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  • Sec. and Exch. Comm'n v. Rashid

    Publication Date: 2024-03-21
    Practice Area: Securities Litigation
    Industry: Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge John M. Walker, Jr.
    Attorneys: For plaintiff: For Plaintiff-Appellee: Michael A. Conley, Acting General Counsel, on the brief, William K. Shirey, Counsel to the Solicitor, Securities and Exchange Commission, Washington, DC.
    for defendant: For Defendant-Appellant: Faith E. Gay, Ryan W. Allison, Selendy & Gay PLLC, New York, NY; Theresa Van Vliet, Genovese Joblove & Battista, P.A., Fort Lauderdale, FL, on the brief, Caitlin J. Halligan, Selendy & Gay PLLC, New York, NY.
    Case Number: 20-4080-CV

    Equity Funds' Reimbursement of Their Manager's Expenses Not Reasonably Foreseeable

  • Vincent v. Annucci

    Publication Date: 2023-03-30
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge John M. Walker, Jr.
    Attorneys: For plaintiff: For Shawn Michael Vincent: K. Wade Eaton, The Eaton Law Firm, Pittsford, NY, on the brief, Jon P. Getz, Law Office of Jon Getz, Rochester, NY.
    for defendant: For Anthony J. Annucci: Andrea Oser, Deputy Solicitor General, on the brief, Brian D. Ginsberg, Assistant Solicitor General of Counsel, for Barbara D. Underwood, Solicitor General and Letitia James, Attorney General of the State of New York, Albany, NY. For amici curiae the Plaintiff Class in Betances v. Fischer: Matthew D. Brinckerhoff, Emery Celli Brinckerhoff Abady Ward & Maazel LLP, New York, NY.
    Case Number: 21-22

    No Error in Prior Rulings' Application to Deny Qualified Immunity in Suit Over PSR Terms

  • Haley v. Teachers Ins. & Annuity Ass'n of Am.

    Publication Date: 2022-12-07
    Practice Area: Civil Procedure
    Industry: Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge John M. Walker, Jr.
    Attorneys: For plaintiff: For Plaintiff-Appellee: Ellen T. Noteware, on the brief, Todd S. Collins, Berger Montague PC, Philadelphia, PA; John J. Nestico, Todd M. Schneider, on the brief, Schneider Wallace Cottrell Konecky LLP, Charlotte, NC and Emeryville, CA.
    for defendant: For Defendant-Appellant: James O. Fleckner, Michael K. Isenman, Kelsey Pelagalli, on the brief, Jaime A. Santos, Goodwin Procter LLP, Washington, DC and Boston, MA. For amici curiae AARP and AARP Foundation: Leah M. Nicholls, on the brief, Public Justice, P.C., Washington, DC, for amicus curiae Public Justice Dara S. Smith, William Alvarado Rivera, on the brief, AARP Foundation, Washington, DC. For amici curiae The Securities Industry and Financial Markets Association, American Benefits Council, Society of Professional Asset Managers and Recordkeepers, American Council of Life Insurers, and Chamber of Commerce of the United States of America: Meaghan VerGow, on the brief, O'Melveny & Myers LLP, Washington, DC.
    Case Number: 21-805-cv

    Class Certification in ERISA Suit Vacated; Predominance Inquiry Did Not Analyze Defenses

  • September 30, 2021 | New York Law Journal

    'Friday the 13th' Writer Wins Bid to Author Rights in 2nd Circuit

    The Second Circuit panel upheld a Connecticut federal judge's decision, which found that Miller had acted as an independent contractor—and not as an employee of the director's production and distribution company—when he began drafting the screenplay in 1979.

    4 minute read

  • September 30, 2021 | The Recorder

    'Friday the 13th' Writer Wins Bid to Author Rights in 2nd Circuit

    Marc Toberoff, the founding partner of Toberoff & Associates in Malibu, California, represented screenplay author Victor Miller.

    4 minute read

  • December 28, 2020 | New York Law Journal

    Employment Law: This 2nd Circuit Ruling Nixes 'Supervisor Liability' Test

    The ruling held there was no special test for supervisory liability in light of a 2009 U.S. Supreme Court decision in "Ashcroft v. Iqbal."

    1 minute read

  • Escalera v. Lunn

    Publication Date: 2004-02-02
    Practice Area:
    Industry:
    Court: U.S. Court of Appeals, Second Circuit
    Judge:
    Attorneys: For plaintiff:
    for defendant:
    Case Number:

    U.S. Court of Appeals Second Circuit Judge John M. Walker Jr. Interlocutory appeal from the denial of summary judgment for defendants by the United States District Cou

  • February 28, 2007 | New York Law Journal

    Second Circuit Review

    In this month's column, we report on Lattanzio v. Deloi

    1 minute read

  • January 17, 2008 | New York Law Journal

    Copyright Law

    On Nov. 29, 2007, in a class action captioned In Re: Literary Works Electronic Databases Copyright Litig

    1 minute read

  • United States v. Fell

    Publication Date: 2009-06-29
    Practice Area:
    Industry:
    Date Filed: 2009-06-17
    Court: 2nd Cir.
    Judge: Catherine O'hagan Wolfe
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 06-2882-cr

    REENA RAGGI, Circuit Judge, with whom Chief Judge JACOBS, Judge CABRANES, Judge PARKER, Judge WESLEY, and Judge LIVINGSTON join, concurring.*fn1 CALABRESI, Circuit Ju