Kurzberg v. Ashcroft, No. 07-0542, involved an action by five Israeli nationals who were illegally present in the United States on September 11, 2001, concerning certain alleged particulars of their arrest on that day and their confinement thereafter at the Metropolitan Detention Center in Brooklyn. The court affirmed the dismissal of the action for failure [...]
Kurzberg v. Ashcroft, No. 07-0542, involved an action by five Israeli nationals who were illegally present in the United States on September 11, 2001, concerning certain alleged particulars of their arrest on that day and their confinement thereafter at the Metropolitan Detention Center in Brooklyn. The court affirmed the dismissal of the action for failure [...]
Kurzberg v. Ashcroft, No. 07-0542, involved an action by five Israeli nationals who were illegally present in the United States on September 11, 2001, concerning certain alleged particulars of their arrest on that day and their confinement thereafter at the Metropolitan Detention Center in Brooklyn. The court affirmed the dismissal of the action for failure [...]
In US v. Pfaff, No. 09-1702, a tax evasion prosecution, the court vacated the fine imposed on one defendant, holding that the district court plainly erred in imposing a fine, pursuant to 18 U.S.C. section 3571(d), based on the court’s finding that defendant caused a certain pecuniary loss, when that fine exceeded the maximum fine [...]
In US v. Pfaff, No. 09-1702, a tax evasion prosecution, the court vacated the fine imposed on one defendant, holding that the district court plainly erred in imposing a fine, pursuant to 18 U.S.C. section 3571(d), based on the court’s finding that defendant caused a certain pecuniary loss, when that fine exceeded the maximum fine [...]
In US v. Pfaff, No. 09-1702, a tax evasion prosecution, the court vacated the fine imposed on one defendant, holding that the district court plainly erred in imposing a fine, pursuant to 18 U.S.C. section 3571(d), based on the court’s finding that defendant caused a certain pecuniary loss, when that fine exceeded the maximum fine [...]
In Re: Zarnel, No. 07-0090, involved an appeal from a district court’s order dismissing a bankruptcy trustee’s appeal for lack of standing and in the alternative affirming the bankruptcy court’s decision to strike the bankruptcy petitions filed by respondents rather than to dismiss their cases. The court vacated the order on the grounds that 1) [...]
Southern New England Tel. Co. v. Global Naps Inc., No. 08-4518, involved an action by a telephone company seeking payment for services rendered pursuant to its federal tariff. The court affirmed summary judgment for plaintiff, a civil contempt order entered against defendant, and a default judgment entered against defendants for failure to comply with discovery [...]
Bessemer Trust Co., N.A. v. Branin, No. 08-2462, involved an action alleging that defendant illegally solicited his former clients at plaintiff. The Second Circuit certified the following question to the New York Court of Appeals: “What degree of participation in a new employer’s solicitation of a former employer’s client by a voluntary seller of that client’s [...]
GSI Commerce Solutions, Inc. v. BabyCenter, L.L.C., No. 09-2790, involved petitioner’s appeal from the district court’s order granting a motion to disqualify petitioner’s counsel. The court affirmed on the ground that counsel represented respondent’s parent company, respondent and the parent company were so closely related that they were essentially one client for disqualification purposes, and [...]