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

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The National Rifle Association's lawsuit against New York's Governor Cuomo will be allowed to proceed after the state failed to get the entire case tossed out.

According to the recent Decision and Order, issued by the Northern District of New York federal court, the NRA's case meets the initial pleading threshold requirements to state a case against the governor for pressuring banks, insurers, and other regulated industries, to not do business with the divisive organization.

The members of the epic band Lynyrd Skynyrd may have taken a blood oath to never use the name Lynyrd Skynyrd again, but the Second Circuit Court of Appeals just ruled that their blood oath isn't strong enough to stop the Lynyrd Skynyrd movie, Street Survivors: The True Story of the Lynyrd Skynyrd Plane Crash, from being distributed and released.

The district court ruled that the filmmaker could not release the film because it had partnered with one of the original members, Artimus Pyle, who had taken the blood oath. As reported, the court explained that but for his blood oath (i.e. making a deal prohibiting him from doing anything with the name Lynyrd Skynyrd), the filmmaker would have been "as free as a bird" to do so.

NY Sues to Dismantle Trump's Charitable Foundation

New York's attorney general says President Trump used his charitable foundation like it was his personal checkbook, including $10,000 he paid from the foundation for a painting of himself.

In People of the State of New York v. Trump, the state alleges Trump wrote a check for $100,000 to settle a zoning dispute for his Mar-a-Lago club. The attorney general is suing to recover $2.8 million in restitution and fines for years of illegal transactions.

The Trump Organization denies the allegations, but one thing seems clear. There was no collusion because Trump signed all the checks himself.

Underwood Approved as Interim NY Attorney General

For Barbara Underwood, her appointment as New York's acting attorney general must have been a pleasure and a pain.

One week, she was sworn in as the first woman to hold the post. The next week, legislators were interviewing other candidates for the permanent job.

That's because the governor named Underwood to replace Eric Schneiderman, who recently resigned in disgrace. Now the legislature has voted to have her fill out his term.

The defamation lawsuit filed in the federal Southern District Court of New York by former Alaska governor Sarah Palin against the New York Times has been dismissed.

Judge Jed Rakoff noted that Palin's case failed to adequately make a showing of actual malice to support the public figure defamation claim. Significantly, the case may be ripe for appeal to the Second Circuit because the dismissal was with prejudice as it came after an evidentiary hearing on the issue of malice.

But based on the opinion of the lower court, there may not be much wiggle room for reversal.

Chevron Escapes $9.5 Billion 'Amazon Chernobyl' Judgment

Energy giant Chevron can breathe a little easier after the Second Circuit overruled a lower court award of $9.5 billion, finding that the judgment was "procured by corrupt means" and attorney fraud. It's a gigantic win for a gigantic company that has the potential to set the tone for international business litigation strategies.

The attorney who is at the center of this reversal-slash-scandal is Steven Donzinger whom Chevron accused of conducting a "shake-down" of the company. Donzinger's lawyer called the circuit's decision "unprecedented."

A $7.25 billion antitrust settlement between credit card companies and 12 million merchants was nixed by the Second Circuit last week. For over ten years, merchants had pursued a class action antitrust suit against Visa and MasterCard, alleging that they abused their market power to force unfair fees on businesses that accepted credit cards.

The proposed settlement would have provided those merchants billions in relief, while also preventing those merchants from bringing future challenges to the credit card companies' policies in perpetuity, leading the Second Circuit rule that the settlement was unreasonable and inadequate and that many of the merchants had been inadequately represented.

WWII Vet Writes 2nd Cir., Reprimands the Panel Over 'Deflategate'

The Deflategate scandal is beginning to strike some as getting a little long in the tooth, particularly owing to the fact that the entire scandal revolves around the PSI of a football, but it looks like it will continue on. While probably everyone is tired of this scandal, no one is quite as frustrated as Warren B. Lessing, a 93-year-old WWII vet who reprimanded the Second Circuit for adding grease to a fire.

The tone of Lessing's letter to the court can be summed up with this very direct question: "Don't you have anything more important to do?"

James Haber and his tax shelter boutique, Diversified Group Inc, were fined $25 million by the Internal Revenue Service for their alleged failure to register offshore tax shelters. Haber handed over $18,370 and his company paid out $15,500, and that was it. To collect the significant balance remaining, the IRS turned to assets controlled by Haber's wife, Jill.

Haber sued, contesting the administrative summons issued by the IRS to Ms. Haber's bank. But, the Second Circuit ruled last Friday, that summons was well within the Service's power, allowing the IRS investigation into Haber's wife to continue ahead.

Tom Brady Must Be Punished for Deflategate, Says 2nd Circuit

The Second Circuit's Court of Appeals weighed in on the Deflategate controversy and decided that a reinstatement of a four-game suspension against Tom Brady was the proper route. Brady had earlier petitioned a lower district court ruling on due process grounds.

No surprise, the news was met with nodding approval by NFL Commissioner Roger Goodell who fast-tracked proceedings against Brady that led to the player's suspension.