2nd Circuit Court

Appeals Clerk Explains Why Details of Alleged FBI Coercion Withdrawn from Opinion

The federal appeals court clerk who asked blogger Howard Bashman to take down an opinion from his How Appealing site because of security concerns has told the Washington Post the ruling was not withdrawn at the request of the Justice Department or FBI. The opinion by the New York City-based…

Oct 25, 2007 10:40 AM CDT

Court Upholds Sex Stings Using Undercover Cops in Chat Rooms

A federal appeals court has upheld the conviction of a man snared in a sexual predator sting, saying the statute used to convict him did not impermissibly suppress his right to engage in fantasy speech. The defendant, Frank Gagliardi, was arrested while waiting in his car to meet two 13-year-olds,…

Oct 23, 2007 6:12 PM CDT

Two Cases Challenge Clampdown on Terrorism Talk

The First Amendment is being cited in two cases challenging the government’s attempt to bar controversial Muslim views from being voiced here. “The question before the judges considering the two cases is thus a difficult one,” Adam Liptak writes in his Sidebar column for the New York Times. “What role…

Oct 22, 2007 6:02 PM CDT

Ex Jenkens Partner Named in Fraud Case

A New York partner of Baker & McKenzie has been indicted in a federal securities fraud case involving alleged corporate kickbacks, along with executives and two individual investors. Attorney Martin Weisberg and the five other defendants “face a variety of charges, including conspiracy, securities fraud and money laundering,” reports the…

Oct 19, 2007 9:34 PM CDT

Blogger Posts 9/11 Opinion Withdrawn Over Security Concerns

Updated: A federal appeals court quickly withdrew an opinion issued yesterday in a case filed by a Sept. 11 detainee because of concerns it contained information filed under seal. The opinion by the 2nd U.S. Circuit Court of Appeals revived a lawsuit by Egyptian student Abdullah Higazy who was detained…

Oct 19, 2007 12:45 PM CDT

KPMG Trial Delayed Over Lawyer Ruling

A federal judge has disqualified a defense lawyer and delayed the trial of four defendants accused of helping KPMG promote illegal tax shelters. Judge Lewis Kaplan of New York disqualified Steven Bauer of Latham & Watkins following accusations of a secret defense pact, the Wall Street Journal reports (sub. req.).…

Oct 18, 2007 6:33 PM CDT

Malpractice Suit Tossed in Recovered Nazi Art Case

A federal judge has tossed a malpractice suit against a lawyer who represented the heirs of a German art collector whose property was seized by the Nazis. The suit by nieces and nephews of Gustav Kirstein claimed they had to share their recovery with another claimant because of mistakes by…

Oct 16, 2007 12:01 PM CDT

Court Fines Law Firm Over Partner’s Tax Levy

When the IRS levied a New York personal injury firm to collect $1.2 million that partner A. Sheldon Edelman allegedly owed in unpaid taxes, Edelman—who was responsible for handling firm accounts—reportedly ignored the levies and continued paying himself and a junior partner their usual weekly draws. Because a draw is…

Oct 12, 2007 7:44 PM CDT

Pro Bono Team Attacks Exec’s Prosecution

A team of pro bono attorneys from four different firms has taken up the cause of a convicted Dynegy Inc. executive and filed a habeas corpus petition seeking his release from prison. By pressuring Dynegy, under threat of prosecution, to renege on its promise of paying defense costs, the federal…

Oct 8, 2007 9:16 PM CDT

Judge Goes Easy on Insider-Trading Lawyer Couple

A lawyer couple who pleaded guilty to insider trading will not have to spend any time in prison. U.S. District Judge Victor Marrero of New York noted that defendant Christopher Collotta, 34, suffers from heart problems caused by a battle with cancer, the New York Law Journal reports. Collotta was…

Oct 5, 2007 1:01 PM CDT

Judge Bounced Off Third Case for Unexplained Sentence

A federal appeals court has bounced a judge off a case for failing to state why he gave a lower-than-recommended sentence to two brothers convicted in a drug operation. The latest decision marks the third time that U.S. District Judge John Elfvin of Buffalo was removed from cases in the…

Sep 28, 2007 1:42 PM CDT

KPMG Judge Backs Laws to Curb Prosecutors

U.S. District Judge Lewis Kaplan of New York isn’t done making news with his comments on strong-arm prosecution tactics. This time he’s speaking out at a seminar for criminal defense lawyers. Kaplan is known for his decision to dismiss charges against 13 KPMG defendants because the government pressured the accounting…

Sep 28, 2007 11:42 AM CDT

Court Accepts Diabetes Drug Appeal

The U.S. Supreme Court will consider whether Michigan plaintiffs may sue the maker of the diabetes drug Rezulin despite a state law that restricts pharmaceutical suits. The Food and Drug Administration asked that the drug be removed from the market after concerns arose that it caused liver damage in some…

Sep 25, 2007 3:21 PM CDT

Suit: Feds’ Raids Violate Constitution

Warrantless searches allegedly are being conducted by armed U.S. immigration authorities on Latino-occupied homes in the New York City area where they have no good reason to believe immigrant fugitives are living. A federal class action lawsuit filed in Manhattan yesterday by 15 plaintiffs contends the feds are conducting such…

Sep 21, 2007 11:26 PM CDT

Judge: Gov’t Lied, Must Pay Attorney Fees

In more than 30 years of practice, New Hampshire lawyer Steve Gordon says he’s never before tried to get a judge to award attorney fees against the federal government due to bad faith. But that’s the approach that he’s taken—successfully—in a tort case over a murdered government informant whose identity…

Sep 21, 2007 6:26 PM CDT