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  • Border v. Ernesto

    Publication Date: 2017-11-20
    Practice Area: Contractual Disputes | Legal Malpractice
    Industry:
    Court: Court of Appeals
    Judge: Justice Palafox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 08-16-00094-CV

    Appellant, an environmental and demolition contractor, filed the underlying tort and contract claims against appellee, a licensed Texas attorney, based on alleged duties flowing from a continuing relationship and implied agreement of representation.

  • The State v. Peabody

    Publication Date: 2017-11-20
    Practice Area: Criminal Appeals | Government
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Lara Snow (Cherokee County D.A.'S Office), Canton; Shannon Wallace (District Attorney), Canton, for appellant.
    for defendant: David Willingham (Willingham Law Firm, P.C.), Marietta, for appellee.
    Case Number: A17A1258

    The trial court properly granted former lieutenant's motion to quash an indictment against him for two counts of aggravated cruelty to animals in connection with the hot-car death of his K-9 dog because he was acting within the scope of his official job duties when the alleged crimes occurred and he was therefore entitled to the protections afforded by O.C.G.A. § 17-7-52, including timely notice of the grand jury proceeding and a copy of the proposed indictment, but State failed to comply with those statutory mandates.

  • Holmes v. State of Texas

    Publication Date: 2017-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice McClure
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 08-16-00150-CR

    Appellant was indicted for possession of more than one but less than four grams of methamphetamine with intent to deliver.

  • Aguillen v. State of Texas

    Publication Date: 2017-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Morriss
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 06-17-00004-CR

    Appellant was indicted for two charges of indecency with a minor within his household. Over appellants repeated objections, a number of incidents of physical abuse of other minors in the home were admitted into evidence.

  • American Economy v. State of New York, No. 96

    Publication Date: 2017-10-24
    Practice Area: Employment Compliance | Insurance Law
    Industry: Insurance | State and Local Government
    Court: New York State, Court of Appeals
    Judge: Chief Judge DiFiore and Judges Rivera, Stein, Garcia, Wilson and Feinman concur.
    Attorneys: For plaintiff: Steven C. Wu, for appellants.
    for defendant: Seth P. Waxman, for respondents. American Insurance Association et al.; Electrical Employers Self Insurance Safety Plan, amici curiae.
    Case Number: No. 96

  • People v. Sean Garvin, No. 82

    Publication Date: 2017-10-24
    Practice Area: Criminal Law
    Industry:
    Court: New York State, Court of Appeals
    Judge: Chief Judge DiFiore and Judges Garcia and Feinman concur. Judge Fahey dissents in part in an opinion. Judge Rivera dissents in an opinion in which Judge Wilson concurs, Judge Wilson in a separate dissenting opinion.
    Attorneys: For plaintiff: Tammy E. Linn, for appellant.
    for defendant: Danielle S. Fenn, for respondent. National Association of Criminal Defense Lawyers et al., amici curiae.
    Case Number: No. 82

  • Monumedia II, LLC v. Georgia Department of Transportation

    Publication Date: 2017-10-20
    Practice Area: Administrative Law | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Kevin Meeks, Charles Palmer (Troutman Sanders LLP), Atlanta, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Ronald Freeman (Johnson & Freeman, LLC), Union City; Mary Volkert (Assistant Attorney General), Atlanta, for appellee.
    Case Number: A17A0647

    The trial court erred in affirming administrative rulings holding that a business's light-emitting diode signs inside the windows of its building violated City of Atlanta ordinances and the Georgia Outdoor Advertising Control Act.

  • Federal Housing Finance Agency v. Nomura Holding America, 15-1872-cv

    Publication Date: 2017-10-02
    Practice Area: Civil Appeals | Securities Litigation | Litigators
    Industry:
    Court: U.S. Court of Appeals, Second Circuit
    Judge: Before: Wesley, Livingston, and Droney, C.JJ.
    Attorneys: For plaintiff: For Plaintiff-Appellee: Philippe Z. Selendy, Adam M. Abensohn, William B. Adams, Andrew R. Dunlap, Yelena Konanova, on the brief, Kathleen M. Sullivan, Quinn Emanuel Urquhart & Sullivan LLP, New York, NY.
    for defendant: For Defendants-Appellants Nomura Holding America, Inc., Nomura Asset Acceptance Corporation, Nomura Home Equity Loan, Inc., Nomura Credit & Capital, Inc., Nomura Securities International, Inc., David Findlay, John McCarthy, John P. Graham, Nathan Gorin, and N. Dante LaRocca: Amanda F. Davidoff, Sullivan & Cromwell LLP, Washington, D.C.; Bruce E. Clark, Steven L. Holley, Adam R. Brebner, Owen R. Wolfe, Sullivan & Cromwell LLP, New York, NY, on the brief, David B. Tulchin, Sullivan & Cromwell LLP, New York, NY. For Defendant-Appellant RBS Securities, Inc.: Thomas C. Rice, Andrew T. Frankel, Alan C. Turner, Craig S. Waldman, Simpson Thacher & Bartlett LLP, New York, NY; Paul F. Rugani, Orrick, Herrington & Sutcliffe LLP, Seattle, WA; Daniel A. Rubens, Orrick, Herrington & Sutcliffe LLP, New York, NY; Kelsi Brown Corkran, Orrick, Herrington & Sutcliffe LLP, Washington, D.C., on the brief, E. Joshua Rosenkranz, Orrick, Herrington & Sutcliffe LLP, New York, NY. For Amici Curiae Securities Industry and Financial Markets Association and The Clearing House Association LLC, in support of defendants-appellants: Michael J. Dell, Kramer Levin Naftalis & Frankel LLP, New York, NY.
    Case Number: 15-1872-cv(L)

    Second Circuit Affirms Judgment in Fed Suit Over Housing Crisis-Era Secu

  • Jenkins v. State of Texas, 08-15-00366-CR (TexApp Dist 08/23/2017)

    Publication Date: 2017-09-08
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-08-23
    Court: Court of Appeals of Texas, Eighth District
    Judge: ANN CRAWFORD MCCLURE, CHIEF JUSTICE
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 08-15-00366-CR

    Appellant Brandon Lee Jenkins admitted shooting and killing Tracy Odell Holmes. The two men were arguing after appellant had argued with Holmes' daughter, Kadijas Holmes, who had a romantic rela

  • Doe v. Hagenbeck, 15-1890-cv

    Publication Date: 2017-09-08
    Practice Area: Personal Injury
    Industry:
    Court: U.S. Court of Appeals, Second Circuit
    Judge: Before: Wesley, Livingston, and Chin, C.JJ.
    Attorneys: For plaintiff: For Plaintiff-Appellee for Jane Doe: Rebecca Ojserkis, Jonas Wang, Erin Baldwin, Kathryn Wynbrandt, Bethany Li, Michael J. Wishnie, Veteran Legal Services Clinic, Jerome M. Frank Legal Services Organization, Yale Law School, New Haven, CT.
    for defendant: For Defendants-Appellants for Lt. Gen. Franklin Lee Hagenbeck and Brig. Gen. William E. Rapp: Christopher Connolly, Benjamin H. Torrance, Assistant United States Attorneys, New York, NY, for Joon H. Kim, Acting United States Attorney for the Southern District of New York. Amici Curiae for Amici Curiae Federal Courts and Constitutional Law Professors, in support of Jane Doe: Caitlin J. Halligan, Joel M. Cohen, Casey K. Lee, Kathryn M. Cherry, Gibson, Dunn & Crutcher LLP, New York, NY. For Amici Curiae University Administrators, in support of Jane Doe: Paul W. Hughes, Travis Crum, Mayer Brown LLP, Washington, D.C. For Amici Curiae Former Military Officers, in support of Jane Doe: Penelope A. Preovolos, Ben Patterson, Morrison & Foerster LLP, San Francisco, CA. For Amici Curiae National Veterans Legal Services Program, Protect Our Defenders, Service Women's Action Network, in support of Jane Doe: John D. Niles, James Anglin Flynn, Covington & Burling LLP, Washington, D.C. For Amici Curiae American Civil Liberties Union, American Association of University Women, Human Rights and Gender Justice Clinic at the City University of New York School of Law, Human Rights Watch, National Alliance to End Sexual Violence, National Center on Domestic and Sexual Violence, National Women's Law Center, in support of Jane Doe: Sandra S. Park, Steven Watt, Lenora M. Lapidus, American Civil Liberties Union Foundation, New York, NY.
    Case Number: 15-1890-cv

    Incident-to-Service Rule Precluded Bivens Claim from Conduct at Military A