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  • Giron-Molina v. Garland

    Publication Date: 2023-06-26
    Practice Area: Criminal Law | Immigration Law
    Industry: Federal Government
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff: For Petitioner: Lara Nochomovitz, Chagrin Falls, OH.
    for defendant: For Respondent: Brian Boynton, Principal Deputy Assistant Attorney General; Anthony P. Nicastro, Assistant Director; Kristen H. Blosser, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, DC.
    Case Number: 22-6243

    Arkansas Statute of Conviction Is Not Categorically a 'Crime Involving Moral Turpitude'

  • Magellan Tech. Inc. v. U.S. Food Drug Admin.

    Publication Date: 2023-06-23
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Myrna Perez
    Attorneys: For plaintiff: For Petitioner Magellan Technology, Inc.: Joseph A. Smith, Jessica Tierney, on the brief, Eric N. Heyer, Thompson Hine LLP, Washington, D.C.
    for defendant: For Respondent United States Food and Drug Administration: Samuel R. Bagenstos, General Counsel, U.S. Department of Health and Human Services, Wendy S. Vicente, Acting Deputy Chief Counsel for Litigation, U.S. Food and Drug Administration, William D. Thanhauser, Associate Chief Counsel, Office of the Chief Counsel, U.S. Food and Drug Administration, Silver Spring, MD, of counsel, Brian M. Boynton, Principal Deputy Assistant Attorney General, Civil Division, Arun G. Rao, Deputy Assistant Attorney General, Civil Division, Gustav W. Eyler, Director, Consumer Protection Branch, Hilary K. Perkins, Assistant Director, Consumer Protection Branch, on the brief, David H. Hixson, Trial Attorney, Consumer Protection Branch, U.S. Department of Justice, Washington, D.C. For Amici Curiae 38 National and State Electronic Nicotine Delivery System Product Advocacy Associations, in support of Petitioner: J. Gregory Troutman, Troutman Law Office, PLLC, Louisville, KY. For Amici Curiae Dr. David B. Abrams, Clive D. Bates, and Professor David T. Sweanor, in support of Petitioner: Mary G. Bielaska, Zanicorn Legal PLLC, New York, NY. For Amici Curiae Medical and Public Health Groups, in support of Respondent: Shawn Naunton, Zuckerman Spaeder LLP, New York, NY.
    Case Number: 21-2426

    Denial of Application to Sell Flavored Nicotine Did Not Violate APA, Was in FDA Authority

  • Medley v. Garland

    Publication Date: 2023-06-22
    Practice Area: Immigration Law
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Denny Chin
    Attorneys: For plaintiff: For Petitioner: Zoe Levine, on the brief, Ryan Brewer, The Bronx Defenders, Bronx, New York.
    for defendant: For Respondent: Shelley R. Goad, Assistant Director, on the brief, Tim Ramnitz, Senior Litigation Counsel, for Brian Boynton, Assistant Attorney General Civil Division, U.S. Department of Justice, Washington, District of Columbia.
    Case Number: 20-3079

    Agency Had Jurisdiction Over Removal Proceedings; Regulatory Breaches Not Unconstitutional

  • U.S. v. Sandalo

    Publication Date: 2023-06-20
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Richard C. Wesley
    Attorneys: For plaintiff: For Appellee: Maria Del Pilar Gonzalez, Assistant United States Attorney, on the brief, Marc H. Silverman, Assistant United States Attorney, for Leonard C. Boyle, Acting United States Attorney for the District of Connecticut, New Haven, CT.
    for defendant: For Defendant-Appellant: Brian Edward King, Smith & King, LLC, Garden City, NY, on the brief, Matthew Brissenden, Matthew W. Brissenden, P.C., Garden City, NY.
    Case Number: 21-708-cr

    Defendant Not Entitled to 'Franks' Hearing; Search Warrant Did Not Lack Probable Cause

  • U.S. v. Lauria

    Publication Date: 2023-06-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Reena Raggi
    Attorneys: For plaintiff: For Appellee: Karl Metzner, Assistant United States Attorney, on the brief, Lindsey Keenan, Assistant United States Attorney, for Damian Williams, United States Attorney for the Southern District of New York, New York, NY.
    for defendant: For Defendant-Appellant: Zachary Segal, on the brief, Richard W. Levitt, Levitt & Kaizer, New York, NY.
    Case Number: 21-2598-cr

    Firearms Conviction Reversed, Vacated; Inevitable Discovery Doctrine Inapplicable

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    Lackawanna/Luzerne County Court Rules 2023

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  • U.S. v. Kunz

    Publication Date: 2023-05-31
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Gerard E. Lynch
    Attorneys: For plaintiff: For Appellee: Tiffany H. Lee, Assistant United States Attorney, for Trini E. Ross, United States Attorney for the Western District of New York, Buffalo, NY.
    for defendant: For Defendant-Appellant: Anne M. Burger, Federal Public Defender's Office, Western District of New York, Rochester, NY.
    Case Number: 21-2577-cr

    Special Conditions on Sex Offender's Computer Access, Internet Use Affirmed, Explained

  • Barnes v. City of New York

    Publication Date: 2023-05-26
    Practice Area: Civil Rights | Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit, U.S. - SDNY
    Judge: Circuit Judge Eunice C. Lee
    Attorneys: For plaintiff: For Plaintiff-Appellant: Tommy Barnes, pro se, Comstock, NY.
    for defendant: For Defendants-Appellees: Scott Shorr and Jesse A. Townsend, for Georgia M. Pestana, Corporation Counsel of the City of New York, New York, NY.
    Case Number: 21-33

    Prosecution on Fabricated Evidence May Be Liberty Deprivation for Fair Trial Due Process

  • The Ins. Co. of the State of Pennsylvania v. Equitas Ins. Ltd.

    Publication Date: 2023-05-26
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Gerard E. Lynch
    Attorneys: For plaintiff: For Plaintiff-Appellee: Andrew L. Poplinger, on the brief, Peter R. Chaffetz, Chaffetz Lindsey, LLP, New York, NY.
    for defendant: For Defendant-Appellant: Jill C. Anderson, Freeborn & Peters LLP, Chicago, IL, on the brief, Sean Thomas Keely, Freeborn & Peters LLP, New York, NY.
    Case Number: 20-3559-cv

    Policy Provides Coverage Coextensive With Insured's Obligations Thereunder

  • Souza v. Exotic Island Enters. Inc.

    Publication Date: 2023-05-25
    Practice Area: Personal Injury
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Gerard E. Lynch
    Attorneys: For plaintiff: For Plaintiffs-Appellants: John V. Golaszewski, Casas Law Firm, P.C., New York, NY.
    for defendant: For Defendants-Appellees: Michael Kolb, O'Connor & Partners, PLLC, Kingston, NY.
    Case Number: 21-2149-cv

    Dismissal of Models' False Endorsement, Advertising Claims Over Posts Upheld, Explained

  • Roberts v. Genting New York LLC

    Publication Date: 2023-05-19
    Practice Area: Employment Compliance | Employment Litigation | Labor Law
    Industry: Entertainment and Leisure | Food and Beverage | Hospitality and Lodging
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Denny Chin
    Attorneys: For plaintiff: For Plaintiffs-Appellants: Jesse C. Rose, Phillips & Associates PLLC, New York, New York.
    for defendant: For Defendant-Appellee: Jonathan M. Sabin, on the brief, Dana M. Susman, Kane Kessler, P.C., New York, New York. For Amicus Curiae United States of America: Brian M. Boynton, Principal Deputy Assistant Attorney General, Michael S. Raab, Catherine M. Padhi, Attorneys, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C.
    Case Number: 21-833-cv

    WARN Act Claims Dismissed in Error; Restaurant Was Distinct 'Operating Unit'