2nd Circuit Court

Plea Deal in Tax Shelter Case

An investment adviser accused in an illegal tax shelter case involving KPMG has reached an agreement to plead guilty. David Amir Makov could enter a guilty plea as early as today, the New York Times reports. He worked for an investment firm, Presidio Advisory Services. Presidio, formed by two former…

Aug 21, 2007 4:26 PM CDT

Pension Suit Turns on Partner Definition

A “partner” who was denied pension benefits from her former law firm because she was not considered a shareholder will get a chance to prove she is entitled to the money. The 2nd U.S. Circuit Court of Appeals ruled (PDF) Wednesday that a magistrate erred in barring Karen Strom from…

Aug 17, 2007 11:05 AM CDT

NY Gun Suit Survives

A federal judge has refused to dismiss a lawsuit filed by the city of New York that claims 15 out-of-state gun sellers engage in retail practices that lead to illegal gun use. U.S. District Judge Jack Weinstein of Brooklyn rejected defendants’ argument that the court did not have personal jurisdiction…

Aug 16, 2007 11:35 AM CDT

No Fees for Partial Recovery

A federal appeals court has refused to award fees to attorneys who helped clients recover part of the money seized from couriers at an airport who were carrying the cash for about 80 Pakistanis. The 2nd U.S. Circuit Court of Appeals ruled that the lawyers were not entitled to fees…

Aug 14, 2007 11:35 AM CDT

Tax Protest Groups Can’t Solicit

A federal judge has barred two tax protest groups from circulating materials that advise citizens how to avoid paying federal income taxes. Judge Thomas McAvoy of Binghamton, N.Y., said the two groups are promoting an illegal tax shelter, the New York Law Journal reports. First Amendment protections don’t apply when…

Aug 14, 2007 11:17 AM CDT

Report May Help Torture Appeal

Previously classified information suggests that U.S. intelligence officials sent Maher Arar to Syria, where he was tortured and jailed, even though neither the FBI nor Canadian officials were convinced the Syrian-born Canadian was a significant threat. The Canadian report says the CIA was involved in the decision to deport Arar.…

Aug 10, 2007 1:25 PM CDT

Retired Delta Pilots Seek $100 M

About 1,000 retired pilots for Delta Air Lines claim the company owes them at least $100 million in pension benefits. The pilots said in a New York bankruptcy filing that the company is misinterpreting federal tax law and miscalculating benefits paid under its defined-benefit plan, according to the Fulton County…

Aug 10, 2007 11:48 AM CDT

DirecTV Settles Ad Suit

Cable TV company Time Warner Inc. has announced a settlement of a dispute with satellite operator DirecTV over its ads for high-definition TV. The companies told the Wall Street Journal (sub. req.) they had reached a “mutually satisfactory” resolution of Time Warner’s false-advertising suit. Details were not available. Time Warner…

Aug 9, 2007 7:32 PM CDT

New Suit Targets Refco Purchaser

The legal fight over responsibility for the failure of commodities broker Refco has taken another turn, as a plaintiff now becomes a defendant. A lawsuit by a Refco trustee contends that Thomas H. Lee Partners LP became aware of problems at Refco but covered them up so it could sell…

Aug 9, 2007 6:26 PM CDT

J&J Is Cross Over Symbol License

A dispute over rights to the red cross symbol has led to a lawsuit and dueling press statements. Johnson & Johnson, the health-care products company, sued the American Red Cross yesterday, claiming the charity infringed its trademark by licensing the cross for commercial purposes. The suit seeks an injunction against…

Aug 9, 2007 2:22 PM CDT

‘Perfect Storm’ of Arbitrator Actions

A federal appeals court has ruled an arbitration panel ignored the law when it ordered a lawyer to return his contingency fee to an age bias plaintiff and awarded fees virtually identical to the contingency. The 2nd U.S. Circuit Court of Appeals vacated the order and the panel’s attorney fee…

Aug 9, 2007 11:07 AM CDT

RNC Protesters Win Records Release

A federal judge has ordered New York to release almost 2,000 pages of information about police surveillance of protesters at the 2004 Republican National Convention. Magistrate Judge James Francis IV required deletion of sensitive information that would reveal names of confidential informants or undercover cops, the New York Times reports.…

Aug 7, 2007 1:03 PM CDT

Terror Suspect Mental Test Sought

The lawyer for a former air cargo worker accused in a terrorist plot at Kennedy International Airport has asked for an examination of his client’s “intellectual limitations.” The lawyer said suspect Russell Defreitas can’t read and has limited analytical abilities, the New York Times reports. Defreitas has been accused of…

Aug 3, 2007 1:33 PM CDT

New Standard Lets Weil Sue Mayer

A private equity firm’s selection of New York City bankruptcy powerhouse Weil Gotshal & Manges to handle a $245 million claim against Chicago-based Mayer Brown Rowe & Maw probably wouldn’t have been possible in the not-so-distant past. That’s because Weil likely would have been conflicted out of representing Thomas H.…

Aug 1, 2007 4:53 PM CDT

Punitives Barred in Smoking Suit

Res judicata has been the bane of many a law student’s existence. Now it’s causing problems for the widow of a smoker suing Philip Morris in New York. The question: Does a state’s participation in the $208 billion global tobacco settlement bar smokers’ individual punitive damage claims? A New York…

Jul 31, 2007 10:47 AM CDT