ABA Journal

2nd Circuit Court

1094 ABA Journal 2nd Circuit Court articles.

Split in School Worship Case

A fractured ruling by a federal appeals court permits an evangelical Christian church to hold Sunday worship services in a school building, at least temporarily.

Two judges differed on whether…

KPMG Judge Wavers on Dismissal

The federal judge overseeing the criminal prosecution of former KPMG partners appeared to waver on whether he would dismiss charges because of government conduct.

Judge Lewis Kaplan said on Monday…

Judge Bars Classified Documents

A federal judge has blocked a New York Times lawsuit that sought classified documents related to the government’s warrantless wiretapping program.

Judge Richard Berman of Manhattan ruled that the Departments…

Fired Lawyer’s ERISA Claim Tossed

A federal judge has dismissed a claim filed by a former Holland & Knight partner who claims he was improperly fired.

John Weir claims the firm fired him at age…

Last Resorts of Court

One date that’s on almost every federal judge’s calendar this summer is the meeting of his or her circuit of the U.S. Court of Appeals, at which trial and appellate…

N.Y.’s Long Arm Misses Site Owner

A federal appeals court has ruled New York’s long-arm statute doesn’t reach an Iowa resident who operates a Web site called MovingScam.com.

Best Van Lines alleged the Web site made…

EEOC Sues Merrill Lynch

The Equal Employment Opportunity Commission contends in a lawsuit that Merrill Lynch & Co. discriminated against an employee because he is Muslim and Iranian.

The suit filed in Manhattan federal…

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…

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