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2 Mar 2021, 7:12 am
§ 1447(d) generally provides that “an order remanding a case to the State court from which it was removed is not reviewable on appeal,” the United States Supreme Court explained in Thermtron Prods., Inc. v. [read post]
19 Aug 2017, 4:34 am
Mathew Martoma, Defendant/Appellant (Opinion, United States court of Appeals for the Second Circuit; 14-3599 / August 23, 2017), the Syllabus offers the following preliminary background:Defendant‐appellant Mathew Martoma appeals from a judgment of conviction entered on September 9, 2014 in the United States District Court for the Southern District of New York (Gardephe, J.). [read post]
8 Jul 2011, 9:06 am
Court of Appeals for the Second Circuit on the application of the Alien Tort Statute to corporate conduct. [read post]
1 May 2010, 4:44 am
United States. [read post]
17 Feb 2010, 5:37 pm
Specifically, applying the heightened pleading standard required by the United States Supreme Court’s decision in Bell Atlantic Corp. v. [read post]
28 Aug 2017, 6:02 am
Prior decisions had limited “domestic” transactions to ones where (1) the purchaser “incurred irrevocable liability within the United States to take and pay for a security … or to deliver a security” or (2) “legal title to the security … transferred in the United States” (see, e.g., Absolute Activist Value Master Fund Ltd. v. [read post]
27 Jan 2016, 12:01 am
” He served on the United States District Court for the Southern District of New York and later the United States Court of Appeals for the Second Circuit. [read post]
19 Jan 2008, 9:00 am
United States v. [read post]
3 Mar 2008, 5:23 am
Court of Appeals for the Second Circuit held that New York common law did not permit the owner of a federal mark or trade dress to assert property rights therein by virtue of the owner's prior use of the mark or dress in a foreign country:In [an earlier] decision, this court affirmed the grant of summary judgment on ITC's trademark infringement claims under section 32(1)(a) of the Lanham Act and New York common law, concluding that ITC had… [read post]
2 Feb 2008, 7:59 am
The Second Circuit Court of Appeals upheld dismissal of the challenge to condemnation of private property for the Atlantic Yards Project in Brooklyn stating in the case Goldstein v. [read post]
2 Feb 2008, 7:59 am
The Second Circuit Court of Appeals upheld dismissal of the challenge to condemnation of private property for the Atlantic Yards Project in Brooklyn stating in the case Goldstein v. [read post]
16 Dec 2014, 8:01 pm
Last week, the United States Supreme Court granted the writ of certiori in the case of Bullard v. [read post]
27 Jan 2016, 6:09 pm
Last April, the United States Supreme Court in Rodriguez v. [read post]
28 Nov 2016, 8:53 am
The Supreme Court's Opinion clarifies some of the uncertainty that developed following the United States Court of Appeals for the Second Circuit vacatur of the insider-trading convictions in United States of America v. [read post]
13 Apr 2023, 12:24 pm
United States, Nos. 21-2925(L), 21-3028 (2d Cir. [read post]
12 Mar 2014, 12:36 pm
Feb. 18, 2014), the United States Court of Appeals for the Second Circuit upheld the authority of the Securities and Exchange Commission (“SEC”) to obtain “disgorgement” from a money manager profits earned by another party from trades based material nonpublic information known to the money manager, even though the manager did not receive any of those profits. [read post]
5 Jun 2019, 10:28 am
Finally, the United States Court of Appeals for the Fifth Circuit affirmed the trial court’s order dismissing the case in favor of arbitration. [read post]
19 Oct 2007, 7:46 am
The United States Supreme Court has denied a petition to review the decision of the United States Court of Appeals for the Second Circuit in the case of Board of Education of Hyde Park v. [read post]
20 Aug 2022, 6:00 am
Click HEREto access the Second Circuit's decision. [read post]
20 Aug 2022, 6:00 am
Click HEREto access the Second Circuit's decision. [read post]
