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Punch and Jurists: June 26, 2006

Volume 13, Number 25

In this issue:

  1. Doe v. Pataki, No. 96 Civ. 1657(DC) (S.D.N.Y.) (427 F.Supp.2d 398) (April 12, 2006) (Judge Denny Chin) (p None)
  2. Terkel v. AT&T Corporation, No. 06 C 2837 (N.D.Ill.) (441 F.Supp.2d 899) (July 25, 2006) (Judge Matthew F. Kennelly) (p None)
  3. U.S. v. Adams, No. 04-5391-cr (2nd Cir.) (448 F.3d 492) (May 10, 2006) (Judge Rosemary S. Pooler) (p None)
  4. U.S. v. Adelson, No. 05 Cr. 325 (JSR) (S.D.N.Y.) (441 F.Supp.2d 506) (July 20, 2006) (Judge Jed S. Rakoff) (p None)
  5. U.S. v. Spilmon, No. 05-3750 (7th Cir.) (454 F.3d 657) (July 19, 2006) (Judge Richard A. Posner) (p None)
  6. U.S. v. Lyons, No. 04-50082 (9th Cir.) (453 F.3d 1222) (July 17, 2006) (Judge M. Margaret McKeown) (p None)
  7. Hepting v. AT&T Corporation, No. C-06-672 VRW (N.D.Cal.) (439 F.Supp.2d 974) (July 20, 2006) (Judge Vaughn R. Walker) (p None)

Doe v. Pataki, No. 96 Civ. 1657(DC) (S.D.N.Y.) (427 F.Supp.2d 398) (April 12, 2006) (Judge Denny Chin)

Plaintiffs, a class of convicted sex offenders, sued defendants, the governor of New York, and other state officials, challenging New York's Sex Offender Registration Act (SORA). Seventeen months after the parties entered into a stipulation of settlement, the government amended the act so as to effectively alter the terms of ...

Terkel v. AT&T Corporation, No. 06 C 2837 (N.D.Ill.) (441 F.Supp.2d 899) (July 25, 2006) (Judge Matthew F. Kennelly)

Here Judge Kennelly granted the Government's motion to dismiss this lawsuit challenging the constitutionality of the NSA's secret wiretapping program, stating that, due to the state secrets privilege, the plaintiffs would be unable to prove any harm.

In another of the more than 30 pending legal challenges to the NSA ...

U.S. v. Adams, No. 04-5391-cr (2nd Cir.) (448 F.3d 492) (May 10, 2006) (Judge Rosemary S. Pooler)

This opinion does not break new ground, but is a good reminder that while the substantive distribution offense under the drug laws, e.g., 21 U.S.C. § 841(a), does not (as the law currently stands) require proof that the defendant knew the type and quantity of drugs he was selling or ...

U.S. v. Adelson, No. 05 Cr. 325 (JSR) (S.D.N.Y.) (441 F.Supp.2d 506) (July 20, 2006) (Judge Jed S. Rakoff)

The defendant in this case, Richard P. Adelson, the former president of Impath, Inc., a publicly-traded cancer diagnosis company, was charged with a number of counts of conspiracy, securities fraud, and filing false reports with the S.E.C. The gist of the indictment was that Adelson joined a conspiracy, initially concocted ...

U.S. v. Spilmon, No. 05-3750 (7th Cir.) (454 F.3d 657) (July 19, 2006) (Judge Richard A. Posner)

Here the Court held that there was nothing inherently coercive or improper about a "package" plea in which the defendant pled guilty in exchange for an agreement from the prosecutor not to prosecute the defendant's wife.

This appeal addressed the propriety of "package" plea deals, in which a defendant pleads ...

U.S. v. Lyons, No. 04-50082 (9th Cir.) (453 F.3d 1222) (July 17, 2006) (Judge M. Margaret McKeown)

This consolidated appeal is an interesting telemarketing fraud case that explores the Supreme Court’s recent default rule that, in a criminal prosecutions for fraud involving telemarketing, the "bare failure to disclose [the high cost of fundraising] directly to potential donors does not suffice to establish fraud." The decision starts with ...

Hepting v. AT&T Corporation, No. C-06-672 VRW (N.D.Cal.) (439 F.Supp.2d 974) (July 20, 2006) (Judge Vaughn R. Walker)

The Electronic Frontier Foundation (EFF) and various individual plaintiffs filed this class action lawsuit against AT&T Corporation, accusing the telecom giant of violating the law and the privacy of its customers by collaborating with the National Security Agency (NSA) in its massive and illegal domestic spying program to wiretap and ...