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Jan 28 2025
2nd Cir. 23-1013-cv Panel Decision

Unkechaug Indian Nation v. Seggos

The Second Circuit affirmed that the 1676 Andros Order is not a valid federal treaty binding on the United States because it predates the nation and lacks federal ratification. Consequently, the order does not preempt New York's fishing regulations prohibiting the harvesting of glass eels in off-reservation waters.

Sep 12 2024
9th Cir. 4:22-cr-00208- Published

UNITED STATES OF AMERICA v. CENIOUS BREWSTER

The Ninth Circuit affirmed a 46-month prison sentence for a felon in possession of a firearm, ruling that the district court did not clearly err in applying a sentencing enhancement for reckless endangerment during flight. The court further held that the district court properly relied on Sentencing Commission data to address sentencing disparities and that the defendant forfeited arguments regarding a downward departure.

Sep 11 2024
9th Cir. 23-972 Published

UNITED STATES OF AMERICA v. SHEN ZHEN NEW WORLD I, LLC

The Ninth Circuit affirmed the bribery and fraud convictions of a real estate developer who lavished gifts on a Los Angeles city councilmember to secure support for a skyscraper project. The court clarified that federal bribery laws require only the intent to influence an official act, not a formal agreement or a specific quid pro quo exchange.

Sep 6 2024
United States Court… 22-7171 Panel Decision

ESTATE OF YAEL BOTVIN, BY RUSSELL ELLIS ADMINISTRATOR v. HEIDEMAN, NUDELMAN & KALIK, P.C: ESTATE OF YAEL BOTVIN, BY RUSSELL ELLIS ADMINISTRATOR v. HEIDEMAN, NUDELMAN & KALIK, P.C

The D.C. Circuit reversed the dismissal of a legal malpractice claim, holding that plaintiffs adequately pleaded proximate cause by showing the loss of a settlement opportunity was a foreseeable result of attorney negligence. The court clarified that foreseeability requires only that the general type of harm be predictable, not the precise sequence of events leading to it.

Sep 4 2024
United States Court… 24-5045 Panel Decision

Lettieri v. Federal Marshals

The D.C. Circuit affirmed the dismissal of a civil rights complaint because the plaintiff failed to provide a short, plain statement of the claim required by Federal Rule of Civil Procedure 8(a). The court further held that the district court correctly denied leave to amend the complaint, as the proposed changes would not have cured the original pleading deficiencies.

Sep 4 2024
2nd Cir. 23-1260 Panel Decision

Hachette Book Group, Inc. v. Internet Archive

The Second Circuit affirmed summary judgment for four major book publishers, ruling that Internet Archive's practice of scanning and lending entire copyrighted books violates the Copyright Act. The court held that this digital lending program fails the fair use test because it is not transformative and usurps the publishers' market for licensed eBooks.