Recent changes
Phan Tran v. Noem et al - Naturalization Application
The U.S. District Court for the Northern District of California has filed a new civil case, Phan Tran v. Noem et al. The case involves a naturalization application and requests an injunction against the U.S. government. The initial filing includes the complaint and a proposed summons.
In re A.E. - Abuse and Neglect Appeal
The West Virginia Supreme Court of Appeals reversed in part a lower court's order requiring the Department of Human Services (DHS) to pay for a child's transportation for post-permanency visitation. The court found no statutory authority for such an order after permanency was achieved.
Lawyer Disciplinary Proceeding - License Suspended
The West Virginia Supreme Court of Appeals has suspended the law license of Phillip S. Isner following a lawyer disciplinary proceeding. The court found Mr. Isner committed twenty-five violations of the West Virginia Rules of Professional Conduct related to client communication and diligence.
Arthur C. v. Frame - Habeas Corpus / Child Testimony
The West Virginia Supreme Court affirmed a lower court's decision in Arthur C. v. Frame, addressing a habeas corpus petition related to a criminal conviction. The court's opinion clarifies standards for reviewing ineffective assistance of counsel claims and the use of closed-circuit television testimony for child witnesses in criminal proceedings.
Ramsay v. Bondi - Court grants petition to reopen removal proceedings
The Second Circuit Court of Appeals granted John Marcus Ramsay's petition, overturning the BIA's denial of his motion to reopen removal proceedings. The court found the BIA misread Ramsay's arguments and remanded the case for further consideration, also granting his motion to stay removal.
Petersen Energía vs. Argentine Republic - Appeal of Share Expropriation Ruling
The Second Circuit Court of Appeals reversed a district court's $16.1 billion award to minority shareholders in Petersen Energía and Eton Park against the Argentine Republic and YPF S.A. The appellate court found that the shareholders' claims regarding the expropriation of shares were not cognizable under Argentine law.
Rivera-Perez v. Stover - Habeas Corpus Petition and First Step Act Credits
The Second Circuit Court of Appeals vacated a district court's grant of a habeas corpus petition, ruling that First Step Act (FSA) time credits cannot be used to reduce a prisoner's term of supervised release. The court found that the petitioner's case became moot once he was transferred to prerelease custody.
Powell v. Ocwen Fin. Corp. - ERISA Fiduciary Duties
The Second Circuit Court of Appeals partially reversed a district court ruling in Powell v. Ocwen Fin. Corp., finding that mortgages underlying certain residential mortgage-backed securities (RMBS) trust certificates are plan assets under ERISA. The court affirmed that mortgages underlying RMBS notes issued pursuant to indenture agreements are not plan assets.
United States v. Fabian - Drug Conviction Appeal
The Second Circuit Court of Appeals affirmed a drug conviction for Rafael Antonio Fabian but vacated the imposition of standard conditions of supervised release. The court remanded the case for the district court to address these conditions, as the defendant was not made aware of them during sentencing.
Knapp v. Barclays - Securities Act of 1933 Claims
The Second Circuit affirmed a lower court's dismissal of claims against Barclays related to exchange-traded notes (ETNs). The court ruled that a reverse split of ETNs did not constitute a 'sale' under the Securities Act of 1933, and investors failed to trace their post-split ETNs to a specific registration statement, thus barring claims under Sections 11 and 12 of the Act.
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