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Category Archives: Second Circuit Court of Appeals
CareFirst, a large health care company involved in a data breach case, has asked the U.S. Supreme Court to weigh in on whether victims can establish Article III standing to sue for the risk of future identity theft. The issue has split the federal appellate courts, with the U.S. Court of Appeals for the District of Columbia recently holding in CareFirst v.
A federal appeals court has upheld a $41.5 million verdict against a private Connecticut boarding school that was sued by a former student who became ill and suffered brain damage on a school trip to China. A three-judge panel of the 2nd U.S. Circuit Court of Appeals rejected an appeal by the Hotchkiss School on Tuesday.
Former Judge Alex Kozinski won't be investigated because of his retirement late last year from the San Francisco-based 9th U.S. Circuit Court of Appeals, according to an order by the judicial body that was asked to evaluate sexual misconduct allegations against him. The Judicial Council of the 2nd Circuit said it has no authority to investigate Kozinski under the Judicial Conduct and Disability Act because it applies to sitting judges.
Dr. Adena Berkowitz is Scholar in Residence and Co-Founder of Kol HaNeshamah, an Orthodox outreach congregation located on the Upper West Side of New York President Trump's decision to commute the prison sentence of Sholom Mordechai Rubashkin, the kosher slaughterhouse executive who served eight years in prison on bank fraud and money laundering charges, resulted in a vigorous communal discussion, especially within the Orthodox community. There was a great deal of relief among those who felt his original sentence was overly harsh.
A recent decision by California's Second District Court of Appeals highlights an opportunity for California employers to dispose of claims under the Private Attorneys General Act , Labor Code section 2698, et seq . PAGA allows an "aggrieved employee" to bring suit on behalf of the State of California, as well as present and former co-workers, to recover civil penalties for wage and hour and other statutory violations.
Seyfarth Synopsis: The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit. In a decision that surprised no one who has followed the litigation of wage hour claims by interns, the US Department of Labor has abandoned its ill-fated six-part test for intern status in for-profit companies and replaced it with a more nuanced set of factors first articulated by the Second Circuit in 2015.
Given the lawsuit the NASL filed against U.S. Soccer and now in the U.S. Court of Appeals for the 2nd Circuit, tensions between the two organizations are high. That's evident in the written exchange between NASL interim commissioner Rishi Sehgal and U.S. Soccer CEO Dan Flynn regarding the league's election concerns.
As the music industry heads into the holiday season, the U.S. Second Circuit Court of Appeals just gave songwriters and music publishers a gift with its decision that the consent decree allows fractionalized licensing. Fractionalized licensing means that in cases of songs written by multiple songwriters music users need to get a license from all of the songwriters, or their representatives.
A federal appeals court on Friday revived a proposed class-action lawsuit accusing Capital One Financial Corp of imposing illegal overdraft fees on customers. People walk past a Capital One banking center in New York's financial district January 17, 2013.
An appellate court has largely sided with Take-Two Interactive Software in a battle over whether the company violated an Illinois privacy law by collecting faceprints of video game players. The 2nd Circuit Court of Appeals this week upheld a trial judge's decision to dismiss a class-action complaint filed by siblings Vanessa and Ricardo Vigil over the game NBA2K15.
In addition to his community accolades, Mr. Lebowitz has been peer rated by Martindale-Hubbell, and received the 2013 Paul J. Curran Award from the Prisoners' Legal Services of New York. -- Jack Richard Lebowitz has been included in Marquis Who's Who.
A federal appeals court says Dallas Cowboys running back Ezekiel Elliott can play in Sunday's home game against Kansas City. The 2nd U.S. Circuit Court of Appeals in New York on Friday temporarily blocked a lower-court ruling that required Elliott to begin serving a six-game suspension.
On October 20, in Matter of M.P.M. Silicones, L.L.C. , the United States Court of Appeals for the Second Circuit held that secured noteholders were not entitled to an approximately $200 million make-whole premium when their notes were exchanged for new notes as part of a Chapter 11 plan. __ F.3d __, 2017 WL 4772248 .
Lawyers for the NFL Players Association filed a preliminary injunction pending an appeal with the Second Circuit on Tuesday in the Ezekiel Elliott case on Tuesday in an effort to get the Dallas Cowboys running back on the field as soon as possible. The motion comes a day after U.S. District Court Judge Katherine P. Failla denied the NFLPA's request for a preliminary injunction in its case against the NFL, reinstating Elliott's six-game suspension.
A federal appeals court handed the U.S. government a victory Tuesday in its fight against lawsuits opposing a decision to end a program protecting some young immigrants from deportation. The 2nd U.S. Circuit Court of Appeals in Manhattan directed Brooklyn judges to expeditiously decide if a court can properly review the decision to end in March the Deferred Action for Childhood Arrivals program, or DACA.
"In 2013, Microsoft refused to turn information from a customer's email account over to law enforcement pursuant to a warrant in a narcotics investigation. The information, Microsoft noted, was stored on a server in Ireland.
In an unpublished opinion, the Ninth Circuit affirmed a lower court's ruling that had sent a putative class action against Amazon over its pricing practices to arbitration, as per Amazon's terms of service. ). In finding that Amazon's "Conditions of Use" were not unconscionable and presented in a reasonable manner, this holding differs from a Second Circuit decision from last year that declined to compel arbitration because reasonable minds could disagree regarding the sufficiency of notice provided to Amazon.com customers when placing an order through the website.
A federal appeals court on Tuesday revived a defamation lawsuit brought by three University of Virginia graduates against Rolling Stone magazine over a now-retracted article describing an alleged gang rape at their fraternity. Jann Wenner, co-founder and publisher of Rolling Stone magazine, speaks during the 29th annual Rock and Roll Hall of Fame Induction Ceremony at the Barclays Center in Brooklyn, N.Y. The 2nd U.S. Circuit Court of Appeals announced its decision two days after Rolling Stone publisher Jann Wenner put his majority stake in the New York-based magazine up for sale.
In unfortunate timing for Jann Wenner, who just put Rolling Stone up for sale, the 2nd Circuit Court of Appeals has revived a defamation lawsuit over the magazineA s infamous story about the gang rape of a freshman identified as "Jackie" at a University of Virginia campus fraternity. For that since-retracted article from author Sabrina Erdely, Rolling Stone has faced several lawsuits including one by University of Virginia associate dean Nicole Eramo, which went to trial and was later settled for $1.65 million.
A disbarred U.S. lawyer convicted of impersonating Dead Sea Scrolls scholars in emails on Thursday lost his bid to escape his two-month prison sentence. The 2nd U.S. Circuit Court of Appeals in New York left in place Raphael Golb's convictions in New York state court on 10 criminal counts, but rejected another seven.