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

December 2017 Archives

Court Affirms Child Porn Conviction Against Former Bank Executive

Charles Familetti, Jr. had serious problems before federal officers walked into his apartment.

Familetti was waiting for an 11-year-old boy to arrive and have sex with him. When an FBI task force showed up instead, Familetti had a panic attack.

They settled him down, said he could leave, but asked for his help finding people "who are raping children." Familetti agreed, and that's when his legal problems started in United States of America v. Familetti.

NY Flight Attendant Charged With Smuggling Large Sums of Cash

Jackie was smuggling money on flights for Ordell, but he was balking at her 15 percent "management" fee.

Manager's get 10 percent, Ordell said. "No, that's an agent," Jackie retorted. "Manager gets 15 percent."

Oh, you saw that movie? Maybe Scott McKinney saw it, too, because he got busted for smuggling money on commercial airlines. Only, McKinney's not getting a management fee. He's probably getting five years.

The Wang v. Hearst case has been closely watched over the past several years as the courts worked to define when an unpaid internship violated the FLSA.

As one of the major fashion media corporations, Hearst was upfront in seeking out the unpaid interns, but the case erupted after some of those interns felt that Hearst was getting the better end of the bargain. Unfortunately for the interns, the law surrounding unpaid internships is anything but certain. And sadly for those interns, in providing some certainty on the law, the Second Circuit Court of Appeals upheld the dismissal of their action against Hearst on summary judgment, finding that none of the plaintiff interns were employees.

A small group of plaintiffs are all breathing a collective sigh of relief thanks to a recent Second Circuit decision vacating the dismissal of their case. The case was dismissed sua sponte by the federal district court after the plaintiffs' attorney failed to show up on time for a pretrial conference.

After waiting just under half an hour for the late lawyer to show, the lower court dismissed the matter with prejudice, despite the fact that the case was through discovery and motions and basically ready for trial. The attorney on the matter, a solo practitioner, had tried to attend three different hearings all in different courthouses all in one morning. Clearly, it did not work out for him, even though the plaintiffs did prevail in this appeal.

The Second Circuit Court of Appeals has reversed the dismissal of a potential class action lawsuit related to Capital One's practice of charging "overdraft fees." Fortunately for the credit giant, only the breach of contract claim and one other statutory claim under New York law were revived.

The plaintiff in the case alleges that the contractual agreement and the bank's actual practices do not line up, which results in customers being unfairly charged overdraft fees. However, despite this win on appeal, the case is far from over as the plaintiff, Tawanna Roberts, will still need to proceed through litigation and trial.