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  • September 21, 2022 | The Recorder

    On Appeals: When the Court Phones a Friend: Certification of Questions of State Law

    Given the increased interest in certification, litigators of all stripes should understand the rules governing it.

    7 minute read

  • Hyland v. Navient Corp.

    Publication Date: 2022-09-13
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Raymond J. Lohier, Jr.
    Attorneys: For plaintiff: For Plaintiffs-Appellees Kathryn Hyland, Melissa Garcia, Jessica Saint-Paul, Rebecca Spitler-Lawson, Michelle Means, Elizabeth Kaplan, Jennifer Guth, Megan Nocerino, Elizabeth Taylor, and Anthony Church, each individually and on behalf of all others similarly situated: Faith E. Gay, Yelena Konanova, David A. Coon, Max Siegel, on the brief, Caitlin J. Halligan, Selendy & Gay PLLC, New York, NY; Mark Richard, Phillips, Richard & Rind, P.A., Miami, FL.
    for defendant: For Defendants-Appellees Navient Corporation, Navient Solutions, LLC: Ashley M. Simonsen, Covington & Burling LLP, Los Angeles, CA; Andrew A. Ruffino, Covington & Burling LLP, New York, NY. For Objector-Appellant William Yeatman: Anna St. John, Hamilton Lincoln Law Institute, Center for Class Action Fairness, Washington, DC. For Objector-Appellant Richard Estle Carson, III: Eric Alan Isaacson, Law Office of Eric Alan Isaacson, La Jolla, CA.
    Case Number: 20-3765-cv

    Fair Settlement's Cy Pres Award Aids Class Member Navigation of Loan Forgiveness Program

  • King v. Baylor University

    Publication Date: 2022-09-12
    Practice Area: Civil Appeals | Contracts | Education Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Jones
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-50352

    Appellant, Allison King, enrolled online for the Spring 2020 semester at Baylor University for undergraduate "educational services," including meals and on-campus activities.

  • Belya v. Kapral

    Publication Date: 2022-08-23
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Denny Chin
    Attorneys: For plaintiff: For Plaintiff-Appellee: Richard B. Katskee, on the brief, Bradley Girard, Americans United for Separation of Church and State, Washington, DC, and Oleg Rivkin, Rivkin Law Group PLLC, New York, NY.
    for defendant: For Defendants-Appellants: Daniel H. Blomberg, Lori H. Windham, Daniel D. Benson, on the brief, Diana Verm Thomson, The Becket Fund for Religious Liberty, Washington, DC, and Donald J. Feerick, Jr., Feerick Nugent MacCartney, PLLC, South Nyack, NY. For Amici Curiae Professor Michael W. McConnell and Professor Douglas Laycock: Thomas G. Hungar, Andrew G.I. Kilberg, John Matthew Butler, Jason Manion, Macey L. Olave, Gibson, Dunn & Crutcher LLP, Washington, DC, and San Francisco, CA. For Amici Curiae The Roman Catholic Archdiocese of New York, Assemblies of God (USA), Jurisdiction of the Armed Forces and Chaplaincy of the Anglican Church in North America, General Conference of Seventh-Day Adventists, The Lutheran Church-Missouri Synod, and The International Society for Krishna Consciousness, in support of Defendants-Appellants: Gordon D. Todd, Daniel J. Hay, John L. Gibbons, Sidley Austin LLP, Washington, DC. For Amicus Curiae Jewish Coalition for Religious Liberty, in support of Defendants-Appellants: Ryan Paulsen, Ryan N. Gardner, Haynes and Boone, LLP, Dallas, TX. For Amici Curiae Constitutional Law Scholars, in support of Defendants-Appellants: Matthew T. Nelson, Warner Norcross + Judd LLP, Grand Rapids, MI. James A. Campbell, Solicitor General of Nebraska; Douglas J. Peterson, Attorney General of Nebraska; David T. Bydalek, Chief Deputy Attorney General of Nebraska; Steve Marshall, Attorney General of Alabama; Mark Brnovich, Attorney General of Arizona; Leslie Rutledge, Attorney General of Arkansas; Chris Carr, Attorney General of Georgia; Derek Schmidt, Attorney General of Kansas; Daniel Cameron, Attorney General of Kentucky; Jeff Landry, Attorney General of Louisiana; Lynn Fitch, Attorney General of Mississippi; Eric S. Schmitt, Attorney General of Missouri; Austin Knudsen, Attorney General of Montana; John M. O'Connor, Attorney General of Oklahoma; Alan Wilson, Attorney General of South Carolina; and Sean D. Reyes, Attorney General of Utah, for Amici Curiae States of Nebraska, Alabama, Arizona, Arkansas, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Oklahoma, South Carolina, and Utah, in support of Defendants-Appellants.
    Case Number: 21-1498

    Church Autonomy, Collateral Order Doctrines Discussed in Defamation Appeal's Dismissal

  • Williams v. MTA Bus Co.

    Publication Date: 2022-08-19
    Practice Area: Civil Rights | Employment Compliance | Employment Litigation
    Industry: State and Local Government | Transportation
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Susan Carney
    Attorneys: For plaintiff: For Plaintiff-Appellant Ike Williams: David John Hommel, on the reply brief, Andrew Rozynski, Eisenberg & Baum, LLP, New York, NY.
    for defendant: For Defendant-Appellee MTA Bus Company: Gabriella Palencia, Executive Agency Counsel, for David Farber, General Counsel, MTA Bus Company, New York, NY.
    Case Number: 20-2985

    Applicant's Qualifications for Job Sought Not Shown; No Bias in Denial of ASL Interpreter

  • Rosenberg v. McCarthy, Burgess & Wolff Inc.

    Publication Date: 2022-08-15
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: U.S. District Court for the Eastern District of New York, U.S. - EDNY
    Judge: District Judge Margo Brodie
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-CV-2199

    FDCPA Suit Dismissed; Claim Not Stated, Injury Conferring Standing Insufficiently Alleged

  • Tyson v. County of Sabine

    Publication Date: 2022-08-08
    Practice Area: Civil Appeals | Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Clement
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-40590

    Wade Tyson called the sheriff's department to conduct a welfare check on appellant, his wife, reporting that he was out of town and appellant was home alone and distressed.

  • Eastchester Tobacco & Vape Inc. v. Town of Eastchester

    Publication Date: 2022-08-05
    Practice Area: Administrative Law | Civil Rights
    Industry:
    Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
    Judge: District Judge Vincent Briccetti
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21 CV 6996

    Town's Local Law Regulating E-Cigarettes' Sale Not Federally Preempted by FSPTCA

  • Appellate Division, First Department: August 4, 2022

    Publication Date: 2022-08-04
    Practice Area: Civil Appeals | Criminal Appeals
    Industry:
    Court: Appellate Division, First Department, Appeals & Motions
    Judge: Unsigned
    Attorneys: For plaintiff:
    for defendant:
    Case Number: DOCKET

    Appeals & Motions List released on:August 2, 2022

  • USA v. Alvarez

    Publication Date: 2022-08-01
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Duncan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-40091

    Appellant, Andres Alvarez, was stopped and frisked by Corpus Christi police, who were looking for a "Hispanic male who had once run away from police on a bicycle with large handlebars" in the area.