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Publication Date: 2022-06-30
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge John Walker
Attorneys: For plaintiff: For Petitioner-Appellant Dwayne Stone: Daniel Habib, Federal Defenders of New York, Inc., Appeals Bureau, New York, NY.
for defendant: For Respondent-Appellee United States of America: Amy Busa, Ellen H. Sise, on the brief, Nicholas Axelrod, Assistant United States Attorneys, for Mark J. Lesko, Acting United States Attorney for the Eastern District of New York, Brooklyn, NY.
Case Number: 20-1778
Habeas Denied; Gun Charge Lawfully Predicated; No Prejudice by Invalid Jury Instruction
Publication Date: 2022-06-27
Practice Area: Criminal Law | Evidence
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge John Walker
Attorneys: For plaintiff: For Appellee the United States of America: Marc H. Silverman, on the brief, Rahul Kale, Assistant United States Attorneys, for Leonard C. Boyle, Acting United States Attorney for the District of Connecticut, New Haven, CT.
for defendant: For Defendant-Appellant Robert Capelli: Tina Schneider, Portland, ME.
Case Number: 19-4362-cr
Vehicle Exception to Warrant Requirement Applies to Plane Used to Transport Marijuana
Publication Date: 2022-06-13
Practice Area: Employment Compliance | Insurance Litigation
Industry: Insurance
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge John Walker
Attorneys: For plaintiff: For Plaintiff-Appellant John McQuillin: Jeffrey Delott, Law Offices of Jeffrey Delott, Jericho, NY, on the brief, John Dehaan, The DeHaan Law Firm P.C., Hauppauge, NY.
for defendant: For Defendant-Appellee Hartford Life and Accident Insurance Co.: Linda L. Morkan, on the brief, Patrick W. Begos, Robinson & Cole LLP, Stamford, CT.
For amicus curiae U.S. Secretary of Labor: Jeffrey Hahn, Counsel for Litigation, Stephen Silverman, Senior Trial Attorney, Marcia Bove, Senior Trial Attorney, on the brief for G. William Scott, Associate Solicitor for Plan Benefits Security, Seema Nanda, Solicitor of Labor, U.S. Department of Labor, Washington, DC.
For amicus curiae American Council of Life Insurers: Mark E. Schmidtke, Byrne J. Decker, on the brief, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Valparaiso, IN and Portland, ME.
Case Number: 21-1514
Insurer Failed to Provide 'Final Decision' as to Benefits Within 45 Days of Appeal
Publication Date: 2022-06-02
Practice Area: Securities Litigation
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge John Walker
Attorneys: For plaintiff: For Plaintiffs-Appellants: Jeremy A. Lieberman, Pomerantz LLP, New York, NY.
for defendant: For Defendants-Appellees: Jonathan H. Friedman, on the brief, John A. Tucker, Foley & Lardner LLP, Jacksonville, FL, New York, NY; Charles C. Ritter, Jr., on the brief, Duke, Holzman, Photiadis & Gresens LLP, Buffalo, NY.
Case Number: 21-0347-cv
Complaint Inadequately Alleged Duty to Disclose Payment for Articles Promoting Firm
Publication Date: 2022-02-04
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge John Walker
Attorneys: For plaintiff:
for defendant:
Case Number: 14-1908
Court's Failure to Enter Preliminary Order Did Not Render Forfeiture Invalid
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Publication Date: 2022-01-31
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge John Walker
Attorneys: For plaintiff: For Plaintiffs-Appellees and Intervenors-Plaintiffs-Appellees: Wey-Wey Kwok, on the brief, Alice Bers, Center for Medicare Advocacy, Willimantic, CT; David J. Berger, Steven Guggenheim, on the brief, Wilson Sonsini Goodrich & Rosati, Palo Alto, CA; Regan Bailey, Carol Wong, on the brief, Justice in Aging, Washington, D.C.
for defendant: For Defendant-Appellant: Michael S. Raab, on the brief, Adam C. Jed, Attorneys, Appellate Staff, for Brian M. Boynton, Acting Assistant Attorney General, Civil Division, United States Department of Justice, Washington, D.C.
For Amici Curiae AARP, AARP Foundation, National Disability Rights Network, and Disability Rights Connecticut: M. Geron Gadd, Kelly Bagby, William Alvarado Rivera, on the brief, AARP Foundation, Washington, D.C.; Kasey Considine, on the brief, Disability Rights Connecticut, Hartford, CT.
For Amici Curiae The American Medical Association and Connecticut State Medical Society: Erin G. Sutton, on the brief, American Medical Association, Chicago, IL.
For Amicus Curiae The American Health Care Association: James F. Segroves, on the brief, Reed Smith LLP, Washington, D.C.
Case Number: 20-1642-cv
Medicare Beneficiaries' Rights Violated by Reclassification Absent Mechanism to Appeal
Publication Date: 2021-11-30
Practice Area: Criminal Law
Industry: Non-Profit
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge John Walker
Attorneys: For plaintiff: For Appellant-Cross-Appellee: Tiffany H. Lee, Assistant United States Attorney, for James P. Kennedy, Jr., United States Attorney for the Western District of New York.
for defendant: For Defendant-Appellee-Cross-Appellant Steve S. Jabar: Jamesa J. Drake, Drake Law, LLC.
For Defendant-Appellee-Cross-Appellant Deborah Bowers: Jesse C. Pyle, on the brief, Mark J. Mahoney, Harrington & Mahoney.
Case Number: 17-3514-cr
Case Remanded So Court Can Consider FRCP 29(b) New Trial Motion in First Instance
Publication Date: 2021-10-06
Practice Area: Creditors' and Debtors' Rights | Immigration Law | Wage and Hour Litigation
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge John Walker
Attorneys: For plaintiff: For Plaintiff-Counter-Defendant-Appellee United States of America: Stanley E. Keen, Deputy Solicitor for National Operations, Jennifer S. Brand, Associate Solicitor, Rachel Goldberg, Counsel for Appellate Litigation, on the brief, Jesse Z. Grauman, Senior Attorney, United States Department of Labor, Washington, District of Columbia.
for defendant: For Defendants-Counter-Claimants-Appellants Vickram Bedi and Datalink Computer Products, Inc.: Leonardo Trivigno, on the brief, Alan Lewis, Carter Ledyard & Milburn LLP, New York, New York.
Case Number: 20-1955-cv
Government Cannot Use FDCPA to Collect Back Wages Owed to H-1B Visa Program Worker
Publication Date: 2021-08-31
Practice Area: Labor Law
Industry: Construction
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge John Walker
Attorneys: For plaintiff: For Petitioner International Brotherhood of Electrical Workers, Local Union 43: Matthew J. Ginsburg, on the brief, Maneesh Sharma, AFL-CIO Office of the General Counsel, Washington, District of Columbia; Jonathan D. Newman, on the brief, Sherman Dunn, P.C., Washington, District of Columbia; Kenneth L. Wagner, on the brief, Blitman & King LLP, Syracuse, New York.
for defendant: For Respondent National Labor Relations Board: Kira Dillinger Vol, on the brief, Greg P. Lauro, National Labor Relations Board, Washington, District of Columbia.
For Intervenor ADT, LLC: Norma Manjarrez, on the brief, Jeremy C. Moritz, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Chicago, Illinois.
Case Number: 20-1163
CBAs Did Not Allow Company to Unilaterally Impose Mandatory Six-Day Workweek
Publication Date: 2021-08-04
Practice Area: Civil Rights | Constitutional Law | Criminal Law | Immigration Law
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge John Walker
Attorneys: For plaintiff: For Appellee: Kevin Trowel, on the brief, Tanya Hajjar, Assistant United States Attorneys, for Mark J. Lesko, Acting United States Attorney for the Eastern District of New York.
for defendant: For Defendant-Appellant Javier Perez: Yuanchung Lee, Federal Defenders of New York, Inc., Appeals Bureau.
Case Number: 19-620-cr
18 USC §922(g)(5), as Applied to Undocumented Alien, Withstands 'Intermediate Scrutiny'
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