "Because the JQC has jurisdiction over alleged acts of pre-judicial misconduct, has not failed to state a claim or cause of action, and respondent has failed to demonstrate the nonexistence of genuine issues of material fact, her motion should be denied," wrote Courtney Veal, Judicial Qualifications Commission of Georgia deputy director.

    5 minute read

  • March 14, 2023 | New York Law Journal

    Rule 10b-5 Liability, Part 1: The Supreme Court and 'Janus'

    The author's goal of his three-part series is to ultimately discuss the Second Circuit's recent Securities law landmark case, S.E.C. v. Rio Tinto. However, in order to discuss Rio Tinto, he believes it is important to first understand the Supreme Court landmark cases upon which Rio Tinto is based: Janus Capital Group, Inc. v. First Derivative Trader and S.E.C v. Lorenzo. Janus is discussed here in the first installment.

    9 minute read

  • U.S. v. Kukushkin

    Publication Date: 2023-03-14
    Practice Area: Criminal Law | Election and Political Law
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Rosemary S. Pooler
    Attorneys: For plaintiff: For Appellant: Ivana Djak, Alexandra Day Coyle, on the brief, Celeste L.M. Koeleveld, Clifford Chance US LLP, New York, NY.
    for defendant: For Appellee: Nicholas Roos, Hagan Scotten, Danielle R. Sassoon, Assistant United States Attorneys, on the brief, Aline R. Flodr, Assistant United States Attorney, for Damian Williams, United States Attorney for the Southern District of New York, New York, NY.
    Case Number: 22-666-cr

    No Error in Standard Jury Instruction on Willfulness as to Crimes Under FECA

  • March 13, 2023 | Law.com

    Federal Judge Tosses Ex-Georgia Tech Coach MaChelle Joseph's Discrimination Suit

    "The concept that the opening an investigation into conduct is itself retaliation seems belied by the wealth of case law holding that the placement of an employee on administrative leave pending an internal investigation is not an adverse employment action," Judge Victoria Marie Calvert wrote. "If placing an employee on leave pending investigation is not necessarily an adverse employment action, then by extension, the simple act of investigating the employee cannot be either."

    7 minute read

  • In the Interest of JOL

    Publication Date: 2023-03-13
    Practice Area: Civil Appeals | Family Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Alvarez
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 04-21-00495-CV

    In 2016, parents entered into a mediated settlement agreement to be appointed joint managing conservators of their two children and for father to be granted the right to designate the children's primary residence.

  • CCT Enterprises v. Texas 1031 Exchange

    Publication Date: 2023-03-13
    Practice Area: Civil Appeals | Contractual Disputes | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Justice Rios
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 04-21-00238-CV

    A real estate company, that filed suit against a contracting partner for breach of contract, failed to prove on appeal that the trial court erred in dismissing the case.

  • Paymentech v. Landrys

    Publication Date: 2023-03-13
    Practice Area: Banking and Finance Laws | Civil Appeals | Contracts
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Duncan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-20447

    A business, that had its credit card systems hacked and was sued by the credit card companies, failed to prove on appeal that the trial court erred in finding there were no genuine issues of material facts to justify summary judgment.

  • In Re City of Lubbock

    Publication Date: 2023-03-06
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Criminal Appeals
    Judge: Judge Newell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: WR-93,137-01

    A city, who sought mandamus relief over a trial court's order to produce documents, successfully proved on appeal that it was entitled to relief.

  • Pruski v. Texas Windstorm Insurance

    Publication Date: 2023-03-06
    Practice Area: Civil Appeals | Damages
    Industry:
    Court: Court of Appeals
    Judge: Justice Silva
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 13-21-00167-CV

    Pro se appellant, Stephen Pruski, filed claims with appellee Texas Windstorm Insurance Company for damage to his property resulting from Hurricane Harvey.