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Category Archives: Second Circuit Court of Appeals
A former U.S. Military Academy at West Point cadet who sought judicial relief from what she described as a sexually oppressive culture that included crude chants during campus marches was told Wednesday by an appeals court to seek help from Congress instead. The 2nd U.S. Circuit Court of Appeals in a 2-1 ruling cited past court decisions, some decades old, in saying "civilian courts are ill-equipped" to second-guess military decisions regarding the discipline, supervision and control of military members.
The U.S. District Court for the Eastern District of New York appointed its first South Asian-American magistrate judge - Hon. Sanket Bulsara - Chief Judge Dora Irizarry announced this week.
The Manhattan U.S. Attorney's office wants to retry former Assembly Speaker Sheldon Silver sometime in the spring of 2018, according to court papers filed Friday by Acting U.S. Attorney Joon Kim. In July, the 2nd U.S. Circuit Court of Appeals vacated Silver's 2015 conviction on charges that he had engaged in two quid pro quo arrangements that reaped $4 million in payments in exchange for government favors.
Southern California Gas Co. responded Saturday to a state court's ruling that effectively blocked it from resuming natural gas operations at Aliso Canyon, arguing that its methane wells are safe and vital to the region, a conclusion supported by regulators, who said they can re-start.
Former New York State Assembly Speaker Sheldon Silver arrives at the Manhattan U.S. District Courthouse in New York, on Nov. 23, 2015. Photo by Brendan McDermid for Reuters.
On June 1, 2017, the Second Circuit Court of Appeals affirmed the decision of the National Labor Relations Board that Whole Foods' workplace recording policy violates the employees' right to self-organize. Whole Foods' workplace recording policy provides that employees are not permitted to audio or video record conversations, phone calls, images or company meetings without prior approval from management, and without consent of all parties to the conversation.
Last week the U.S. Court of Appeals for the Second Circuit ruled in Reyes v. Lincoln Automotive Financial Services that a consumer does not have the right to revoke consent to autodialed and/or prerecorded calls to his a mobile device where consent was part of a bargained-for agreement between the consumer and the caller.
A New York federal appeals court has reinstated the full 40-year prison sentence of a convicted mobster credited with providing the FBI information about hidden explosives in the 1995 Oklahoma City bombing plot. The Second Circuit Court of Appeals ruled that U.S. District Judge Edward Korman overstepped his authority when he reduced Gregory Scarpa Jr.'s sentence for racketeering by 10 years.
New York, NY, June 29, 2017 -- -- The Knowledge Group/The Knowledge Congress Live Webcast Series, the leading producer of regulatory focused webcasts, has announced today that Jarad M. Lucan, Attorney, Shipman & Goodwin LLP will speak at the Knowledge Group's webcast entitled: "Is the Grass Greener for NLRB Under Trump Administration? Live Webcast." This event is scheduled for July 13, 2017 from 3:00pm to 4:30pm .
In a May 16 Blog Post, I reviewed several cases dealing with the question of whether Title VII's ban on discrimination "because of . . . sex" included a ban on discrimination "because of sexual preferences."
Two years ago, former Harvard Law student , Stanford MBA and SAC Capital analyst Mathew Martoma asked the U.S. Court of Appeals for the Second Circuit to, you know, let him out of jail. Just weeks after he checked into the federal minimum-security resort in Miami , and just six months before his own appearance before it, the same court had just ruled that insider-trading-the crime of which he was convicted- may not actually exist .
Can employees record conversations at the workplace without the consent of the speakers? Or, can an employer enforce a policy that prohibits employees from recording conversations at work unless they have the consent of all the parties being recorded? Employers are up in the air over this issue. The reality of the modern workplace is that nearly every employee owns and carries a smartphone that is capable of producing high quality audio and video recordings.
JUNE 20: Two CBS interns run with a newly released Supreme Court ruling June 20, 2016 in Washington, DC. The ruling stated that the high court declined to hear an appeal of an October ruling by the New York-based 2nd U.S. Circuit Court of Appeals that upheld laws prohibiting semiautomatic weapons and large capacity magazines in two northeastern states.
Does the US government have the power to order American companies to hand over data stored on servers outside of the country? That's the question at the heart of a legal battle between Google and the FBI. A US judge has ordered Google to comply with search warrants seeking customer emails stored outside the United States - even though a federal appeals court reached an opposite conclusion in a similar case involving Microsoft.
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Microsoft notches another win in its battle to protect cloud data privacy, as an appeals court quashes the DOJ appeal over a warrant for data stored in an Ireland data center. Microsoft notched another win in its battle to protect cloud data privacy for data stored outside of the United States when an appeals court declined to reconsider its decision preventing the U.S. government from forcing Microsoft to turn over cloud data.
Last summer, a three-judge Second Circuit panel ruled that the U.S. government could not force Microsoft to turn over email data stored on overseas servers . They rejected the government's warrant, issued pursuant to the Stored Communications Act , finding that the act had no extraterritorial reach.
The Ohio Supreme Court is hearing the city of Dayton's appeal of a law strictly limiting red-light and speed cameras in a case with statewide implications. The court on Tuesday will hear arguments for and against the law that bans the use of red-light cameras without an officer present.
Whenever a pendulum swings too far in one direction, it is inevitable that it will swing back in the opposite direction. Some simply refer to this as a "reversion to the mean."