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February 9, 2023 | New York Law Journal

Manhattan Supreme Court Sees First 'Dual Jury' Trial in Decades

Across the East River, multiple jury trials in Brooklyn Supreme Court are "common," said Judge Matthew D'Emic, administrative judge for criminal and Supreme Court matters in Brooklyn. He added a multiple-jury case had happened in Brooklyn as recently as a few weeks ago.

7 minute read

February 8, 2023 | Daily Report Online

'We Take Unpopular Cases': When Judges Are in Trouble, Here's Who They Call

"When I left the JQC, I had a judge that called me not long after that, that needed some representation," said attorney S. Lester Tate III, formerly of the Judicial Qualifications Commission of Georgia. "I really went from chairing one meeting to going back to almost the very next meeting and sitting at the other end of the table representing a judge."

7 minute read

U.S. v. Pena

Publication Date: 2023-02-07
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Robert D. Sack
Attorneys: For plaintiff: For Appellee: Karl Metzner, on the brief, Samuel P. Rothschild, Assistant United States Attorneys, for Audrey Strauss, United States Attorney for the Southern District of New York, New York, NY.
for defendant: For Defendant-Appellant: Yuanchung Lee, Federal Defenders of New York, Inc., New York, NY.
Case Number: 20-4192

Court Did Not Abuse Discretion in Declining Resentence After §924(j) Convictions Vacated

February 6, 2023 | New York Law Journal

ERAP and Its Impact on Landlord-Tenant Litigation

Since its inception, ERAP has put a tremendous strain on landlords seeking to have their cases heard on the merits due to the tremendous backlog of cases that are either awaiting determinations from OTDA, or having a motion heard by the court to vacate a stay in effect.

19 minute read

Devon Energy v. EnplatII

Publication Date: 2023-02-06
Practice Area: Civil Appeals | Contractual Disputes | Energy and Natural Resources
Industry:
Court: Court of Appeals
Judge: Justice Soto
Attorneys: For plaintiff:
for defendant:
Case Number: 08-21-00217-CV

In October 1940, Rosa and J.M. Harris conveyed their interests in several parcels of land in Reeves County, Texas to John Lopoo.

Marion v. Bryn Mawr Trust Co.

Publication Date: 2023-02-06
Practice Area: Business Torts
Industry: Financial Services and Banking
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 72 MAP 2021

Court expressly adopted aiding and abetting fraud as a cause of action, which required proving that a defendant had actual knowledge of an underlying fraud and actively provided assistance or encouragement. Order of the superior court affirmed in part and reversed in part.

February 2, 2023 | New York Law Journal

Ex-Akin Gump Partner Who Fought New York's Broadband Act Named GC of Republican-Controlled House

Speaker Kevin McCarthy's choice brings experience as SCOTUS clerk, and DOJ lawyer.

6 minute read

February 2, 2023 | National Law Journal

Meet the Ex-Akin Gump Partner Who McCarthy Named the House's Top Lawyer

House Speaker Kevin McCarthy's choice brings experience as SCOTUS clerk and DOJ lawyer.

6 minute read

ACLU Immigrants' Rights Project v. ICE

Publication Date: 2023-02-02
Practice Area: Information Governance and Compliance | Public Records
Industry: Federal Government
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Reena Raggi
Attorneys: For plaintiff: For Plaintiff-Appellant: Michael Tan; Cody Wofsy, American Civil Liberties Union Immigrants' Rights Project, San Francisco, CA; Carmen G. Iguina Gonzalez, American Civil Liberties Union Immigrants' Rights Project, Washington, DC, on the brief, Noor Zafar, American Civil Liberties Union Immigrants' Rights Project, New York, NY.
for defendant: For Defendant-Appellee: Benjamin H. Torrance, Assistant United States Attorney, on the brief, Zachary Bannon, Assistant United States Attorney, for Damian Williams, United States Attorney for the Southern District of New York, New York, NY. For Amici Curiae The American Immigration Council, Citizens for Responsibility and Ethics in Washington, Emily Ryo, Ingrid Eagly, Tom Wong, American Oversight, Open the Government, National Immigrant Justice Center, National Immigration Project of the National Lawyers Guild, and Refugee and Immigrant Center for Education and Legal Services, in support of Plaintiff-Appellant: Emily J. Creighton, American Immigration Council, Washington, DC. For Amicus Curiae Electronic Frontier Foundation, in support of Plaintiff-Appellant: David Greene, Electronic Frontier Foundation, San Francisco, CA. For Amici Curiae The Center for Investigative Reporting, The Media Law Resource Center, Inc., and The MuckRock Foundation, in support of Plaintiff-Appellant: Mason A. Kortz, Harvard Law School, Cambridge, MA.
Case Number: 21-1233

Circuit Approves Use of Neutral Unique IDs in ICE Spreadsheet Data on Deportation Process

Seneca Nation v. Hochul

Publication Date: 2023-02-01
Practice Area: Native American Law | Real Estate
Industry: Real Estate
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge John M. Walker, Jr.
Attorneys: For plaintiff: For Plaintiff-Appellee: Donald R. Pongrace, Merrill C. Godfrey, Jenny Patten Magallanes, Aileen M. McGrath, on the brief, James E. Tysse, Akin Gump Strauss Hauer & Feld LLP, Washington, D.C. and San Francisco, CA.
for defendant: For Defendants-Appellants: Barbara D. Underwood, Jeffrey W. Lang, on the brief, Beezly J. Kiernan, for Letitia James, Attorney General of the State of New York, Albany, NY. For amicus curiae United South and Eastern Tribes Sovereignty Protection Fund in support of Plaintiff-Appellee: Michael L. Roy, on the brief, Hobbs, Straus, Dean & Walker LLP, Washington, D.C.
Case Number: 20-4247-cv

Seneca Nation's Suit Over Thruway's Use of Easement Over Reservation Survives Dismissal