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Jun 7 2023
9th Cir. 21-584 Published

SERGEY NIKO ZHOVTONIZHKO v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit held that the Board of Immigration Appeals erred by relying on outdated precedent to classify Washington's current reckless driving statute as a crime involving moral turpitude. The court found that the statute's 'reckless manner' element reflects a lower mental state than the 'wanton or willful disregard' standard required by prior BIA rulings.

Civil Immigration (Civil)
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Jun 7 2023
9th Cir. 21-298 Published

ANDRES ARIZMENDI-MEDINA v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit reversed the Board of Immigration Appeals, holding that an immigration judge violated due process by rigidly enforcing a filing deadline without allowing a window filing. The court found the proceedings fundamentally unfair because the deadline was ambiguous and the judge refused to accept the application while still on the bench.

Civil Immigration (Civil) Sixth Amendment - Ineffective Assistance of Counsel
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Jun 5 2023
2nd Cir. 22-1711-cv Panel Decision

GIVAUDAN SA PHYTO TECH CORP., DBA BLUE CALIFORNIA v. CONAGEN INC

The Second Circuit affirmed a district court judgment holding that Conagen was not liable for breach of contract after negotiations for an exclusivity arrangement failed. The court ruled that the executed Term Sheet created a binding duty to negotiate in good faith but did not bind the parties to the specific exclusivity terms sought by Givaudan.

Civil Securities
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Aug 5 2022
2nd Cir. 21-56 Panel Decision

Murray v. UBS Securities, LLC

The Second Circuit held that the Sarbanes-Oxley Act requires a whistleblower to prove an employer acted with retaliatory intent to discriminate against them. Because the district court failed to instruct the jury on this essential element, the verdict is vacated and the case is remanded for a new trial.

Civil Civil Rights - Employment
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Aug 5 2022
2nd Cir. 20-4202 Panel Decision

Murray v. UBS Securities, LLC

The Second Circuit held that the Sarbanes-Oxley Act requires a whistleblower to prove an employer acted with specific retaliatory intent to establish an adverse employment action claim. Because the district court failed to instruct the jury on this essential element, the court vacated the verdict and remanded for a new trial.

Civil Civil Rights - Employment
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Sep 8 2021
2nd Cir. 18-3715 Panel Decision

United States v. Percoco

The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud and bribery, ruling that while a jury instruction regarding 'as opportunities arise' was legally imprecise, the error was harmless. The court further reaffirmed that non-employees can owe fiduciary duties to the public if they dominate governmental business and are relied upon by officials.

Criminal Fraud
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Sep 8 2021
2nd Cir. 18-3710 Panel Decision

United States v. Percoco

The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud, ruling that while a jury instruction regarding 'as opportunities arise' was technically flawed, the error was harmless given the overwhelming evidence of specific quid pro quos. The court further reaffirmed that non-officials who dominate and control government business owe a fiduciary duty to the public, rejecting arguments that Percoco's status as an unaffiliated advisor shielded him from liability.

Criminal Fraud
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Sep 8 2021
2nd Cir. 19-1272 Panel Decision

United States v. Percoco

The Second Circuit affirmed the honest-services fraud convictions of Joseph Percoco and Steven Aiello, ruling that while a jury instruction regarding 'as opportunities arise' was technically flawed, the error was harmless given the overwhelming evidence. The court further reaffirmed that non-employees can owe a fiduciary duty to the public if they dominate and control government business, rejecting the argument that Percoco's status as an unofficial advisor exempted him from liability.

Criminal Fraud
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Sep 8 2021
2nd Cir. 18-2990 Panel Decision

United States v. Percoco

The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud, ruling that while a jury instruction regarding 'as opportunities arise' was legally flawed, the error was harmless. The court further reaffirmed that non-employees may owe fiduciary duties to the public if they dominate governmental business and are relied upon by officials.

Criminal Fraud
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Sep 8 2021
2nd Cir. 18-3712 Panel Decision

United States v. Percoco

The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud, ruling that while a jury instruction regarding 'as opportunities arise' was technically flawed, the error was harmless. The court further reaffirmed that non-employees can owe a fiduciary duty to the public if they dominate and control government business, rejecting arguments that Percoco's lack of formal employment shielded him from liability.

Criminal Fraud
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