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

October 2017 Archives

Courts Hand Feds a Win on DACA

Balancing hundreds of thousands of documents against hundreds of thousands of undocumented immigrants, two federal appeals courts came down the same way.

For now, the U.S. Second Circuit Court of Appeals and the U.S. Ninth Circuit Court of Appeals say the immigrants and their attorneys will have to wait for their documents. The appeals courts stayed district court orders for production of records about the federal government's decision to undo the Deferred Action for Childhood Arrivals.

The cases will proceed, but only after the Justice Department gets a chance to breathe. A top federal attorney said the discovery burden was just too much.

Court Rejects Hedge Funder Case Against U.S. Attorney

David Ganek, who ran a $4 billion hedge fund, would have you believe this is a day that will live in infamy.

With his lawsuit thrown out by a federal appeals court, Ganek appealed to the court of public opinion. He said government agents -- including former U.S. Attorney Preet Bahara -- lied to get a search warrant of his offices.

"This is a dangerous day for private citizens and a great day for ambitious, attention-seeking prosecutors who are now being rewarded with total immunity even when they lie and leak," Ganek said in a statement.

He was half right, anyway.

2nd Cir. Decides Sailing Injury Res Ipsa Loquitur

'Anchors aweigh!'

It's the march song of the United States Navy and also a call to sailors that a ship is underway. But even as anchors clear the sea bottom, maneuvers begin above like a ballet in a foreign language.

On a classic sailboat, deck hands make halyards whir, winches whine and blocks groan. The only meaningful word to unschooled passengers is "boom."

In the vernacular, that's what happened to Charis Tagle aboard the schooner Shearwater. She got hit in the head when a halyard swung across the foredeck and struck her with a pelican clip.