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

August 2011 Archives

Court Upholds Robert Simels Witness Tampering Conviction

Threatening witnesses is a bad idea, even if you hang out with mobsters. And Robert Simels should have known that. He is, after all, an attorney.

The Second Circuit Court of Appeals upheld Simels's witness tampering conviction in August, two years after his 2009 trial for bribing and threatening witnesses to prevent them from testifying against a client's drug gang.

New York Attorneys: Got Hurricane Plan?

Hurricane Irene may be in New York City as early as Sunday evening. New Yorkers, already shaken by this week’s earthquake, are nervously facing another natural disaster.

In the path of one more of nature’s little challenges, please note that if you need to contact the Second Circuit, they provide emergency information on the court’s website and remind practitioners that they can get updated information on the operating status of the court by tuning into 1010 WINS on the AM dial and on WCBS (2), WNBC (4), WABC (7) and WNEW (5).

Second Circuit Reinstates Prison Sex Abuse Lawsuit

The Second Circuit Court of Appeals has reinstated a prison sex abuse lawsuit brought by female prisoners against the New York Department of Correctional Services (DOCS) alleging that guards in the state's prisons violated prisoners' civil rights.

The court found that District Judge Kevin Duffy erred in dismissing the case, Amador v. Superintendents of Dep't of Corr. Servs, on the grounds that the plaintiffs lacked standing due to subsequent release.

Three of the remaining plaintiffs who have exhausted their administrative remedies through the Prison Litigation Reform Act (PLRA) will be permitted to proceed with their suit in federal court.

Hiring Notice: Northern New York Federal Public Defender

Looking for a new job?

The Second Circuit Court of Appeals is advertising an opening for a Federal Public Defender for the Northern District of New York.

The Northern New York Federal Public Defender's office provides legal representation to persons financially unable to retain counsel in federal criminal and related proceedings. Representation includes counsel and investigative, expert and other services.

Designer to Appeal Louboutin YSL Red-Soled Shoes Decision

For the shoe-obsessed, it may be the most important case to ever be heard in court. Ever.

Last week, Judge Vincent Marrero denied Christian Louboutin's motion for a preliminary injunction to halt production of Yves Saint Laurent's (YSL) Resort 2011 all-red shoes. In his opinion, Marrero explained, "Because in the fashion industry color serves ornamental and aesthetic functions vital to robust competition, the Court finds that Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection even if it has gained enough public recognition in the market to have acquired secondary meaning."

Louboutin, who has been making red soled shoes for almost 20 years, announced today that he will "fight like hell" in the Second Circuit Court of Appeals to protect his trademarked red soles, reports Vogue UK.

So what's at stake?

NYC CLE: Affidavits in Lieu of Direct Testimony on Sept. 20

The New York State-Federal Judicial Council, the Second Circuit Judicial Council and the New York County Lawyers’ Association (NYCLA) are co-sponsoring a first-of-its-kind CLE program on the use of affidavits in lieu of direct testimony at bench trials.

This NYC CLE program, on September 20 from 6:00 to 8:00 p.m. in the Ceremonial Courtroom of the Daniel Patrick Moynihan United States Courthouse at 500 Pearl Street in Manhattan, is free for attorneys who are admitted to practice in the State of New York.

No Automatic Miranda Warnings Trigger in Border Stop

You remember the days of fake IDs. Not that you ever had one; you've always been a law abiding citizen. But your friends; oh, the stories you could tell! The key to the fake ID, for those who had one, was to avoid showing it to the cops.

Today's defendant, Fake Sandra Calzada (Fake SC) did not receive that memo.

2nd Circuit Upholds Sentence Despite Sentencing Guidelines Error

Psychiatry didn't provide the income and challenge he expected, so Jerome Feldman, once a practicing psychiatrist, made the leap into an entrepreneurial marketing career that would allow him to travel to exotic locales.

The marketing gig? Feldman's own website, www.liver4you.org, which fraudulently promised to provide critically ill patients liver or kidney transplants for $65,000 to $130,000.

Travel hot spot? Feldman initially fled the United States with Medicare fraud funds to live in the Philippines. After he was located in the Philippines, he received an all-expense paid trip back home.