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Barrows v. Becerra

Publication Date: 2022-01-31
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge John Walker
Attorneys: For plaintiff: For Plaintiffs-Appellees and Intervenors-Plaintiffs-Appellees: Wey-Wey Kwok, on the brief, Alice Bers, Center for Medicare Advocacy, Willimantic, CT; David J. Berger, Steven Guggenheim, on the brief, Wilson Sonsini Goodrich & Rosati, Palo Alto, CA; Regan Bailey, Carol Wong, on the brief, Justice in Aging, Washington, D.C.
for defendant: For Defendant-Appellant: Michael S. Raab, on the brief, Adam C. Jed, Attorneys, Appellate Staff, for Brian M. Boynton, Acting Assistant Attorney General, Civil Division, United States Department of Justice, Washington, D.C. For Amici Curiae AARP, AARP Foundation, National Disability Rights Network, and Disability Rights Connecticut: M. Geron Gadd, Kelly Bagby, William Alvarado Rivera, on the brief, AARP Foundation, Washington, D.C.; Kasey Considine, on the brief, Disability Rights Connecticut, Hartford, CT. For Amici Curiae The American Medical Association and Connecticut State Medical Society: Erin G. Sutton, on the brief, American Medical Association, Chicago, IL. For Amicus Curiae The American Health Care Association: James F. Segroves, on the brief, Reed Smith LLP, Washington, D.C.
Case Number: 20-1642-cv

Medicare Beneficiaries' Rights Violated by Reclassification Absent Mechanism to Appeal

U.S. v. Jabar

Publication Date: 2021-11-30
Practice Area: Criminal Law
Industry: Non-Profit
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge John Walker
Attorneys: For plaintiff: For Appellant-Cross-Appellee: Tiffany H. Lee, Assistant United States Attorney, for James P. Kennedy, Jr., United States Attorney for the Western District of New York.
for defendant: For Defendant-Appellee-Cross-Appellant Steve S. Jabar: Jamesa J. Drake, Drake Law, LLC. For Defendant-Appellee-Cross-Appellant Deborah Bowers: Jesse C. Pyle, on the brief, Mark J. Mahoney, Harrington & Mahoney.
Case Number: 17-3514-cr

Case Remanded So Court Can Consider FRCP 29(b) New Trial Motion in First Instance

Horror Inc. v. Miller

Publication Date: 2021-10-15
Practice Area: Copyrights
Industry: Entertainment and Leisure
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Susan Carney
Attorneys: For plaintiff: For Plaintiffs-Counter-Defendants-Appellants: Todd Anten, on the brief, Kathleen Sullivan, Bonnie E. Eskenazi, Julia R. Haye, Greenberg Glusker Fields Claman & Machtinger LLP, Los Angeles, CA, on the brief, Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, CA.
for defendant: For Defendant-Counter-Claimant-Appellee: Marc Toberoff, Toberoff & Associates, P.C., Malibu, CA.
Case Number: 18-3123-CV

'Friday the 13th' Screenwriter Deemed Independent Contractor Entitled to Authorship Rights

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

U.S. v. Perez

Publication Date: 2021-08-04
Practice Area: Civil Rights | Constitutional Law | Criminal Law | Immigration Law
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge John Walker
Attorneys: For plaintiff: For Appellee: Kevin Trowel, on the brief, Tanya Hajjar, Assistant United States Attorneys, for Mark J. Lesko, Acting United States Attorney for the Eastern District of New York.
for defendant: For Defendant-Appellant Javier Perez: Yuanchung Lee, Federal Defenders of New York, Inc., Appeals Bureau.
Case Number: 19-620-cr

18 USC §922(g)(5), as Applied to Undocumented Alien, Withstands 'Intermediate Scrutiny'

Henry v. County of Nassau

Publication Date: 2021-07-30
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Steven Menashi
Attorneys: For plaintiff: For Plaintiff-Appellant: Steven M. Lester, on the brief, Robert J. La Redolla, La Redolla Lester & Associates, LLP, Garden City, New York.
for defendant: For Defendant-Appellees: Jared A. Kasschau, on the brief, Robert F. Van Der Waag, Nassau County Attorneys, Mineola, New York.
Case Number: 20-1027-cv

Second Amendment Gun Rights Claim Reinstated; County Lacked Evidence of Danger to Safety

March 12, 2021 | New York Law Journal

Peter W. Hall, Who Recently Took Senior Status on Second Circuit, Dies at 72, Court Says

Hall, often the swing vote on contentious issues, was Connecticut-born but one ex-law clerk remembered him as "Mr. Vermont," a judge in love with the outdoors.

4 minute read

A.H v. French

Publication Date: 2021-01-22
Practice Area: Civil Rights | Constitutional Law | Education Law
Industry: Education | State and Local Government
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge John Walker
Attorneys: For plaintiff: For Plaintiffs-Appellants: Ryan J. Tucker, Alliance Defending Freedom, Scottsdale, AZ; David A. Cortman, Alliance Defending Freedom, Lawrenceville, GA; Kristen K. Waggoner, John J. Bursch, Alliance Defending Freedom, Washington, DC; Thomas E. McCormick, McCormick, Fitzpatrick, Kasper & Burchard, P.C., Burlington, VT, on the Brief, Jacob P. Warner, Alliance Defending Freedom, Scottsdale, AZ.
for defendant: For Defendant-Appellee: Benjamin D. Battles, Solicitor General; Rachel E. Smith, Assistant Attorney General, on the brief, John T. Alexander, Assistant Attorney General, Office of the Attorney General, Montpelier, VT.
Case Number: 20-1772

Religious Bias Shown in Denial of Application to Take Part in Dual Enrollment Program

January 15, 2021 | National Law Journal

Yale Law's Abbe Gluck, Former RBG Clerk, Named Special Counsel on Biden COVID-19 Team

The former law clerk to the late Justice Ruth Bader Ginsburg has spoken and written extensively on the signature Obama-era Affordable Care Act.

1 minute read