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Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
David Isaacson on Jaen v. Sessions: The Second Circuit Reminds Us That Government Manuals Aren’t Always Right
David Isaacson, Aug. 21, 2018 - "For many years, the policy guidance of the Department of State (DOS) and U.S. Citizenship and Immigration S ervices (USCIS) has required that a child show a biological relationship with a U.S. citizen parent in order...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
CA2 on 'Small Amount' of Marijuana: Hylton v. Sessions
Hylton v. Sessions - "Antoine Hylton, a Jamaican national, petitions for review of the May 9, 2017 order of the Board of Immigration Appeals (“BIA”), which found him ineligible for cancellation of removal because his prior state conviction...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
CA2 on Egregious 4th Am. Violation: Zuniga-Perez v. Sessions
Zuniga-Perez v. Sessions - "Petitioners Juan Martin Zuniga‐Perez and Elder Hernandez‐Ocampo seek review of a March 10, 2017, decision of the Board of Immigration Appeals (the ʺBIAʺ) affirming a February 24, 2016, decision of an immigration judge...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
CA2 on 'Small Amount' of Marijuana: Hylton v. Sessions
Hylton v. Sessions - "Antoine Hylton, a Jamaican national, petitions for review of the May 9, 2017 order of the Board of Immigration Appeals (“BIA”), which found him ineligible for cancellation of removal because his prior state conviction...
William A. Ruskin
over 9 years ago
Health Care
Health Care Law Blog
William A. Ruskin: N.Y. High Court Opts Not To Expand Liability For Health Data Confidentiality Breach
By William A. Ruskin The New York Court of Appeals ruling that came down Jan. 9 in Doe v. Guthrie Clinic , 2014 NY Slip Op 00138 (Court of Appeals 1/9/14) [ enhanced opinion available to lexis.com subscribers ], should prove helpful in evaluating the...
Williams Mullen
over 7 years ago
Health Care
Health Care Law Blog
Williams Mullen: Health Care Providers Lacked Standing to Sue as ERISA Beneficiaries: Rojas v. Cigna Health and Life Insurance Company
By Mark S. Thomas The U. S. Court of Appeals for the Second Circuit has affirmed a dismissal of claims by two physicians and their medical practice asserting standing under ERISA to enjoin an insurer from removing them from its coverage network. Rojas...
Tom Moylan
over 9 years ago
New York
New York Law Blog
2nd Circuit Affirms $104 Million MTBE Contamination Verdict Against Exxon
NEW YORK — (Mealey’s) The Second Circuit U.S. Court of Appeals on July 26 affirmed a $104.6 million methyl tertiary butyl ether (MTBE) contamination verdict for New York City against Exxon Mobil Corp., finding in part that the state tort verdict...
Williams Mullen
over 10 years ago
Estate and Elder Law
Estate and Elder Law Blog
Williams Mullen: Retirement Plan Plaintiffs Were Not Required To Exhaust Administrative Remedies Before Filing Their Class Action
The Second Circuit has held that a putative class of ERISA plaintiffs was not required to exhaust a plan's administrative remedies prior to filing claims for a redetermination of future retirement benefits and alleged irregularities in plan amendments...
Jack Townsend
over 10 years ago
Tax Law
Federal Taxation
Second Circuit Reverses and Vacates Convictions for Wire Fraud and Tax Evasion
In United States v. Litwok, ___ F.3d ___, 2012 U.S. App. LEXIS 8727 (2d Cir. 2012), here , the Second Circuit upset convictions for wire fraud and tax evasion, applying seeming settled principles. I address first the tax evasion convictions, although...
LexisNexis Immigration Law Community Staff
over 10 years ago
Immigration Law
Immigration Law Blog
Child Status Protection Act for Over-21 Derivatives: Implementing De Osorio v. Mayorkas
By David Froman Holding a key provision of the CSPA unambiguous, the Ninth Circuit, en banc , approved the two-petition approach for aged-out derivative beneficiaries of family preference petitions. "Vertical" conversion offers a viable alternative...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Immigration Law Blog
CA2 on Retroactivity: Obeya v. Sessions
Obeya v. Sessions, Mar. 8, 2018 - "Clement Obeya, a lawful permanent resident of the United States, was convicted of petit larceny under New York law. The government sought to remove Obeya for his conviction, treating it as a “crime involving...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Immigration Law Blog
CA2 on Duty of Court to Warn of Immigration Consequences: U.S. v. Gonzales
U.S. v. Gonzales - "Defendant‐Appellant Winifredo Gonzales appeals from a judgment of conviction in the United States District Court for the Western District of New York (Geraci, C.J.), arguing that his guilty plea was not knowingly entered. During...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
CA2 on Credibility: Gao v. Sessions, Shao v. Sessions
Gao v. Sessions, Shao v. Sessions, May 25, 2018 - "These petitions for review heard in tandem challenge two decisions of the Board of Immigration Appeals (the ʺBIAʺ), affirming decisions by two Immigration Judges (ʺIJsʺ), denying asylum, withholding...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
CA2 on Categorical Approach, CAT - Doe v. Sessions
Doe v. Sessions, Mar. 29, 2018 - "Petitioner John Doe seeks review of an April 13, 2016 judgment of the Bureau of Immigration Appeals dismissing his appeal from an October 22, 2015 decision of an Immigration Judge ordering Doe’s removal and...
Dan Gerber
over 12 years ago
Insurance Law
Reinsurance
Top Case of the Week: Second Circuit Affirms Dismissal of Complaint Against Reinsurer
Arrowood Surplus Lines Ins. Co. v. Westport Ins. Corp., (2d Cir. (Conn.) October 8, 2010) Plaintiff’s predecessor, Royal Surplus Lines Insurance Company (“Royal Surplus”) entered into an agreement pursuant to which it assumed the liabilities...
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