Posts filtered by tags: U S Court of Appeals for the Second Circuit[x]


 

Gov. Cuomo Striped NY Gun Rights And Crime Is Soaring

By Larry Keane New York is an anti-gun dystopia. IMG iStock-884181314 U.S.A. -(AmmoLand.com)- New York’s Democratic Gov. Andrew Cuomo is feeling the heat for more than just his COVID scandal. He’s also dodging his citizens’ demands for reducing crime while at the same time denying them their Second Amendment rights. Gov. Cuomo’s contempt for gun owners and the firearm industry dates back over two decades to his time as Housing and Urban Development Secretary for former President Bill Clinto...
Tags: New York, Guns, Congress, New York City, Gotham, Bill Clinton, Hud, Bill De Blasio, Andrew Cuomo, Albany, Clinton, Cuomo, IMG, Gov Cuomo, Housing and Urban Development, U S Court of Appeals for the Second Circuit


Gov. Cuomo Stripped NY Gun Rights And Crime Is Soaring

By Larry Keane New York is an anti-gun dystopia. IMG iStock-884181314 U.S.A. -(AmmoLand.com)- New York’s Democratic Gov. Andrew Cuomo is feeling the heat for more than just his COVID scandal. He’s also dodging his citizens’ demands for reducing crime while at the same time denying them their Second Amendment rights. Gov. Cuomo’s contempt for gun owners and the firearm industry dates back over two decades to his time as Housing and Urban Development Secretary for former President Bill Clinto...
Tags: New York, Guns, Congress, New York City, Gotham, Bill Clinton, Hud, Bill De Blasio, Andrew Cuomo, Albany, Clinton, Cuomo, IMG, Gov Cuomo, Housing and Urban Development, U S Court of Appeals for the Second Circuit


United States: Second Circuit Reaffirms That Federal Securities Laws Do Not Apply To Predominantly Foreign Transactions - Proskauer Rose LLP

The U.S. Court of Appeals for the Second Circuit reaffirmed yesterday that the federal securities laws do not apply to "predominantly foreign" ...
Tags: News, United States, U S Court of Appeals for the Second Circuit, Proskauer Rose LLP


United States: Supreme Court Vacates Second Circuit Ruling Expanding Insider Trading Liability - Gibson, Dunn & Crutcher

On January 11, 2021, the Supreme Court in a summary disposition vacated the U.S. Court of Appeals for the Second Circuit's major insider trading decision in United States v. Blaszczak, 947 F.3d 19...
Tags: News, Supreme Court, United States, U S Court of Appeals for the Second Circuit, Gibson Dunn, Supreme Court Vacates Second Circuit Ruling


United States: Second Circuit Vacates Tiffany's $21 Million Win Over Costco - Jones Day

On August 17, 2020, in Tiffany & Co. v. Costco Wholesale Corp., Case No. 17-2798, the U.S. Court of Appeals for the Second Circuit vacated the district court's determination on summary judgment...
Tags: News, United States, Tiffany Co, U S Court of Appeals for the Second Circuit, Costco Wholesale Corp, Second Circuit Vacates Tiffany


United States: Expanding The Scope Of The Bankruptcy Safe Harbor For Securities Transactions - Jones Day

In 2019, the U.S. Court of Appeals for the Second Circuit made headlines when it ruled that creditors' state law fraudulent transfer claims arising from the 2007 leveraged buyout ("LBO")
Tags: News, United States, U S Court of Appeals for the Second Circuit


Trump Loses—Again—In Bid To Block NY Grand Jury Subpoena For His Financial Docs

The U.S. Court of Appeals for the Second Circuit for a second time backed a subpoena issued in New York’s investigation into President Trump’s financial conduct. The subpoena is facing a second round of legal challenges from President Trump after the Supreme Court this summer said that being the sitting president did not give Trump immunity from state criminal investigations. Trump now is challenging the subpoena on grounds that are in theory available to any normal defendant. The subpoena wa...
Tags: New York, News, Supreme Court, Manhattan, Cy Vance, Donald Trump, Trump, Tierney Sneed, Vance, Second Circuit, U S Court of Appeals for the Second Circuit, Mazars, Mazars USA


United States: DHS May Resume Public Charge Rule, Federal Appeals Court Rules - Jackson Lewis P.C.

The Department of Homeland Security (DHS) may resume implementation of the new Public Charge Rule, the U.S. Court of Appeals for the Second Circuit has ruled.
Tags: News, Dhs, United States, Department of Homeland Security DHS, Jackson Lewis, U S Court of Appeals for the Second Circuit, Federal Appeals Court


Developments in the SDNY Cases Challenging Trump's "I Won't Count Undocumented Immigrants as Inhabitants" Plan

A couple of weeks ago I published a long post about President Trump’s announcement that he plans to exclude undocumented immigrants from his calculation of State populations for purposes of reapportionment of House seats on the ground that such persons who live in the various States … aren’t inhabitants of those States.   (Seriously—that’s the theory.)   I thought I’d try to keep Balkinization readers up to speed from time to time on the many lawsuits that have already been filed challengi...
Tags: New York, House, Aclu, States, Branding, Trump, U S Court of Appeals for the Second Circuit, Southern District of New York, Furman, Marty Lederman, Balkinization, New York Immigration Coalition, Katzmann


The Government Cannot Protect You! You Must Protect Yourself!

The Government Cannot Protect You! You Must Protect Yourself! U.S.A. –-(AmmoLand.com)- As a NYPD veteran police officer, and Adjunct Professor/Lecturer of Police Science at John Jay College of Criminal Justice, National Rifle Association Certified Firearms Instructor (pistol, rifle, and shotgun), and Training Counselor, and active member of the International Association of Law Enforcement Firearms Instructors, and lifetime resident of New York City, I have dedicated my life to the preservatio...
Tags: New York, Guns, New York City, US, America, Chicago, Bill De Blasio, Republic, Andrew Cuomo, Albany, New York State, Nra, U S Supreme Court, McDonald, Second Circuit, U S Court of Appeals for the Second Circuit


United States: 1-800 Contacts Sets Sights On Reversal Of Judgement In Anticompetitive Advertising Case - Reed Smith

On March 5, 2020, contact lens distributor 1-800 Contacts presented arguments to the U.S. Court of Appeals for the Second Circuit appealing to overturn judgment for alleged antitrust violations
Tags: News, United States, Reed Smith, U S Court of Appeals for the Second Circuit


Lawyers in Prison

Some years ago, I found myself seated at a dinner event next to a trial judge, and I asked her what was the most challenging part of her work. She said sentencing convicted defendants to prison terms: however horrendous the crime, she said, it always saddened her to lock somebody up. But then she added that she found the task easier in the case of white-collar criminals. She explained to me that because those defendants typically have used their educational and employment advantages not for prod...
Tags: New York City, Brooklyn, Branding, Nyu, U S Court of Appeals for the Second Circuit, Fordham, Jason Mazzone


Knife Rights: Amicus Brief Filed in NYC DA’s Effort To Vacate Gravity Knife Decision

Knife Rights: Amicus Brief Filed in NYC DA's Effort To Vacate Gravity Knife Decision U.S.A. –-(Ammoland.com)- Today, Knife Rights Foundation, America's foremost public benefit organization dedicated to knives, filed an Amicus Curiae (Friend of the Court) brief opposing District Attorney Cyrus Vance, Jr's appeal and his reprehensible effort to now moot his own appeal and vacate the Federal District Court decision that ruled the “wrist flick test,” used by NYPD and prosecutors to determine if a...
Tags: Guns, Supreme Court, New York City, New York Police Department, Appeals Court, U S Court of Appeals for the Second Circuit, The Foundation, Federal District Court, Cyrus Vance Jr, Appellee, Gun Rights News, Knife Rights, Doug Ritter, Amicus Brief, Knife Rights Foundation, Amicus Curiae


NSSF on NY Gov’s Comments: King Cuomo Should Look in the Mirror

By Larry Keane Gov. Cuomo's hypocrisy is on full display with comments condemning alleged Trump tyranny. U.S.A. -(AmmoLand.com)- Three-term New York Democratic Governor Andrew Cuomo recently bemoaned President Donald Trump’s leadership during the coronavirus pandemic, stating “We don’t have a king in this country. We didn’t want a king, so we have a Constitution and we elect a president.” Perhaps “the Guv” should look in the mirror before opening his mouth. Gov. Cuomo has used his daily tim...
Tags: New York, Guns, Congress, America, New Jersey, Andrew Cuomo, Donald Trump, Department Of Homeland Security, Clinton, Cuomo, Housing and Urban Development, U S Court of Appeals for the Second Circuit, U S House of Representatives, Empire State, NSSF, Phil Murphy


Donald Trump Cannot Block His Critics on Twitter, Appeals Court Reaffirms

President Donald Trump gets a lot of hate on Twitter, but multiple courts have ruled that he cannot block his critics. On Monday, the U.S. Court of Appeals for the Second Circuit denied Trump's request for an en banc review of the court's previous decision. The Knight First Amendment Institute at Columbia University sued Trump...
Tags: Politics, Advertising, Columbia University, Donald Trump, Trump, U S Court of Appeals for the Second Circuit, Knight First Amendment Institute, Publishers & Platforms, Twitter Appeals Court


United States: Second Circuit Affirms Visual Artists Rights Act Protects Famed Graffiti-ed Building - Pearl Cohen Zedek Latzer Baratz

The U.S. Court of Appeals for the Second Circuit has held that even "temporary" artwork, such as graffiti, may achieve recognized stature so as to be protected from destruction by the Visual Artists Rights Act of 1990.
Tags: News, United States, U S Court of Appeals for the Second Circuit, Cohen Zedek Latzer Baratz


United States: Second Circuit Rejects Proportionality Standard In FLSA Settlement Agreements When Determining Attorneys' Fees - Ogletree, Deakins, Nash, Smoak & Stewart

In a 29-page decision, the U.S. Court of Appeals for the Second Circuit held in Fisher v. SD Protection Inc., No. 18-2504, that a district court had abused its discretion by rewriting a FLSA settlement agreement ...
Tags: News, United States, Stewart, Fisher, U S Court of Appeals for the Second Circuit, FLSA, Ogletree Deakins Nash Smoak, SD Protection Inc


United States: Second Circuit Paves Easier Route To Prosecute Disclosure Of Agency Information, Insider Trading - Holland & Knight

A recent U.S. Court of Appeals for the Second Circuit decision holds that the Centers for Medicare & Medicaid Services pre-announcement rule on rate reimbursement is "property" for wire fraud and securities fraud.
Tags: News, United States, Holland, U S Court of Appeals for the Second Circuit, Centers for Medicare Medicaid Services


United States: Second Circuit Stamps Out Approval Requirement For FLSA Claims Settled Via Rule 68 Offers Of Judgment - Ogletree, Deakins, Nash, Smoak & Stewart

On December 6, 2019, the U.S. Court of Appeals for the Second Circuit held in Yu v. Hasaki Restaurant, Inc., No. 17-3388, that judicial approval
Tags: News, United States, Yu, Stewart, U S Court of Appeals for the Second Circuit, FLSA, Ogletree Deakins Nash Smoak, Hasaki Restaurant Inc






United States: Second Circuit Allows Avoidance Actions Against Foreign Transferees In Madoff Proceeding - Skadden, Arps, Slate, Meagher & Flom (UK) LLP

On February 25, 2019, the U.S. Court of Appeals for the Second Circuit vacated the bankruptcy court's dismissal of avoidance actions brought by Irving Picard
Tags: News, United States, U S Court of Appeals for the Second Circuit


United States: Second Circuit Affirms Dismissal Of Chapter 15 Appeal By Purported Shareholder On Standing Grounds - Orrick

In a March 19, 2019 summary order, the U.S. Court of Appeals for the Second Circuit affirmed the district court's dismissal of a purported shareholder's appeal challenging the chapter 15 recognition
Tags: News, United States, U S Court of Appeals for the Second Circuit, Orrick


Why You Won't Ever See A Market For Used Digital Music

The secondhand market has been a strong feature of the music industry ever since music was fixed in a tangible medium, so it's only natural that this secondary economy would evolve to encompass, "secondhand" digital music as well - at least if the court of appeals hadn't shut it down. __________________________ Guest post by Bobby Owsinski of Music 3.0 If you’ve ever owned physical music product like vinyl or CDs you know that there’s a market for “pre-owned” albums. People have made...
Tags: Music, New York City, Capitol Records, U S Court of Appeals for the Second Circuit, Bobby Owsinski, Redigi


Virtual Garage Sales for Used Digital Music Are Barred by Court

The decision, issued Wednesday, affirms a district court’s ruling that such sales infringe the exclusive rights of copyright holders. A virtual marketplace designed to resell digital music files as if they were secondhand albums runs afoul of copyright law, the U.S. Court of Appeals for the Second Circuit ruled in a victory for record labels. ReDigi Inc., a closely held company that created a platform for the resale of legally purchased music files, had argued that its service facilitated the ...
Tags: Science, Court, U S Court of Appeals for the Second Circuit, ReDigi Inc


[UPDATED] The Odd Supreme Court Grant in the Census Citizenship Question Case

Currently pending in the Southern District of New York is a case in which many States, counties, cities and private organizations have sued the Department of Commerce, seeking to enjoin the Department's plan to add a question about residents' citizenship to the 2020 census questionnaire.  Plaintiffs' primary arguments are that the inclusion of such a question is arbitrary or capricious and that it is the result of race discrimination in violation of the equal protection "component" of the Fifth ...
Tags: Supreme Court, Court, Commerce, States, Doj, Branding, Department, District Court, U S Court of Appeals, Second Circuit, U S Court of Appeals for the Second Circuit, Department of Commerce, Southern District of New York, Furman, Camus, Marty Lederman


Appeals Court Backs Deposition Of Top DOJ Official In Census Citizenship Case

A federal appeals court Tuesday rejected the Trump administration’s attempts to prevent a top Justice Department official from being deposed in a New York case challenging the move to add a citizenship question to the 2020 census. A panel of judges on the U.S. Court of Appeals for the Second Circuit said that it had found “no clear abuse of discretion” in a district court’s decision ordering Acting Assistant Attorney General John Gore to sit for a deposition. Gore, a political appointee, is be...
Tags: New York, News, Commerce, Npr, Doj, Justice Department, Ross, Gore, Trump, Tierney Sneed, U S Court of Appeals for the Second Circuit, Wesley, Census Bureau, McArthur, Wilbur Ross, Richard Wesley


United States: Sixth Circuit Says Policyholder's Social Engineering Loss Covered By Computer Fraud Policy - Skadden, Arps, Slate, Meagher & Flom (UK) LLP

On the heels of a widely reported decision by the U.S. Court of Appeals for the Second Circuit holding that an insured was covered by a computer fraud policy for social engineering-related loss
Tags: News, United States, U S Court of Appeals for the Second Circuit


“Howard County teen pleads guilty to terrorism plot”

“Howard County teen pleads guilty to terrorism plot”: Back in May 2012, Tricia Bishop of The Baltimore Sun had an article that begins, “With a full math and science scholarship to the Johns Hopkins University and accolades for his writing, Howard County’s Mohammad Hassan Khalid seemed ready to continue the American dream his father embarked on years ago when he brought the family from Pakistan.” And in April 2014, Ed Pilkington of The Guardian (UK) had an article headlined “Mohammad Hassan Khali...
Tags: UK, Law, Uncategorized, US, Pakistan, Baltimore Sun, Khalid, Howard County, U S Court of Appeals for the Second Circuit, Johns Hopkins University, Jihad Jane, Ed Pilkington, Tricia Bishop, Mohammad Hassan Khalid


“Photographers Sue NFL, Getty Images & AP”

“Photographers Sue NFL, Getty Images & AP”: Courthouse News Service published this report back in October 2013. Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued this ruling reinstating many of the photographers’ claims.
Tags: Law, Uncategorized, NFL, Courthouse News Service, U S Court of Appeals for the Second Circuit