Woman's Suit Barred: Not Based Upon Commercial Activity Carried on in USA by Foreign State
"This case concerns the scope of the commercial activity exception [of the Foreign Sovereign Immunities Act], which withdraws sovereign immunity in any case 'in which the action is based upon a commercial activity carried on in the United States by [a] foreign state.' ” Pp. 1 (citing 28 U. S. C. §1605(a)(2)). "OBB Personenverkehr AG (OBB) operates a railway that carries nearly 235 million passengers each year on routes within Austria and to and from points beyond Austria’s fr
Court says no to injunction stopping Nassau County Police Department Gun Confiscation Policy
"This case involves a constitutional challenge to the Nassau County Police Department's policy of confiscating firearms in the course of responding to domestic incidents." P. 1. The Plaintiff sought a preliminary injunction preventing the Nassau County Police Department ("NCPD") from retaining/destroying firearms confiscated from his home and the home of individuals similarly situated. What happened here? The Plaintiff alleges deprivation of his constitutional rights because,
Methlab Fire results in Manslaughter Conviction - Upheld
Methlab Fire results in Manslaughter Conviction - Upheld This case is on appeal from "a verdict convicting defendant of the crimes of manslaughter in the second degree and unlawful manufacture of methamphetamine in the third degree." The Defendant was in the crystal meth business - the manufacturing of the product. "[T]hey placed three plastic pitchers containing lantern fuel on a lit wood-burning stove. The fuel ignited, causing a fire that burned the cabin to the ground. Wh
Court improperly relied upon PreSentence Report in determining whether crimes were committed on diff
The Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), imposes a 15‐year mandatory minimum sentence on violators who have three previous convictions for a violent felony or a serious drug offense “committed on occasions different from one another.” Issue: "in determining whether crimes were committed “on occasions different from one another,” is a court at sentencing is limited to examining only materials approved by the Supreme Court in Taylor v. United States, 495 U.S.
Elite Travel Employee not paid nearly 400 hours of overtime; awarded time and a half and liquidated
The action was brought pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201 and New York Labor Law (implementing its regulations), alleging that the defendants wrongfully withheld overtime pay. In 2002, Plaintiff began working as an advertising salesperson for Elite Travel, a magazine owned by defendants. Her base salary was $75,000 plus commissions and bonuses. Her duties included travel to trade shows, conferences, and other functions. She recorded her hours on weekly
2005 Homestead Exemption amendment applies to debts incurred prior to the amendment’s effective date
1256 Hertel Avenue Associates v. Calloway, 12‐1603‐bk (2d Cir. Aug 1, 2014) Read the full decision Here The issue in this case is whether the 2005 Amendment applied to a debt and judgment lien procured prior to the enactment of the Amendment. Here, Hertel, reduced the debt to a perfected judgment lien prior to the amendment to the Homestead Exemption law. Holding that judgment liens are not vested property interests, the Bankruptcy Court ruled in favor of Calloway (who owed t
Reyes v. New York City Department of Education, 13‐158 (2d Cir. July 25, 2014)
R.P., the child of the Plaintiff, was denied a Free and Appropriate Education (“FAPE”). “Any parent who thinks that the school district is failing to provide his or her child a FAPE may unilaterally enroll the child in a private school and seek tuition reimbursement from the school district.” Reyes v. New York City Department of Education, 13‐158, at * 4 (2d Cir. July 25, 2014) (citing 20 U.S.C. § 1412(a)(10)(C)(ii)). “Reimbursement will be granted only if (1) the proposed IE
