U.S. Second Circuit: January 2012 Archives
U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

January 2012 Archives

Does Anti-Abortion Disclosure Law Violate Free Speech Rights?

Pro-Life advocates and New York City verbally sparred before the Second Circuit Court of Appeals on Monday over New York City Local Law 17. District Judge William Pauley struck the law as unconstitutionally vague last year.

New York City Mayor Michael Bloomberg signed the law to address concerns that some pregnancy services centers in the city engaged in deceptive practices, misleading consumers about the services or goods that provided and referrals to third-party providers.

Local Law 17 required crisis-pregnancy centers to disclose whether or not they performed abortions or gave referrals for them, if they had a medical professional on the premises, and if emergency contraception and prenatal services were offered, reports The New York Post.

Louboutin Trademark Appeal Has Fashion Set Seeing Red

The Second Circuit Court of Appeals heard arguments this week in the Christian Louboutin-YSL trademark appeal, once again raising the issue of whether a designer can trademark a color.

When U.S. District Judge Vincent Marrero ruled in August that a color cannot be protected, Louboutin, a 20-year veteran of the footwear industry, vowed to “fight like hell” for his sole.

He has lived up to that promise.

Comity of Errors: Second Circuit Reverses Chevron Ruling

Federal judges have considerable power, but their influence wanes beyond U.S. borders.

The Second Circuit Court of Appeals ruled today that U.S. District Judge Lewis A. Kaplan "overstepped his authority" when he tried to block enforcement of an $18 billion judgment against Chevron worldwide, reports The Washington Post.

Court Rejects Ineffective Counsel Claim, Finds Sufficient Evidence

The Second Circuit Court of Appeals denied a second-degree murder appellant's ineffective counsel appeal on Monday, finding that the lawyer's failure to preserve a claim of insufficiency at the trial level did not prejudice the appellant because there was sufficient evidence to support his conviction.

Appellant Clay Parker was tried in the Albany County Court on a "twin indictment" alleging two counts of second-degree murder, one count for intentional murder and one count for depraved-indifference murder.

Will Judge Rakoff Be Represented in Second Cir. Citigroup Appeal?

Does Judge Jed Rakoff have a Prop 8 problem?

In November, Judge Rakoff blocked a Securities and Exchange Commission (SEC) settlement with Citigroup over a mortgage-bond deal because the SEC didn't provide the court with facts "upon which to exercise even a modest degree of independent judgment." Rakoff criticized the $285 million settlement as "pocket change" and claimed that there should have been a Citigroup admission of facts in the case because "there is an overriding public interest in knowing the truth."

Motion to Suppress Denied: Court OKs Warrantless Search

“Reformed” wrong-doers fighting felon in possession of a firearm charges shouldn't expect the Second Circuit Court of Appeals to lend a sympathetic ear to their appellate plight.

Last week, the Second Circuit reversed a district court evidence suppression decision, finding that a parole officer's warrantless search of a storage facility adjacent to a parolee's home was proper under the "special needs" exception to the Fourth Amendment.

Escape is a Violent Felony Under Armed Career Criminal Act

The Armed Career Criminal Act (ACCA) rewards those who are committed to a life of violent crime with longer prison penalties. The courts, however, often grapple with how to apply the Act.

This week, the Second Circuit Court of Appeals addressed the scope of predicate, “violent” offenses under the ACCA, and decided escaping custody qualifies as a violent crime.

Prejudicial Error: Refco Lawyer Joseph Collins Wins New Trial

The Second Circuit Court of Appeals granted Joseph Collins a new trial today, finding that a U.S. District Judge Robert Patterson committed prejudicial error when he failed to disclose the contents of a jury note and engaged in an ex-parte colloquy with a juror accused of attempting to barter his vote.

Collins was convicted of conspiracy, securities fraud, and wire fraud, and sentenced to seven years for his alleged role in a Refco, Inc. multi-billion dollar fraud scam.

Aaron Wong Wins Racial Discrimination Lawsuit Against Attacker

Stick and stones will break your bones, but racial slurs will cost you.

Last month, the Second Circuit Court of Appeals upheld a $200,000 verdict in a racial discrimination lawsuit against a former police officer, who both verbally and physically attacked an African-American driver. (Brief thanks to Wait a Second! for bringing this case to our attention.)

Second Circuit Clarifies 90-Day Limitation on EEOC Claims

If you’re planning to kick off the New Year by filing a disability discrimination claim in a Second Circuit Court of Appeals feeder court, make sure your claim isn’t time-barred.

Last month, the Second Circuit clarified the receipt requirements of the 90-day filing limitation for equal employment claims in Tiberio v. Allergy Asthma Immunology of Rochester.