2nd Circuit Court

1042 ABA Journal 2nd Circuit Court articles.

KPMG Prosecutors Concede Key Point

Government lawyers have acknowledged that dismissal of charges is the appropriate remedy for 12 former KPMG employees—if prosecutors indeed violated the Constitution by pressuring their employer to cut off legal…

Muslim’s Suit for Harsh Detention Allowed

A federal appeals court has refused to dismiss a lawsuit challenging harsh prison conditions filed by a Muslim detained as a person of interest after the Sept. 11 attacks.

The…

Anti-Bootlegging Law Upheld

A federal statute that bars bootlegged copies of performances survived an initial review before a federal appeals court today.

The 2nd U.S. Circuit Court of Appeals based in New York…

Misconduct Cited in KPMG Motion

Ex-employees of KPMG cite a “pattern of misconduct” by the government in their motion to dismiss the criminal case against them.

They contend comments by prosecutors at a February 2004 meeting put pressure on their employer to cut off legal fees, according to the New York Law Journal. The employees had been accused of helping create illegal tax shelters.

N.Y. Gun Harms Don’t Justify Sentence

A federal appeals court has ruled a judge improperly increased a sentence for a man convicted of selling guns to New Yorkers on the ground the crime causes greater harm…

KPMG Fee Ruling Spurs Dismissal Motion

Ex-employees of KPMG who battled to force the accounting company to pay their legal fees will ask a judge to dismiss the criminal case against them.

Judge Lewis Kaplan of…

Lawyer, Big Four Partners Charged in Tax Fraud Scheme

A former lawyer for the Internal Revenue Service is among four past and present partners of Ernst & Young charged today in an alleged tax fraud scheme intended to benefit…

Public-Interest Lawyers Seek Fee Rehearing

Lawyers and public-interest groups want the 2nd U.S. Circuit Court of Appeals to reconsider a decision limiting attorney fees in public-interest cases.

Groups supporting the motion for a rehearing include…

Appeals Court Lowers Fee Award

A federal appeals court has lowered a fee award for attorneys who won changes in the way Medicare notifies recipients about dropped or reduced benefits for home health care.

The…

Recantations Re-evaluated

The court system has often spurned witness recantations, but DNA evidence shows that stance may be misguided.




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