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Second Circuit vacates and remands for fact-finding on claim the government breached a plea agreement by its oral representations during plea negotiations, despite the agreement’s “merger clause” (saying the written agreement is “the total agreement” between the parties). United States v. Feldman, Nos. 17-2868-cr, 17-2869-cr,  __F.3d__, 2019 WL 4419378  (Sept. 17,  2019). 
19 Sep 2019, 11:59 am by Darrell Fields
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Court rejects challenge to State and City COVID-19 shutdown rules
6 Feb 2023, 6:42 am by Second Circuit Civil Rights Blog
For various reasons, there is no case here, the Court of Appeals says.The case is Heidel v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Circuit affirms convictions arising from usurious and fraudulent lending scheme.
3 Jun 2020, 11:33 am by Edward S. Zas
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Time to Pivot? Thoughts on Jesner v. Arab Bank
25 Apr 2018, 10:55 am by Samuel Moyn
Sosa v. [read post]
Lawfare - http://www.lawfareblog.com/
Delay Gratification
31 Aug 2009, 2:19 pm by Steve Statsinger
United States v. [read post]
Second Circuit Blog - http://circuit2.blogspot.com/
"The concept of corporate liability for violations of customary international law has not achieved universal recognition or acceptance as a norm in the relations of States with each other."
17 Sep 2010, 9:06 am
Court of Appeals for the Second Circuit issued today in Kiobel v. [read post]
How Appealing - http://howappealing.law.com/
The Second Circuit holds that, despite the erroneous jury instructions defining the “crime of violence” required for a § 924(c) conviction — allowing the jury to convict the Petitioners based on predicate offenses that didn’t necessarily require the actual or threatened use of force — the Petitioners failed to show that the instructional errors “resulted in prejudice that would entitle them to the relief they [sought] under 28 U.S.C. § 2255.” Nardino Colotti, et al. v. United States, Nos. 21-932(L), 21-937(CON), 21-950(CON), 21-992(CON), 21-1548(CON), __ F.4th ____ (2d Cir. June 21, 2023) (C.J.J.’s Leval, Parker, Menashi).
26 Jun 2023, 11:37 am by Darrell Fields
” Nardino Colotti, et al. v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Affirm Stance
22 Jun 2008, 3:15 pm
United States v. [read post]
Second Circuit Blog - http://circuit2.blogspot.com/
Deal Or No Deal?
30 Oct 2010, 8:12 am by Steve Statsinger
United States v. [read post]
Second Circuit Blog - http://circuit2.blogspot.com/
What Did Google Books Decision Do To Cariou v Prince?
21 Oct 2015, 5:00 am by Terry Hart
” To explain the distinction, Leval turned to the same passage from the Supreme Court’s opinion in Campbell v. [read post]
Copyhype - http://www.copyhype.com/
USA: Excelled Sheepskin & Leather Coat Corp. v. Oregon Brewing Company, United States Court of Appeals, Second Circuit, No. 16-3602, 27 July 2018
10 Aug 2018, 12:02 am by Cheryl Beise
Oregon Brewing Company, July 27, 2018, Leval, P.). [read post]
KluwerTrademarkBlog - http://trademarkblog.kluweriplaw.com/
Trademark case: RiseandShine Corp. v. PepsiCo, Inc., USA
26 Sep 2022, 6:19 am by Matthew Hersh (Wolters Kluwer)
PepsiCo, Inc., July 22, 2022, Leval, P.). [read post]
KluwerTrademarkBlog - http://trademarkblog.kluweriplaw.com/
[Eugene Volokh] Religious Worship, Political Commentary About Religion, and Federal Power Under the Commerce Clause
14 Oct 2021, 2:50 pm by Eugene Volokh
Lopez and United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
State cannot clawback inmate's damages award to cover the costs of his incarceration
5 Feb 2021, 7:30 am by Second Circuit Civil Rights Blog
The Court of Appeals rules in favor of the inmate.The case is Williams v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Inmate with PTSD loses equal protection claim
10 Jul 2013, 11:38 am by Second Circuit Civil Rights Blog
Sometimes the inmate gets shafted, but the law is not on his side, so he loses the case.The case is Spavone v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
No religious discrimination when state eliminates religious exception to vaccine requirements
7 Aug 2023, 7:44 am by Second Circuit Civil Rights Blog
That ruling, Employment Division v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)
17 May 2024, 8:36 am by Eric Goldman
In In Re Jackson, Judge Leval applied this approach to a right of publicity claim, but it is applicable to any state law cause of action, and in X v. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
Did Campbell v Acuff-Rose find 2 Live Crew’s song to be fair use?
3 Mar 2016, 5:00 am by Terry Hart
Campbell v. [read post]
Copyhype - http://www.copyhype.com/
Court of Appeals upholds New York State measles vaccination requirements
2 Aug 2022, 6:35 am by Second Circuit Civil Rights Blog
 The Court of Appeals disagrees and the state procedures remain on the books.The case is Goe v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Disability discrimination complaint does not contradict itself
4 Nov 2013, 9:37 am by Second Circuit Civil Rights Blog
The Court of Appeals (Hall, Leval and Lohier) says they are not. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/