Month: February 2018
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Immigrants Detained By The Government Not Entitled To Bond Hearings
Under immigration law, applicants for admission to the United States may be detained by the Government until certain proceedings have concluded. Nothing in the applicable statutes limit the duration of detention, nor mention bond hearings. In Jennings v. Rodriguez, an immigrant filed a habeas corpus suit arguing that he should be entitled to a bond hearing once his detention ... Read More
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Fractured Court Acknowledges Congress’ Power To Abridge Court Jurisdiction Mid-Case
While a case was pending in federal district court regarding a taking of land into trust on behalf of an Indian Tribe, Congress passed the Gun Lake Trust Land Reaffirmation Act, which provided that suits relating to the land “shall not be filed or maintained in a Federal court and shall be promptly dismissed.” The plaintiff argued that the law ... Read More
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Court Narrows Bankruptcy Safe Harbor Provision
In Merit Management Group, LP v. FTI Consulting, Inc., the Court addressed 11 U.S.C. sec. 548(e), which allows bankruptcy trustees to set aside and recover certain transfers for the benefit of the bankruptcy estate, but not a “settlement payment . . . made by or to (or for the benefit of) a . . . financial institution . ... Read More
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Key Provisions of the Tax Cuts and Jobs Acts
By: Nancy Ortmeyer Kuhn, Esq. The “Tax Cuts and Jobs Act” or “TCJA” is the new tax law effective for tax years beginning January 1, 2018 or later. TCJA has many interconnected parts and it is not yet completely clear how some of these parts will co-exist to impact certain taxpayers. Already, many questions have arisen regarding interpretation of terms and ... Read More
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DC Circuit Reverses Attempt At Currency Conversion Through Rule 59(e)
The case of Leidos, Inc. v. Hellenic Republic is a study in “be careful what you wish for.” After requesting an arbitration award in euros, and obtaining a judgment from the federal district court confirming that award in euros, Leidos, Inc. moved under Fed. R. Civ. P. 59(e) to convert that award to U.S. dollars, nunc pro tunc to ... Read More
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Southern District Heightens Lawyers’ Duties in Preventing Spoliation of Evidence by Clients
In Industrial Quick Search, Inc. et al. v. Miller, Rosado & Algois, LLP et al., January 2, 2018, the Southern District of New York issued a decision underscoring the importance of lawyers paying early attention to the need for imposing “litigation holds,” being proactive in ensuring compliance with such holds, and making a clear record of steps taken with ... Read More