9 results for 'judge:"Park"'.
J. Park finds that defendant was properly convicted based on his guilty plea to aiding Islamist terrorist group al-Shabaab in raids in Kenya and Somalia that killed scores of civilians, including Americans. Defendant contends the superseding indictment to which he pleaded fell outside the remand mandate of a prior appeal affected by intervening precedent, but nothing on remand blocked superseding indictments, and the initial plea agreement permitted new charges in the event that defendant's conviction was vacated for any reason. Affirmed.
Court: 2nd Circuit, Judge: Park, Filed On: April 29, 2024, Case #: 22-2958-cr, Categories: Criminal Procedure, Plea, Terrorism
J. Park finds that the district court properly denied defendant pretrial release from detainment for allegedly making interstate threats against Jewish students at Cornell University following the October 2023 Hamas attack against Israel because defendants may be detained pending trial on charges constituting crimes of violence. Affirmed.
Court: 2nd Circuit, Judge: Park, Filed On: April 24, 2024, Case #: 23-8081, Categories: Threats
[Consolidated.] J. Park finds that the district court improperly modified a preliminary injunction in an ongoing dispute between designer and social influencer Hayley Paige Gutman and her former employer, dressmaker JLM Couture. The injunction awarded JLM sole control of disputed accounts on Instagram and Pinterest without weighing whether Gutman's ownership as creator was altered by her employment contract. On remand, the district court must determine whether the parties' noncompete agreement was too restrictive. Vacated in part.
Court: 2nd Circuit, Judge: Park, Filed On: January 17, 2024, Case #: 21-2535(L), Categories: Employment, Contract, Injunction
J. Park dismisses a third-party interlocutory appeal for lack of appellate jurisdiction and for failing to satisfy the collateral order doctrine requirements. The appeal "fails to satisfy the requirements of the collateral order doctrine because the denial of a motion to substitute counsel is effectively reviewable after final judgment and does not implicate an important issue separate from the merits of the underlying action."
Court: 2nd Circuit, Judge: Park, Filed On: September 18, 2023, Case #: 22-317, Categories: Jurisdiction
J. Park finds that the district court properly convicted defendant of being a felon in possession of a firearm after a handgun was found in a fanny pack strapped tightly across his chest during a police stop-and-frisk. Defendant contends the gun should have been suppressed because the stop lacked probable cause, but the "totality of the circumstances" established reasonable suspicion of illegal activity, including the visible outline of the gun in a fanny pack, defendant's nervous appearance when police appeared, and his standing near a double-parked car in a high-crime neighborhood. Affirmed.
Court: 2nd Circuit, Judge: Park, Filed On: August 30, 2023, Case #: 22-588-cr, Categories: Firearms, Search
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J. Park finds that the district court properly found for a supplier when a tank filled with compressed air exploded during a test of fire-suppression equipment and severely injured a worker. Federal provisions governing equipment used in transporting hazardous materials applied to the tank, precluding broader state law claims for product liability and negligence. Affirmed.
Court: 2nd Circuit, Judge: Park, Filed On: August 24, 2023, Case #: 22-754, Categories: Preemption, Tort, Product Liability
J. Park finds that the district court improperly confirmed an arbitration award and unsealed its provisions in age discrimination claims because the confirmation request was rendered moot when IBM fully paid the award, and attaching the confidential award to the action under seal and seeking unsealing was a tactic meant to skirt the terms of the award. Reversed in part.
Court: 2nd Circuit, Judge: Park, Filed On: August 14, 2023, Case #: 22-1240-cv, Categories: Arbitration, Civil Procedure, Employment Discrimination
J. Park finds that the district court properly dismissed claims of age discrimination by two dozen IBM Corp. employees who were terminated. The former workers missed the deadline set for initiating arbitration, and their attempt to use the "piggybacking rule" to attach to a timely age-discrimination case did not apply in arbitration. Furthermore, IBM's motion to seal documents from related arbitrations was properly granted under federal policy favoring confidentiality, especially in light of the employees' counsel attempting to skirt it by attaching them to a premature request for summary judgment. Affirmed.
Court: 2nd Circuit, Judge: Park, Filed On: August 4, 2023, Case #: 22-1728-cv, Categories: Arbitration, Employment Discrimination
[Consolidated.] J. Park finds that the district court properly calculated disgorgement at $64 million in civil enforcement claims regulators brought against an investment adviser after his criminal indictment for insider trading uncovered a decade of thefts from his employer and clients. Precedent and amendments made to the exchange act authorize disgorgement as a remedy, and the sum reasonably approximated profits gained in the wrongdoing. However, any gains on assets that had been frozen must be addressed on remand to evaluate possible relationships to fraud. Affirmed in part.
Court: 2nd Circuit, Judge: Park, Filed On: June 28, 2023, Case #: 21-1686 (L), Categories: Securities, Damages