Weekly case summaries from the U.S. 2nd Circuit Court of Appeals and related news, from FindLaw.com.
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U.S. Second Circuit
Digest for Week of May 4th, 2016

U.S. 2nd Circuit Case Summaries and Blog Posts

Case Summaries:
Blog Posts:

U.S. 2nd Circuit Case Summaries

US v. Parisi

May 3, 2016
Sentencing, Criminal Law & Procedure
(United States Second Circuit) - Modification of the special conditions of supervised release, that had been imposed on defendant at the time of his sentencing in 2004 to include what are now standard conditions of supervision for individuals convicted of sex offenses, is affirmed where: 1) even though new or changed circumstances may justify a modification, US v. Lussier,104 F.3d 32, 36 (2d Cir. 1997), they are not a prerequisite to a district court's decision to modify the conditions of release; 2) defendant's claim that the modifications are not reasonably related to his underlying offense conduct and involve a greater deprivation of liberty than is reasonably necessary, is without merit; and 3) defendant's challenge to the modifications on procedural grounds, arguing that he did not receive an adequate modification hearing pursuant to Rule 32.1(c)(1) of the Federal Rules of Criminal Procedure, is also without merit.
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Abascal v. Fleckenstein

April 29, 2016
Civil Rights, Evidence, Criminal Law & Procedure
(United States Second Circuit) - In a prisoner's suit under 42 U.S.C. section 1983 alleging, among other things, that while he was incarcerated at Attica Correctional Facility, defendant corrections officers subjected him to cruel and unusual punishment by depriving him of meals and physically assaulting him in violation of his Eighth Amendment rights, the District Court's denial of defendants' motion to set aside the jury verdict against them is vacated where the District Court abused its discretion when it admitted a report into evidence that included statements by other inmates alleging abuse at Attica, as well as the report's authors' views about the pervasive culture of abuse at the facility, because it was inadmissible hearsay and did not qualify for the business records or public records exceptions.
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DeKalb Cty. Pension Fund v. Transocean Ltd.

April 29, 2016
Securities Law
(United States Second Circuit) - In a suit alleging violations of Sections 14(a) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. sections 78n(a) and 78t(a), and Securities and Exchange Commission Rule 14a‐9, 17 C.F.R. section 240.14a‐9, the District Court's dismissal of plaintiff's sections 14(a) and 20(a) claims is affirmed where: 1) plaintiff's Section 14(a) claim is time‐barred by the applicable three‐year statutes of repose; and 2) its Section 20(a) claim was properly dismissed for failure to state a claim upon which relief can be granted.
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Goel v. Bunge, Ltd.

April 28, 2016
White Collar Crime, Civil Procedure
(United States Second Circuit) - In a case arising out of an alleged fraud, the District Court's judgment dismissing as untimely plaintiffs' claims under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. section 1961 et seq. (RICO), and declining to exercise supplemental jurisdiction over their state‐law claims, is vacated where, although the District Court properly rejected plaintiffs' argument that their claims are timely under New York's so‐called "savings statute," N.Y.C.P.L.R. section 205(a), the Court erred by considering materials outside the pleadings at the motion‐to‐dismiss stage .
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US v. Halloran

April 28, 2016
Criminal Law & Procedure
(United States Second Circuit) - Convictions of wire fraud, 18 U.S.C. sections 1343 and 1346, violating the Travel Act, 18 U.S.C. section 1952, and conspiracy to commit both substantive offenses, 18 U.S.C. section 371, are affirmed over defendant's meritless challenges: 1) to sufficiency of the evidence; 2) that brokering the payment of bribes in exchange for the issuance of a Wilson‐Pakula does not violate New York's bribery laws, as required for his Travel Act conviction; and 3) that the honest‐services fraud statute is unconstitutionally vague as applied to that conduct.
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U.S. 2nd Circuit Blog Posts

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

Jonathan R. Tung, Esq.
April 29, 2016
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...
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New York Can Require In-State Offices for Nonresident Attorneys

Casey C. Sullivan, Esq.
April 26, 2016
Want to represent New Yorkers while keeping your only law office in Connecticut or New Jersey? Fuhgeddaboutit! The Second Circuit has upheld New York's law requiring out-of-state attorneys to maintain a physical office in the state, reversing a district...
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Employees Who Aided Madoff Will Remain in Jail, 2nd Cir. Rules

Casey C. Sullivan, Esq.
April 22, 2016
The Second Circuit upheld the conviction of five former employees for Bernie Madoff this week. In a summary order issued Wednesday, the court rejected arguments challenging the sufficiency of the evidence against then and the behavior of federal prosecutors....
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Google Books Survives Righteous Challenge as Authors Starve

Casey C. Sullivan, Esq.
April 21, 2016
Google Books is quickly becoming the Library of Alexandria for the digital age, a vast collection of the world's written knowledge. There's no need to fly to Egypt to check it out, however. Google Books are available free, online,...
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2nd Circ. Passes on SiriusXM Radio Copyright Case

Jonathan R. Tung, Esq.
April 18, 2016
The Second Circuit's Court of Appeals decided to hold off on entering a potentially ground-moving decision involving class actions brought by members The Turtles, the rock group from the 70s. In the suit, they contended that federal copyright laws do...
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