Employers To Face More Concurrent EEOC and Tort Suits after Second Circuit Decision
Last week the U.S. Court of Appeals for the Second Circuit held that filing a charge of discrimination with the U.S. Equal Employment Opportunity Commission does not toll the statute of limitations for state-law tort claims arising out of the same factual basis as the discrimination alleged in the EEOC charge.
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Fri Mar 14, 2014
Disgorgement Liability in Securities Fraud Cases
A divided Second Circuit panel recently bolstered the Securities and Exchange Commission's ability to extract potentially enormous sums from defendants in securities fraud cases.
Federal judge who sent staffers to defendant businesses is removed from case
A federal appeals court has removed a federal judge from a disability-access case because he sent staffers to visit the defendant businesses.
Wed Mar 12, 2014
Ohio court won't hear civil rights leader's appeal
The Ohio Supreme Court won't hear a former national civil rights leader's appeal of his conviction involving theft of taxpayer money.
Corporate Securities Law Blog
Second Circuit Upholds SEC's Authority to Obtain Disgorgement from...
In SEC v. Contorinis , 2014 U.S. App. LEXIS 2927 , the United States Court of Appeals for the Second Circuit upheld the authority of the Securities and Exchange Commission to obtain "disgorgement" from a money manager profits earned by another party from trades based material nonpublic information known to the money manager, even though the manager ... (more)
Courthouse News Service
False Claims Act Suit Over WTC May Be Refiled
An engineer can refile claims that construction companies defrauded the government while working on the new One World Trade Center and other projects, the 2nd Circuit ruled.
Tue Mar 11, 2014
Denial of Attorney Fees Ruled an Abuse of Discretion
A district court "abused its discretion" when denying attorney fees to a plaintiff under the Employment Retirement Income Security Act, the U.S. Court of Appeals for the Second Circuit held.
Mon Mar 10, 2014
Review of court ruling sought
The Denton County District Attorney's office has filed a petition to the state's highest criminal court, in hopes that the Texas Court of Criminal Appeals will reverse Charles Stobaugh's overturned murder conviction.
Judge Orders Arrest of Man Filing Harassing Debtor Liens
A federal judge has ordered the arrest of a concert promoter accused of filing spurious debtors' liens against several lawyers, a law firm and the William Morris Endeavor Entertainment talent agency.
Aereo shut down in Denver, Salt Lake City
After a recent court ruling, Aereo was forced to shut down its service in Denver and Salt Lake City Saturday morning.
U.S. Supreme Court to decide if IndyMac MBS plaintiff filed too late
The U.S. Supreme Court on Monday agreed to consider whether class action claims against underwriters of securities issued by a unit of the now-defunct IndyMac Bancorp Inc should be able to proceed.
Sat Mar 08, 2014
Separate Entity Rule on Bank Branches and Judgment Debtors
On Feb. 18, 2014, the New York Court of Appeals accepted certification of two legal questions from the U.S. Court of Appeals for the Second Circuit relating to the "separate entity rule."
Fri Mar 07, 2014
'World Trade Center cross' fight continues as atheist group appeals ruling
NEW YORK Is it a religious symbol or piece of history? A controversy over a cross-shaped steel beam found in the World Trade Center rubble continues to rage.
Atheists Seek Recognition in 9/11 Museum Display
A group of atheists tried to convince a Second Circuit panel Thursday that if a museum commemorating the Sept.
ACLU Asks Appeals Court to Undo Phone Data Ruling
Civil rights lawyers are urging a federal appeals court to outlaw the National Security Agency's collection of millions of Americans' telephone records.
The Daily Caller
American Atheists to 9/11 survivors, Christians, patriots: Drop dead
Not all atheists have a pathological need to be hated. And not all atheists who do have a pathological need to be hated are as obnoxious, mean-spirited, and well-funded as American Atheists.
Release of Earnings Call Audio Recording Qualifies As Fair Use News...
Release of Earnings Call Audio Recording Qualifies As Fair Use News Reporting - The Swatch Group Management Services Ltd. v.
Thu Mar 06, 2014
The Chevron RICO Ruling and Abortion Clinic Protests
Kaplan declared that a multibillion-dollar Ecuadorian judgment against Chevron in 2011 was so infected by fraud that the plaintiffs-Ecuadorian rain forest residents-and their American lawyer may not profit from the ill-gotten verdict.
Contorting The Law Of Disgorgement In Contorinis: Disgorging Ill-Gotten Gains That Were Never Gotten
For all the complexities inherent to securities enforcement litigation, the law of available remedies has been comparatively simple.
Cablevision Files Amicus Brief in Aereo Litigation
Cablevision Systems Corporation today is filing an amicus brief with the U.S. Supreme Court that details the company's legal position in the Aereo litigation.