The Second Circuit Court of Appeals has proposed two new Second Circuit rules, and you have until April 11, 2012 to tell the court what you think of them.
The new rules require disclosure of attorney assistance with court filings, and detail the procedure for appeals of district court attorney discipline orders.
The Second Circuit Court of Appeals ruled this week that two provisions of Rule 7.4 of the New York Rules of Professional Conduct are invalid.
Buffalo attorney J. Michael Hayes challenged the provisions, which mandated disclaimers for attorneys who advertised as legal specialists in various fields, arguing that the disclaimer requirement was unconstitutionally vague and violated his free speech rights.
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.
As another year comes to an end, we tend to indulge in introspective moments. We analyze our successes and failures, make resolutions anew, and inevitably end up humming David Bowie’s Changes. (As you may recall, some of us around here love David Bowie.)
And handily enough, ch-ch-ch-ch-changes are coming to the Second Circuit Court of Appeals starting January 3, 2012. The Second Circuit will begin using Pay.gov to accept electronic payment from attorneys for various fees that are charged and collected by the court.
First, let’s discuss how that applies to keeping you in front of the court.
It’s a new week with a new rule in the Second Circuit Court of Appeals.
Interim Local Rule 3.1, regarding service of notice of appeal, became effective over the weekend on October 15.
The interim rule states: If a party to a civil action in the district court files a notice of appeal electronically in accordance with the Federal Rules of Civil Procedure and the district court’s local rules, the district clerk may satisfy the service requirements of Federal Rule of Appellate Procedure (FRAP) 3(d) as to a counseled party to the appeal by effecting service electronically.
Law firms representing 200 customers cheated by Bernard L. Madoff Investment Securities Inc. (BLMIS) filed papers in the Second Circuit Court of Appeals last week requesting a full court rehearing in In Re: Bernard L. Madoff Inv. Sec., LLC.
In August, a three-judge panel affirmed a bankruptcy judge's decision to disregard the Madoff victims' falsified account statements in calculating recovery from the customer property fund.
Irving Picard, the trustee for liquidation of BLMIS, argued that the customer statements do not reflect "securities positions" that could be "liquidated" because the account statements were wholly the invention of Madoff and do not reflect actual securities positions.
