New York

2nd Circuit: Man held for 4 years is a US citizen; ruling on immigration law could also help others

After being held for more than four years as he awaited deportation, a New York auto mechanic has been determined by a federal appeals court to have been a U.S. citizen since 1994. In a Monday opinion (PDF) that could also help others in a similar situation, the New York…

Aug 13, 2013 9:00 PM CDT

Dying disbarred lawyer won’t be released from prison now, but could get out later

A 73-year-old disbarred New York lawyer who is dying in prison of breast cancer that has spread to other areas of her body has lost her bid to have her sentence vacated by a federal judge. But U.S. District Court Judge John Koeltl said he would be “prepared to give…

Aug 12, 2013 7:43 PM CDT

Clawback suits seek money paid by Dewey & LeBoeuf to bank, law firms and others while insolvent

Applying a rule that prevents a debtor from preferentially paying some creditors during the 90 days before seeking bankruptcy protection, the trustee for Dewey & LeBoeuf filed a dozen lawsuits Friday seeking to claw back funds from those they say received an extra share of the failing law firm’s money…

Aug 12, 2013 6:45 PM CDT

Stop-and-frisk tactics by New York cops violated Fourth and 14th Amendments, judge rules

A federal judge in Manhattan has ruled that New York police violated the Constitution when they targeted “the right people” with stop-and-frisk tactics. Minorities were disproportionately targeted under policies that encouraged more police stops to combat crime, U.S. District Judge Shira Scheindlin wrote in a 195-page decision (PDF). “A police…

Aug 12, 2013 2:29 PM CDT

Judge won’t enforce ‘usurious’ retainer pact, blasts law firm for ‘condescending’ tone of filings

Finding that a law firm’s retainer agreement in a divorce case was “usurious” and calling its billing practices “facially outrageous and certainly bereft of reasonableness,” a New York judge on Thursday refused to vacate his earlier ruling dismissing the firm’s lawsuit seeking to collect about $53,000 from a former client.…

Aug 8, 2013 3:20 PM CDT

Major League Baseball faces suit over unpaid volunteer workers

Add Major League Baseball to a growing list of major employers facing wage-and-hour class action litigation over the use of unpaid volunteer workers, including but not limited to interns. The governing body of the sport has been sued in Manhattan federal court by a man who says MLB violated New…

Aug 7, 2013 5:20 PM CDT

Slashing $26M in legal fees from Citigroup case, judge cites $550/hr charge for $15/hr contract work

A federal judge has slashed by 27 percent the attorney fees awarded to the winning lawyers in a $590 million settlement of a Citigroup Inc. securities class action because of “waste and inefficiency” and billable hourly rates that were “significantly inflated.” Even after the cut, lead plaintiffs counsel Kirby McInerney…

Aug 1, 2013 6:05 PM CDT

Robbers stole techniques from Ben Affleck movie, feds say; film clips to be shown to jurors at trial

They didn’t dress as nuns. But a trio of alleged New York robbers are accused of taking other techniques from a Ben Affleck movie—including the use of masks to disguise their identities and committing a robbery while wearing police uniforms. Now federal prosecutors are expected to show clips from the…

Jul 31, 2013 7:25 PM CDT

Court-ordered outpatient treatment for mental illness saves money, reduces arrests, study finds

A New York law that authorizes court-ordered outpatient treatment for serious mental illness has cut costs and reduced hospitalizations and arrests, a new study has concluded. The law is known as Kendra’s Law, named after Kendra Webdale, who died in 1999 when a man with untreated schizophrenia pushed her onto…

Jul 31, 2013 10:45 AM CDT

Supersize sugary soda ban exceeded NYC health board’s powers, state appeals court says

A New York Supreme Court judge got it right earlier this year when he invalidated a New York City ban on selling soda and other sugary drinks in cups over 16 ounces, a state appellate court held Tuesday. “Like Supreme Court, we conclude that in promulgating this regulation, the Board…

Jul 30, 2013 7:42 PM CDT

Two top partners lead 7-lawyer team from Christie Pabarue to new office of Carroll McNulty

The managing partner, a name partner and five other lawyers are leaving Christie Pabarue Mortensen & Young to open a new Philadelphia office for Carroll, McNulty & Kull, a New Jersey law firm based in the outskirts of suburban New York City. In addition to managing partner Ralph Luongo, name…

Jul 29, 2013 4:15 PM CDT

Google ordered by judge to ID anonymous blogger who targeted lawyer

Google Inc. must identify an anonymous blogger who has been targeting a New York consumer lawyer online, a state court judge says. A stipulated order (PDF) issued earlier this month in the Manhattan Supreme Court case still offered some wiggle room, should the blogger respond. But, if not, Google was…

Jul 25, 2013 3:25 PM CDT

Despite DOMA win, some same-sex couples see a tax-related downside; others get estate tax refunds

As the dust settles after a celebration of the U.S. Supreme Court’s decision that a federal law restricting the rights of same-sex married couples is unconstitutional, some are now facing new tax issues. While the court’s decision to strike the Defense of Marriage Act is expected to result in hefty…

Jul 24, 2013 8:20 PM CDT

Ex-SEC enforcement chief joins Kirkland, will reportedly be paid over $5M a year

A former top Wall Street watchdog will be focusing on corporate compliance from a different perspective after joining Kirkland & Ellis as a partner. Appointed in 2009 as the SEC’s director of enforcement, Robert Khuzami will now split his time between the New York and Washington, D.C., offices of Kirkland…

Jul 23, 2013 9:55 PM CDT

Law grad who passed NY bar but wasn’t admitted gets time for UPL-related felony

A law graduate who passed the New York bar exam last year but was not admitted to practice has been given time for two felony convictions, one of which was related to his unauthorized practice of law. Terence Kindlon Jr., 43, was sentenced Monday in Manhattan Supreme Court to a…

Jul 23, 2013 3:40 PM CDT