• Seneca Nation of Indians v. State of New York

    Publication Date: 2021-02-26
    Practice Area: Contractual Disputes | Dispute Resolution | Native American Law
    Industry: Entertainment and Leisure | State and Local Government
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Rosemary Pooler
    Attorneys: For plaintiff: For Plaintiff-Appellant Seneca Nation of Indians: Riyaz A. Kanji, Kanji & Katzen PLLC, Ann Arbor, MI.
    for defendant: For Plaintiff-Appellant Seneca Nation of Indians: on the brief, Carol E. Heckman, Carson R. Cooper, Lippes Mathias Wexler Friedman LLP, Buffalo, NY. For Defendant-Appellee State of New York: Matthew L. Nicholson, Lauri Kai, on the brief, Gregory M. Starner, White & Case LLP, New York, NY.

    Case Number: 19-4022-cv

    Panel's Interpretation of 2002 Compact Was Not Subject to Interior Secretary's Approval

  • New York Law Journal | News

    Class Action Suits Against Brooklyn Landlords Allege Free-Rent Scheme 'Hoodwinked' Tenants and NY State

    October 30, 2020

    Newman Ferrara partner Lucas Ferrara said he's exposing a form of "cheating" by residential property owners that may affect thousands of tenants citywide.

  • New York Law Journal | Analysis

    Court Examines Powers of Law Enforcement When Acting Outside Jurisdiction in Traffic Stop

    July 21, 2020

    In their New York Court of Appeals Roundup, Neuner and Russell review a recent decision in which the Court of Appeals examined the powers of law enforcement officers acting outside the scope of their jurisdiction to stop a vehicle for traffic violations and effectively conduct an "arrest."

  • New York Law Journal | Analysis

    Compliance With Election Law Requirements Still Important During Pandemic

    June 16, 2020

    In their New York Court of Appeals Roundup, Neuner and Russell review two recent rulings (involving late-filed documents and allegedly back-dated signatures on a petition) indicating that the court will continue to demand strict compliance with election law requirements.

  • Sloley v. VanBramer

    Publication Date: 2019-12-19
    Practice Area: Civil Rights | Criminal Law
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Rosemary Pooler
    Attorneys: For plaintiff: For Plaintiff-Appellant Maxmillian Sloley: Janet A. Gochman, on the brief, Jonathan K. Youngwood, Simpson Thacher & Bartlett LLP, New York, NY.
    for defendant: For Defendants-Appellees Eric VanBramer and Bryan VanBramer: Barbara D. Underwood, Solicitor General, Victor, Paladino, Assistant Solicitor General, on the brief, Jonathan D. Hitsous, Assistant Solicitor General, for Letitia James, Attorney General of the State of New, York, Albany, NY.

    Case Number: 16-4213

    'Hunch' Defendant Hid Drugs in Anus Did Not Provide Suspicion for Body Cavity Search

  • New York Law Journal | Analysis

    Scanned Ballots Protected From Disclosure: 'Matter of Kosmider'

    July 16, 2019

    In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'In the Matter of Kosmider v. Whitney', in which the Court of Appeals determined that there is no basis to distinguish between scanned images and paper ballots under Election Law §3-222, which restricts the disclosure of ballots for the two years after an election.

  • The Legal Intelligencer | News

    Court Hears Arguments on Absentee Voting Deadline

    June 7, 2019

    The Commonwealth Court heard its first arguments June 5 in a constitutional challenge to Pennsylvania's absentee voting deadline, considering defense motions to dismiss parts of the lawsuit filed by nine voters who said that in November 2018, they were unable to return completed ballots in advance of the deadline, the Friday before the election.

  • Charles v. Orange County

    Publication Date: 2019-05-31
    Practice Area: Civil Rights
    Industry: Health Care | State and Local Government
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Gerard Lynch
    Attorneys: For plaintiff: For Plaintiffs-Appellants Michelet Charles and Carol Small: Thomas C. Rice, Simpson Thacher & Bartlett LLP, on the brief, Daniel J. Stujenske, Simpson Thacher & Bartlett LLP, New York, NY, Laura F. Redman, Antony P. F. Gemmell, New York Lawyers for the Public Interest, New York, NY.
    for defendant: For Defendants-Appellees Orange County, State of New York, Orange County Sheriff's Department, Orange County Department of Mental Health and Carmen Elizondo, Former Clinic Director, Orange County Correctional Facility, in her individual capacity: Anthony Cardoso, Orange County Attorney's Office, Goshen, NY. For Amici Curiae American Psychiatric Association, American Academy of Psychiatry and the Law, American Psychological Association, American Medical Association, National Association of Social Workers, American Public Health Association, and Judge David L. Bazelon Center for Mental Health Law, in support of Plaintiffs-Appellants: Ira A. Burnim, Judge David C. Bazelon Center for Mental Health Law, Washington, DC, on the brief, Aaron M. Panner, Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Washington, DC. For Amici Curiae The Bronx Defenders, Brooklyn Defender Services, Community Initiatives for Visiting Immigrants in Confinement, Detention Watch Network, The Florida Justice Institute, Inc., Human Rights First, Immigrant Defense Project, The Immigrant Rights Clinic of Washington Square Legal Services, Inc., at NYU Law School, the Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law, The Legal Aid Society of New York, The Prison Law Office, Prisoners' Legal Services of New York, and the Urban Justice Center Mental Health Project, in support of Plaintiffs-Appellants: Jamie A. Levitt, Morrison & Foerster LLP, New York, NY. For Amicus Curiae New York State Sheriffs' Association, in support of Defendants-Appellees: Alexander M. Wilson, New York State Sheriffs' Association, Albany, NY.

    Case Number: 17-3506-pr

    Civil Detainees Alleged Discharge Planning an Essential Part of Their In-Custody Care

  • New York Law Journal | News

    Immigrant Detainees' Lawsuit Over Mental Health Discharge Planning Revived by 2nd Circuit Rules

    May 24, 2019

    When both plaintiffs were released from jail after successfully avoiding deportation, neither was given their medication or any post-release treatment plan, the lawsuit claimed.

  • New Jersey Law Journal | News

    De Blasio Counsel Picked for NJ Consumer Affairs Director

    March 28, 2018

    Paul Rodriguez, a New Jersey native, currently advises de Blasio on legal, management and policy objectives.