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Publication Date: 2019-12-31
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Gerard Lynch
Attorneys: For plaintiff: For Appellee: Kevin Trowel, Assistant United States Attorney, on the brief, Andrew D. Grubin, Assistant United States Attorney, for Richard P. Donoghue, United States Attorney for the Eastern District of New York, New York, NY.
for defendant: For Defendant-Appellant: Edward S. Zas, Federal Defenders of New York, Inc., Appeals Bureau, New York, NY.
Case Number: 18-2141-cr
Article III Standing Lacking for First Amendment Overbreadth Challenge to AECA, ITAR
Publication Date: 2019-05-31
Practice Area: Civil Rights
Industry: Health Care | State and Local Government
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Gerard Lynch
Attorneys: For plaintiff: For Plaintiffs-Appellants Michelet Charles and Carol Small: Thomas C. Rice, Simpson Thacher & Bartlett LLP, on the brief, Daniel J. Stujenske, Simpson Thacher & Bartlett LLP, New York, NY, Laura F. Redman, Antony P. F. Gemmell, New York Lawyers for the Public Interest, New York, NY.
for defendant: For Defendants-Appellees Orange County, State of New York, Orange County Sheriff's Department, Orange County Department of Mental Health and Carmen Elizondo, Former Clinic Director, Orange County Correctional Facility, in her individual capacity: Anthony Cardoso, Orange County Attorney's Office, Goshen, NY.
For Amici Curiae American Psychiatric Association, American Academy of Psychiatry and the Law, American Psychological Association, American Medical Association, National Association of Social Workers, American Public Health Association, and Judge David L. Bazelon Center for Mental Health Law, in support of Plaintiffs-Appellants: Ira A. Burnim, Judge David C. Bazelon Center for Mental Health Law, Washington, DC, on the brief, Aaron M. Panner, Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Washington, DC.
For Amici Curiae The Bronx Defenders, Brooklyn Defender Services, Community Initiatives for Visiting Immigrants in Confinement, Detention Watch Network, The Florida Justice Institute, Inc., Human Rights First, Immigrant Defense Project, The Immigrant Rights Clinic of Washington Square Legal Services, Inc., at NYU Law School, the Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law, The Legal Aid Society of New York, The Prison Law Office, Prisoners' Legal Services of New York, and the Urban Justice Center Mental Health Project, in support of Plaintiffs-Appellants: Jamie A. Levitt, Morrison & Foerster LLP, New York, NY.
For Amicus Curiae New York State Sheriffs' Association, in support of Defendants-Appellees: Alexander M. Wilson, New York State Sheriffs' Association, Albany, NY.
Case Number: 17-3506-pr
Civil Detainees Alleged Discharge Planning an Essential Part of Their In-Custody Care
August 24, 2018 | New York Law Journal
The panel said the FCPA's clear distinctions over who can be held liable prevented federal authorities from extending liability through the use of a conspiracy charge.
1 minute read
Publication Date: 2018-08-24
Practice Area: Civil Procedure
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Gerard Lynch
Attorneys: For plaintiff: For Plaintiff-Counter-Defendant-Appellant: Robert D. Owen, Eversheds Sutherland (US) LLP, New York, NY, and Anna Carr Halsey, Peter C. Quittmeyer, Eversheds Sutherland (US) LLP, Atlanta, GA, on the brief, James H. Neale, Wislett Studnicky McCormick & Bomser LLP, New York, NY
for defendant: For Defendants-Counter-Claimants-Appellees: Stanley J. Panikowski, DLA Piper LLP (US), San Diego, CA, and Leo Medzhibovsky, Marc E. Miller, DLA Piper LLP (US), New York, NY, on the brief, Ilana Hope Eisenstein, DLA Piper LLP (US), Philadelphia, PA
Case Number: 17-2204-cv
Court Erred in Deciding Firm Could Not Reject Fee Condition as 'Too Onerous'
Publication Date: 2018-05-23
Practice Area: Constitutional Law | Criminal Law
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Gerard Lynch
Attorneys: For plaintiff: For Appellee: Ryan C. Harris, Assistant United States Attorney, on the brief, Amy Busa, Assistant United States Attorney, for Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, Brooklyn, New York.
for defendant: For Defendant-Appellant: Allegra Glashausser, Federal Defenders of New York, Inc., Appeals Bureau, New York, New York.
Case Number: 16-3708
Warrantless Search Formed Part of Curtilage; Search Ran Afoul of the Fourth Amendment
Publication Date: 2018-03-22
Practice Area: Criminal Law | Immigration Law
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Gerard Lynch
Attorneys: For plaintiff: Jefferson B. Sessions III, United States Attorney General, Respondent
for defendant: For Respondent: Claire L. Workman, Senior Litigation Counsel, on the brief, Rachel L. Browning, Trial Attorney, Office of Immigration Litigation, for Chad A. Readler, Acting Assistant Attorney General, Civil Division, United States Department of Justice, Washington, D.C.; For Amicus Curiae Immigrant Defense Project: Andrew Wachtenheim, Immigrant Defense Project, New York, NY.
Case Number: 16-3922-ag
BIA Erred in Retroactively Applying New Rule to Petit Larceny Case
July 19, 2017 | New York Law Journal
Two former U.K.-based traders convicted for their involvement in the London Interbank Offered Rate exchange scandal saw the Second Circuit toss their entire case Wednesday, including indictments.
1 minute read
June 30, 2017 | New York Law Journal
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the circuit's recent decision in 'United States v. Bodouva', which addressed whether restitution offsets could be used to lower, or even eliminate, criminal forfeiture orders.
1 minute read
April 4, 2017 | New York Law Journal
A False Claims Act action by an attorney who claimed to have personal knowledge that some 60 companies defrauded Medicare was rightly dismissed, a federal appeals court held M
1 minute read
November 1, 2016 | New York Law Journal
Few regions saw the rapid-fire filling of federal court vacancies that New York experienced during the Obama years. All told, President Barack Obama seated 32 judges on the state'
1 minute read
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