February 19, 2016 | New York Law Journal
Group's Monitoring of Sex Offenders Called 'State Action'A federal judge said representatives of Parents for Megan's Law, a private group hired by Suffolk County to increase monitoring of registered sex offenders, were acting under color of state law when they went to the home of a man convicted of sex offenses, demanded to see his driver's license, and threatened to show up at his job with no notice.
By Mark Hamblett
5 minute read
February 18, 2016 | New York Law Journal
Circuit Clarifies Guidelines for Forfeiture OrdersA sentencing judge can consider a defendant's age, health and financial condition when deciding whether forfeiture would deprive him of his future ability to make a living, a federal appeals court ruled. The court's decision, however, did not help disbarred attorney Benjamin Viloski, who still must forfeit nearly $1.3 million.
By Mark Hamblett
4 minute read
February 17, 2016 | Law.com
White Officer Can Pursue Bias Claim, Circuit RulesDiscrimination against a white police lieutenant who was passed over for promotion by a fellow lieutenant who identifies as white but who is ethnically Hispanic was held actionable under a federal civil rights law.
By Mark Hamblett
6 minute read
February 17, 2016 | New York Law Journal
Monitor: More Effort Needed in NYPD Stop/Frisk PracticesThe monitor guiding the remedial process in the New York City Police Department's stop-and-frisk litigation said progress has been made, but there is a long way to go before police know what is expected of them.
By Mark Hamblett
2 minute read
February 11, 2016 | New York Law Journal
Circuit Reverses Writ Granted in Bathtub Scalding CaseThe Second Circuit disagreed with Eastern District Judge Jack Weinstein, who had found in 2015 that the Confrontation Clause right of defendant Michael Duhs was violated at his trial because the child did not testify and prosecutors instead relied on the doctor who treated the burns to describe what the child said.
By Mark Hamblett
5 minute read
February 10, 2016 | New York Law Journal
Circuit Passes on En Banc Hearing Over Speedy TrialSecond Circuit Judges Rosemary Pooler and Peter Hall sent the case of Raheem Bert back to a lower court judge who acknowledged that an 11-month delay in bringing Bert to trial on gun charges, without excluding time under the act, was her fault.
By Mark Hamblett
5 minute read
February 09, 2016 | New York Law Journal
Colleagues Recall Cedarbaum's Devotion, IntegrityTributes poured in Monday from friends and colleagues of Southern District Judge Miriam Goldman Cedarbaum, who died Friday at age 86. She was remembered as a woman who carved a unique path in the law and on the bench.
By Mark Hamblett
5 minute read
February 05, 2016 | New York Law Journal
RICO Conviction Supported by 'Affront' to Mob, Circuit SaysA double murder as revenge for a spilled drink was enough to tie a Gambino crime family boss to a racketeering enterprise, the Second Circuit has ruled.
By Mark Hamblett
5 minute read
February 04, 2016 | New York Law Journal
Investors Can Sue Foreign Wealth Fund in US, Circuit RulesThe Second Circuit has clarified the law on sovereign immunity for actions by a foreign nation's commercial entity that take place outside of the United States but harm investors within the United States.
By Mark Hamblett
4 minute read
February 03, 2016 | New York Law Journal
Monitor Accepted by County in Hasidim Voting Rights SuitA judge signed off Tuesday on a consent decree that resolves claims that the Sullivan County Board of Elections illegally challenged the registration or qualification of Hasidic voters.
By Mark Hamblett
4 minute read