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District Court May Make a Determination as to “Substantial Similarly” on a Rule 12(b)(6) Motion to Dismiss in a Copyright Infringement Action
27 Apr 2010, 1:15 pm
§ 101 et. seq., and also alleged New York State law claims of quantum meruit and unjust enrichment. [read post]
New York Business Litigation Lawyer Blog - http://www.newyorkbusinesslitigationlawyerblog.com/
Classless Claim In Topless Bar: Arbitration Clause Strips FLSA Action Bare
11 Jul 2011, 8:15 am by Hunton & Williams LLP
  Second, the court in June 2011 permitted an immediate appeal to the United States Court of Appeals for the Second Circuit (covering Connecticut, New York, and Vermont), so that court will have the final say for the strippers. [read post]
Hunton Employment & Labor Law Perspectives - http://www.huntonlaborblog.com/
The government’s use of a former cellmate’s testimony to introduce a defendant’s statements about his planned trial strategy didn’t violate the Sixth Amendment right to the effective assistance of counsel where the witness wasn’t a government informant when the defendant confided in him. Also, a federal probation officer’s warrantless search of the home and car of a person “serving a term of supervised release” didn’t violate the Fourth Amendment because the probation officer needed only a “reasonable suspicion” to search, not a warrant or probable cause. United States v. Chandler, No. 18-1841, 56 F.4th 27 (2d Cir. [Dec. 27,] 2022) (C.J.J.’s Lynch, Carney, and Sullivan).
17 Jan 2023, 7:34 am by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
(1) Evidence was sufficient to prove a violation of 18 U.S.C. § 2251(a) — which prohibits using a minor to engage in sexually explicit conduct to produce a visual depiction of that conduct — when the defendant created a video showing a fully clothed, sleeping teenager and the defendant (nearby) engaging in conduct with himself. (2) Also, a 5-level sentencing enhancement, for engaging in a “pattern of activity” involving “prohibited sexual conduct,” was proper — under U.S.S.G. § 4B1.5(b)(1) — based on the offense of conviction and proof (by a preponderance) of just one other prohibited act. (3) Finally, a 70-year prison sentence, the Circuit holds. isn’t substantively unreasonable. United States v. Osuba, No. 20-3322, __ F.4th ____ (2d Cir. Apr. 17, 2023) (C.J.J.’s Calabresi, Park, Nardini).
24 Apr 2023, 2:08 pm by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
In an appeal from a district court’s decision declining to “reopen [a] detention hearing under 18 U.S.C. § 3142(f),” the Second Circuit concludes that the district court declining to reopen the detention hearing wasn’t an abuse of discretion. And the district court’s consideration of the strength of the evidence against the defendant, in weighing the bail factors listed in § 3142(g), didn’t impinge on the presumption of innocence because that’s a trial right that “has no application to a determination of the rights of a pretrial detainee.” United States v. Zhang, No. 22-1761-cr, __ F.4th ____, 2022 WL 17419594 (2d Cir. Dec. 6, 2022) (C.J.J.’s Raggi, Wesley, and Nardini).
8 Dec 2022, 9:39 am by Darrell Fields
” United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
[Orin Kerr] A glimpse at federal appellate briefs from the 1920s
29 Mar 2017, 7:43 am by Orin Kerr
United States, 29 F.2d 172 (2d Cir. 1928). [read post]
The Volokh Conspiracy - http://www.volokh.com/
Evolving State Green Amendment Litigation
1 Jul 2024, 2:34 pm by Sara Cody
To this point, one concern might be particularly populous and litigious states, like New York, which already have a large body of state precedent that is often conflicting, inconsistent, and sparse in reasoning. [read post]
Pace Environmental Law Review Blog - https://pelr.blogs.pace.edu/
U.S. Court of Appeals for the Fifth Circuit, Conti 11. Container Schiffarts-GMBH & Co. KG M.S., MSC Flaminia v. MSC Mediterranean Shipping Company S.A., Docket No. 22-30808
21 Apr 2024, 2:35 pm
 Louisiana Law     Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:22-CV-1114. [read post]
Frederic Borel - http://fredericborel.blogspot.ch/
The Risks of “Failed” Spoliation Efforts: The Southern District of New York Finds Severe Sanctions Available Under Rule 37(b)(2) and Inherent Authority for “Incompetent Spoliators”
6 Oct 2020, 7:17 am by Jessica A. Huse
Abbott Laboratories v. [read post]
Real Property & Environmental Law Alert - http://www.rpelawalert.com/
The Risks of “Failed” Spoliation Efforts: The Southern District of New York Finds Severe Sanctions Available Under Rule 37(b)(2) and Inherent Authority for “Incompetent Spoliators”
6 Oct 2020, 7:17 am by Jessica A. Huse
Abbott Laboratories v. [read post]
Employment Law Alert - http://www.employmentlawalert.com
The Risks of “Failed” Spoliation Efforts: The Southern District of New York Finds Severe Sanctions Available Under Rule 37(b)(2) and Inherent Authority for “Incompetent Spoliators”
6 Oct 2020, 7:17 am by Jessica A. Huse
Abbott Laboratories v. [read post]
IP Law Alert - http://www.iplawalert.com
Aly v. Aden, 2013 WL 593420 (D. Mn) [Canada] [Habitual Residence] [Grave Risk of Harm] [Attorneys Fees & Costs Clearly Inappropriate] [Petition Granted]
15 Aug 2013, 4:58 am by Joel R. Brandes
s doctor's appointment, Aden drove with the child to Buffalo, New York. [read post]
A Child is Missing - http://joelbrandes.blogspot.com/
The Regulatory Week in Review: July 22, 2016
21 Jul 2016, 9:30 pm by Justin Daniel
Davenport notes that among the states considering developing compliance programs are not just Democratic-led states with climate polices already in place, such as New York and California, but also states that were among the 27 to sue the U.S. [read post]
RegBlog - http://www.regblog.org/
New Law Restricts Texas Foreign Physicians' Practice To Medically Underserved Areas
7 Nov 2012, 1:58 pm by Louis Leichter
However, in January of 2012 the Second Circuit Court of Appeals in New York held the precise opposite. [read post]
Texas Medical Licensing Law Blog - http://www.txmedicallicensinglaw.com/
Wednesday round-up
24 Mar 2010, 5:57 am by Adam Chandler
United States, released earlier this month. [read post]
SCOTUSblog - http://www.scotusblog.com/
7 Questions You Have About the Manhattan DA’s Agreement with “A New York Antiquities Collector”
21 Dec 2021, 5:00 am by Rick St. Hilaire
Their publication gives notice to the antiquities trading and collecting communities in New York City—and their lawyers—that the Antiquities Trafficking Unit will scrutinize an individual, business, or institution for failing to apply basic due diligence when acquiring cultural property. [read post]
Cultural Heritage Lawyer - http://culturalheritagelawyer.blogspot.com/
A union’s decision to dismiss a meritorious grievance does not constitute a breach of the duty of fair representation in the absence of evidence that the union’s decision was arbitrary or made in bad faith
5 Jun 2024, 7:00 am by Public Employment Law Press
United States v. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A union’s decision to dismiss a meritorious grievance does not constitute a breach of the duty of fair representation in the absence of evidence that the union’s decision was arbitrary or made in bad faith
5 Jun 2024, 7:00 am by Public Employment Law Press
United States v. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
On the Waterfront: Was a Post on this Page the Genesis of an Original Action in the Supreme Court?
10 Apr 2022, 5:43 pm by Bernard Bell
”  The docket sheet for the case, New York v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Second Circuit Reinstates Brady’s Four-Game "Deflategate" Suspension
25 Apr 2016, 11:44 am by Beth Graham
On appeal to the United States Court of Appeals for the Second Circuit, a three-judge panel reversed the district court’s order. [read post]
Disputing Blog - http://www.disputingblog.com/