2nd Circuit Court

New York AG Pension Probe Focuses on 12 Attorneys from 1 Law Firm

Updated: At least a dozen present and former attorneys at an Albany, N.Y., law firm are now reportedly being investigated by the state attorney general as part of an ongoing pension scandal probe. The 12 allegedly may have received improper credits in the state’s pension system because they were listed…

Apr 24, 2008 3:24 PM CDT

Ex-EPA Chief Not Liable for Clean Air Assurances After 9/11

The 2nd U.S. Circuit Court of Appeals has ruled today that former EPA head Christine Todd Whitman cannot be held liable for saying that the air near the collapsed World Trade Center site was safe to breathe after the 9/11 attacks. Whitman made the reassuring remarks after getting conflicting information…

Apr 22, 2008 4:02 PM CDT

Paralegal Says Victoria’s Secret Stole ‘Very Sexy’ Bra Design

A paralegal in New York says Victoria Secret infringed on her 2004 patented bra design when the company created its “Very Sexy” convertible model. Katerina Plew, 38, says she spent about $12,000 to patent her design and develop a prototype, but began contacting companies seeking a manufacturing partner when she…

Apr 22, 2008 3:43 PM CDT

‘Preposterous’ Immigration Caseloads Create Problems for 2nd Circuit

The federal appeals court based in New York City is struggling to handle immigration appeals from small law firms ill-equipped to devote substantial resources to the matters. The number of immigration appeals has recently quintupled because of changes in the process, Adam Liptak writes in his Sidebar column for the…

Apr 15, 2008 12:50 PM CDT

J.K. Rowling: Harry Potter is My World, Not Fan’s

Does an encyclopedia of Harry Potter lore take too much and do too little, simply rearranging the furniture of J.K. Rowling’s famous seven-book series of children’s novels? Or is the Harry Potter Lexicon composed by a fan of the books protected by the fair use doctrine? That is the question…

Apr 14, 2008 8:50 PM CDT

More Securities Cases, Higher Damages Predicted By Accounting Firm Experts

More securities class actions, as well as increased efforts to obtain redress abroad, were predicted today by experts from the PricewaterhouseCoopers accounting firm. They also said that the growing presence of unions and pension funds as plaintiffs in such cases is apparently driving up damages awards. Speaking today at a…

Apr 10, 2008 8:13 PM CDT

Appeals Court Bars Class Action Against Makers of Light Cigarettes

A federal appeals court has tossed an $800 billion class-action lawsuit against the makers of light cigarettes. The 2nd U.S. Circuit Court of Appeals said questions of whether plaintiffs relied on marketing that promoted light cigarettes as a safer alternative could not be resolved in a class action, the New…

Apr 4, 2008 3:49 PM CDT

Judge Dismisses ‘Borat’ Suit, Says Movie Is Vulgar But of Social Value

A federal judge has dismissed a lawsuit filed by a man who was chased down a New York City street by comedian Sacha Baron Cohen in a scene in his move, Borat. The frightened man, Jeffrey Lemerond, contended in his lawsuit that the movie used his image without his consent…

Apr 3, 2008 2:24 PM CDT

Judge Allows Abetting Claim Against Law Firm Under State Securities Fraud Law

A federal judge has refused to dismiss a lawsuit against a New York Law firm accused of aiding and abetting securities fraud by a collapsed hedge fund that was one of its clients. U.S. District Judge Harold Baer of Manhattan said the law firm Seward & Kissel could be sued…

Apr 2, 2008 3:19 PM CDT

Judge Questions Multitude of Law Firms Seeking Fees in Credit Card Settlement

A federal judge yesterday questioned why so many law firms are seeking attorney fees in a $336 million settlement of a lawsuit against Mastercard and Visa. U.S. District Judge William Pauley seemed concerned about the number of law firms seeking fees, rather than the amount of the fee request—which is…

Apr 1, 2008 2:20 PM CDT

Woody Allen Sues Over American Apparel Rabbi Ads

Woody Allen claims in a lawsuit that American Apparel misappropriated his likeness on billboards and online advertising. The $10 million suit says the company used an image from Annie Hall of Allen dressed as a rabbi in ads that ran last year, report the Associated Press and the Wall Street…

Apr 1, 2008 1:06 PM CDT

Judge Sets Aside $200M Judgment Against Palestinian Authority

A federal judge has set aside a nearly $200 million judgment against the Palestinian Authority and ordered a new trial in a suit that contended the authority was liable for a terrorist attack in Israel. U.S. District Judge Victor Marrero of Manhattan said the authority had “sufficiently demonstrated evidence of…

Mar 28, 2008 12:19 PM CDT

Appeals Court Allows Ground Zero Lawsuits

A federal appeals court ruling allows thousands of lawsuits filed by ground zero workers against the city of New York to move forward. The New York City-based 2nd U.S. Circuit Court of Appeals ruled yesterday (PDF) that the city’s claims of immunity could not be decided without further litigation, the…

Mar 27, 2008 5:20 PM CDT

Airline Passenger Bill of Rights Crashes in 2nd Circuit

A federal appeals court has overturned a groundbreaking New York state law giving delayed airline passengers the right to food, water and other amenities. The New York City-based 2nd U.S. Circuit Court of Appeals ruled today that federal laws governing airlines pre-empt the state law, the Associated Press reports. Only…

Mar 25, 2008 4:46 PM CDT

Polygraphs Increasingly Used to Find Parole Violations

Polygraph use is increasing as a post-conviction tool. Most jurisdictions use lie detector tests in an attempt to learn if sex offenders are violating their probation. Now some jurisdictions are also using polygraphs to test probationers convicted of domestic abuse and drunk driving, the Wall Street Journal reports. Eric Holden,…

Mar 24, 2008 1:15 PM CDT