US v. Navas, No. 09-1144, involved a drug conspiracy prosecution in which the district court suppressed narcotics seized by law enforcement officers during a warrantless search of a trailer.
As Circuit Judtge Wesley noted in the the court of appeals opinion: “This appeal concerns a trailer, unhitched from its cab and parked in a warehouse. The district court [...]
The Second Circuit decided one case concerning the intersection of federal Indian law and tax law, and another involving attorney discipline.
New York v. Golden Feather Smoke Shop, Inc., No. 09-3942, involved an appeal from a preliminary injunction prohibiting the sale of untaxed cigarettes other than to members of the Unkechauge Nation for their personal use. [...]
The Second Circuit decided one case concerning the intersection of federal Indian law and tax law, and another involving attorney discipline.
New York v. Golden Feather Smoke Shop, Inc., No. 09-3942, involved an appeal from a preliminary injunction prohibiting the sale of untaxed cigarettes other than to members of the Unkechauge Nation for their personal use. [...]
Herrera-Molina v. Holder, No. 07-0985, involved a petition for review of a February 23, 2007 decision of the United States Department of Homeland Security, Immigration and Customs Enforcement (”ICE”), reinstating a prior order of deportation.
As the court of appeals wrote: “Petitioner William Herrera-Molina seeks review of a February 2007 decision of the United States Department [...]
Herrera-Molina v. Holder, No. 07-0985, involved a petition for review of a February 23, 2007 decision of the United States Department of Homeland Security, Immigration and Customs Enforcement (”ICE”), reinstating a prior order of deportation.
As the court of appeals wrote: “Petitioner William Herrera-Molina seeks review of a February 2007 decision of the United States Department [...]
The Second Circuit decided cases concerning banking law, prisoner litigation, sex discrimination and immigration.
Vega v. Lantz, No. 08-4748, involved a 42 U.S.C. section 1983 action claiming that plaintiff-inmate was improperly labeled as a sex offender in violation of the Due Process Clause. The Second Circuit reversed summary judgment for plaintiff, holding that: 1) while it [...]
The Second Circuit heard two petitions for review of Board of Immigration Appeals decisions, and one criminal appeal.
De La Rosa v. Holder, 09-3099, involved a petition for review of the BIA’s order denying petitioner’s application for deferral of removal under the Convention Against Torture. The court of appeals granted the petition, holding that: 1) the [...]
Niagara Mohawk Power Assn. v. Chevron U.S.A., Inc., No. 08-3843, involved an action to recover costs pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The district court granted summary judgment for defendant.
As the court of appeals wrote: “At the center of this dispute is a contaminated site in Troy, New York — [...]
Perkins v. Herbert, No. 08-1490, involved the government’s appeal from the conditional grant of petitioner’s habeas petition in a robbery prosecution.
As the court of appeals wrote: “On direct appeal following his conviction, Perkins asserted a constitutional challenge under the Confrontation Clause of the Sixth Amendment, arguing that the trial court erred in admitting the Grand [...]
In one of the appeals decided today, the Second Circuit dealt with an alleged
breach of an indenture.
In Law Debenture Trust Co. v. Maverick Tube Corp., No. 08-5668,
plaintiff noteholders in defendant corporation sued for breach of
contract and unjust enrichment based on defendant’s refusal to allow
certain noteholders to convert their notes to cash and stock following
the acquisition [...]