8 results for 'judge:"Cabranes"'.
J. Cabranes finds that the district court properly held that defendant's three-year term of supervised release for firearms possession began when imprisonment ended, not upon release from federal custody. Defendant had been transferred to New York custody on state charges of attempted murder, the conviction of which was vacated based on procedural error, and he was eventually freed when charges were dismissed on retrial. Defendant sought release from probation after spending four years in pretrial detention, but precedent holds that "imprisonment" ends when federal supervised release begins. Affirmed.
Court: 2nd Circuit, Judge: Cabranes, Filed On: April 23, 2024, Case #: 23-6394-cr, Categories: Probation, Sentencing
[Consolidated.] J. Cabranes finds that the district court properly held that Donald Trump waived presidential immunity by failing to raise such as an affirmative defense in answering E. Jean Carroll's defamation complaint stemming from an alleged sexual assault. Meanwhile, the court properly denied his request to amend the answer and properly struck the defense from his answer to her amended complaint. Additionally, the appeal from the finding of per se defamation concerning statements Trump made after Carroll alleged he raped her in a department store dressing room in the 1990s must be dismissed for lack of jurisdiction. Affirmed.
Court: 2nd Circuit, Judge: Cabranes, Filed On: December 13, 2023, Case #: 23-1045-cv (L), Categories: Civil Procedure, Immunity, Defamation
J. Cabranes finds that the board of immigration appeals properly denied asylum on grounds that plaintiff, who feared future persecution due to his political affiliations, could safely relocate within his home country of India. Plaintiff's contention that he had been "living in hiding" before coming to the U.S. was rebuffed by evidence that he openly drove a taxi and attended political party meetings without incident. Affirmed.
Court: 2nd Circuit, Judge: Cabranes, Filed On: December 5, 2023, Case #: 20-1673-ag, Categories: Immigration
J. Cabranes finds that the district court improperly dismissed state claims in which a female college professor alleged sex-based pay discrimination. Amendments to New York labor law added a job-relatedness component to the "factor other than sex" defense, which requires accused employers to demonstrate pay disparity is inherent to a job, but no comparable requirement exists on the federal level, and the college demonstrated that promotions and raises create disparity over time.
Court: 2nd Circuit, Judge: Cabranes, Filed On: October 17, 2023, Case #: 21-2919-cv, Categories: Employment Discrimination
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J. Cabranes finds that the district court properly established jurisdiction in a bankruptcy trustee's claims of breach of state securities law concerning a plan for refinancing a complex credit agreement just days before a Chapter 11 filing. Because one participant in the credit agreement assigned part of its interest to foreign lenders, federal jurisdiction applied. Furthermore, dismissal of the securities claims was appropriate because the trustee failed to plausibly allege that the notes created in the agreement constituted "securities" issued in an investment context. Affirmed.
Court: 2nd Circuit, Judge: Cabranes, Filed On: August 24, 2023, Case #: 21-2726-cv, Categories: Bankruptcy, Jurisdiction, Banking / Lending
J. Cabranes finds that the tax court properly assessed penalties for a late-filed 2004 federal tax return. The business loss deduction of more than $1.7 million caught the agency's eye, and the IRS followed protocol in getting the taxpayers' approval to extend the examination date several times before concluding insufficient evidence supported the deduction. Affirmed.
Court: 2nd Circuit, Judge: Cabranes, Filed On: July 27, 2023, Case #: 22-829-ag, Categories: Civil Procedure, Tax