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Sep 17 2024
2nd Cir. 21-1381 Panel Decision

American Girl, LLC v. Zembrka

The Second Circuit reversed a district court dismissal, holding that a foreign defendant transacted business in New York by accepting online orders from New York residents, even without physical shipment. The court clarified that New York's long-arm statute requires a transaction, not a completed delivery, to establish personal jurisdiction over interactive websites.

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 11 2024
2nd Cir. 23-992 Panel Decision

Malek v. Feigenbaum

The Second Circuit dismissed an appeal for lack of jurisdiction because the appellant failed to file a motion for reconsideration within the strict deadlines set by federal rules. The court clarified that merely serving a motion on opposing parties does not toll the appeal clock, and that the relevant rule is a mandatory claim-processing rule immune from equitable tolling.

Sep 11 2024
2nd Cir. 23-229 Panel Decision

Hyunhuy Nam v. Permanent Mission of the Republic of Korea to the United Nations

The Second Circuit vacated a district court ruling that denied sovereign immunity to a foreign state's UN mission, holding that the employment of a non-diplomatic chauffeur for high-ranking officials may constitute a sovereign function rather than commercial activity. The appellate court found the lower court erred by shifting the burden of proof and failing to conduct a nuanced examination of the specific context surrounding the driver's duties.

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.