• Matter of Motors Liquidation Co. v. General Motors LLC

    Publication Date: 2019-12-03
    Practice Area: Bankruptcy | Contractual Disputes | Damages
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Dennis Jacobs
    Attorneys: For plaintiff: For Appellants: Gregory W. Fox, William P. Weintraub (on the Brief), Goodwin Procter LLP, New York, New York.
    for defendant: For Appellees: Richard C. Godfrey, Andrew B. Bloomer (on the Brief), Kirkland & Ellis LLP, Chicago, Illinois. Erin E. Murphy, C. Harker Rhodes IV (on the Brief), Kirkland & Ellis LLP, Washington, District of Columbia. Arthur J. Steinberg, David M. Fine, Scott I. Davidson (on the Brief), King & Spalding LLP, New York, New York.

    Case Number: 18-1940

    New GM Did Not Contractually Assume Claims for Punitive Damages Based on Old GM's Conduct

  • Kelleher v. Fred A. Cook Inc.

    Publication Date: 2019-10-01
    Practice Area: Employment Litigation
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Dennis Jacobs
    Attorneys: For plaintiff: For the Appellant: Stephen Bergstein, Bergstein & Ullrich, LLP, New Paltz, NY.
    for defendant: For the Appellee: David J. Grech, on the brief, Mercedes Colwin, Gordon Rees Scully Mansukhani, LLP, New York, NY.

    Case Number: 18-2385

    Fired Worker Stated Claim for Associational Discrimination Under ADA Over Daughter

  • Scrimo v. Lee

    Publication Date: 2019-08-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Dennis Jacobs
    Attorneys: For plaintiff: For the Petitioner: Randall D. Unger, Bayside, NY.
    for defendant: For the Respondent: Tammy J. Smiley, Judith R. Sternberg, and Ilisa T. Fleischer, Assistant District Attorneys, on the brief, Cristin Connell, Assistant District Attorney, for Madeline Singas, District Attorney For Nassau County, Mineola, NY.

    Case Number: 17-3434

    Court's Exclusion of Witnesses Violated Defendant's Right to Present Complete Defense

  • U.S. v. Parkins

    Publication Date: 2019-08-23
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Dennis Jacobs
    Attorneys: For plaintiff: For the Appellee: Daniel B. Tehrani, Assistant United States Attorney, on the brief, David Abramowicz, Assistant United States Attorney, for Geoffrey S. Berman, United States Attorney for the Southern District of New York, New York, NY.
    for defendant: For the Defendant-Appellant: Daniel Habib, Federal Defenders of New York, Inc., New York, NY.

    Case Number: 18-1019

    695-Hour Community Service Condition Violates Policy, Is Unrelated to Sentencing Factors

  • Borenstein v. Comm'r of Internal Revenue

    Publication Date: 2019-04-08
    Practice Area: Administrative Law | Tax
    Industry: Federal Government
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Dennis Jacobs
    Attorneys: For plaintiff: For Petitioner‐Appellant: Kendall C. Jones, Eversheds Sutherland (US) LLP, Washington, D.C.
    for defendant: For Respondent‐Appellee: Richard E. Zuckerman, Principal Deputy Assistant Attorney General; Joan I. Oppenheimer, Tax Division, on the brief, Ivan C. Dale, Tax Division, United States Department of Justice, Washington, D.C. For Amici Curiae Federal Tax Clinic at the Legal Services Center of Harvard Law School, Philip C. Cook Low‐Income Taxpayer Clinic, in support of Petitioner‐Appellant: Simona Altshuler, on the brief, T. Keith Fogg, Federal Tax Clinic at the Legal Services Center of Harvard Law School, Jamaica Plain, MA; W. Edward Afield, Philip C. Cook Low‐Income Taxpayer Clinic, Atlanta, GA.

    Case Number: 17-3900

    Statutory Phrase Extended 'Look Back' to Due Date, Allowing Tax Overpayment's Recovery

  • Barikyan v. Barr

    Publication Date: 2019-03-08
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Dennis Jacobs
    Attorneys: For plaintiff: For the Petitioner: Benjamin R. Winograd, Immigrant & Refugee Appellate Center, LLC, Alexandria, VA
    for defendant: For the Respondent: Joseph H. Hunt, Assistant Attorney General; Anthony C. Payne, Assistant Director, Office of Immigration Litigation; Liza S. Murcia, Attorney, United States Department of Justice, Washington, D.C.

    Case Number: 18-14-cr

    Conspiracy to Commit Money Laundering Is Aggravated Felony Under 8 USC §1101(a)(43)(D)

  • Chunn v. Amtrak

    Publication Date: 2019-02-27
    Practice Area: Civil Rights
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Dennis Jacobs
    Attorneys: For plaintiff: For the Plaintiff-Appellant: Christopher Chunn, pro se, Coxsackie, NY.
    for defendant: For the Defendants-Appellees: Willaim G. Ballaine, Tina S. Bhatt, Theresa A. Frame, Landman Corsi Ballaine & Ford P.C., New York, NY.

    Case Number: 17-3617-cv

    Noteworthy

  • Muschette v. Gionfriddo

    Publication Date: 2018-12-24
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Dennis Jacobs
    Attorneys: For plaintiff: For the Plaintiff‐Appellee: Andrew Rozynski, Eisenberg & Baum LLP, New York, NY.
    for defendant: For the Defendant‐Appellant: with Dennis M. Durao on the brief, Scott M. Karsten, Karsten & Tallberg, LLC, Rocky Hill, CT.

    Case Number: 17-3817-cv

    Officer Entitled to Immunity in Tasing Deaf Student Who Disregarded Instructions in ASL

  • U.S. v. Lutchman

    Publication Date: 2018-12-12
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Dennis Jacobs
    Attorneys: For plaintiff: For Appellee: James P. Kennedy, Jr., U.S. Atty., Tiffany H. Lee, Asst. U.S. Atty., Rochester, NY, on the brief, Brett A. Harvey, Asst. U.S. Atty., Rochester, NY.
    for defendant: For Defendant‐Appellant: Allegra Glashausser, Federal Defenders of New York, Inc., New York, NY.

    Case Number: 17-291

    Appeal Waiver Lacked Consideration But Offense Level Reduction Would Not Impact Sentence

  • U.S. v. Sawyer

    Publication Date: 2018-11-01
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Dennis Jacobs
    Attorneys: For plaintiff: For Appellee: Lisa M. Fletcher and Michael D. Gadarian, Assistant United States Attorneys, on the brief, Steven D. Clymer, Assistant United States Attorney, for Grant C. Jaquith, United States Attorney for the Northern District of New York, New York, N.Y.
    for defendant: For Defendant‐Appellant: Bruce R. Bryan, Syracuse, N.Y.

    Case Number: 15-2276-cr

    25-Year Term Upheld; Court Complied With Circuit Order to Significantly Reduce Sentence