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Punch and Jurists: February 21, 2011

Issue PDF
Volume 18, Number 4

In this issue:

  1. Kiobel v. Royal Dutch Petroleum Co., No. 06-4800-cv (2nd Cir.) (642 F.3d 268) (February 4, 2011) (Per Curiam) (p None)
  2. U.S. v. Szymanski, No. 09-3524 (6th Cir.) (631 F.3d 794) (February 7, 2011) (Judge Gilbert S. Merritt) (p None)
  3. U.S. v. Hassock, No. 09-5193-cr (2nd Cir.) (631 F.3d 79) (January 28, 2011) (Judge Roger J. Miner) (p None)
  4. National Day Laborer Organizing Network v. U.S. Immigration and Customs Enforcement Agency, No. 10 Civ. 3488 (SAS) (S.D.N.Y.) ( F.Supp.2d ) (February 7, 2011) (Judge Shira A. Scheindlin) (p None)
  5. U.S. v. Flyer, No. 08-10580 (9th Cir.) (633 F.3d 911) (February 8, 2011) (Judge Sidney R. Thomas) (p None)
  6. U.S. v. Begay, No. 10-2068 (10th Cir.) (631 F.3d 1168) (February 7, 2011) (Judge Mary Beck Briscoe) (p None)

Kiobel v. Royal Dutch Petroleum Co., No. 06-4800-cv (2nd Cir.) (642 F.3d 268) (February 4, 2011) (Per Curiam)

A 5-5 vote by the 2nd Circuit lets stand a precedent-setting decision rejecting corporate (as opposed to natural person's) liabiliity in U.S. courts under the Alien Tort Statute, 28 U.S.C. §1350, for violations of international law in foreign countries.

In Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111 (2d …

U.S. v. Szymanski, No. 09-3524 (6th Cir.) (631 F.3d 794) (February 7, 2011) (Judge Gilbert S. Merritt)

Here the Court reversed both a conviction and sentence for receipt of child pornography after finding, sua sponte, that the defendant was not adequately informed of the nature of the charges against him as required by Rule 11(b)(1)(G) of the Fed.R.Crim.P.

This is an unusual and potentially important child pornography …

U.S. v. Hassock, No. 09-5193-cr (2nd Cir.) (631 F.3d 79) (January 28, 2011) (Judge Roger J. Miner)

Here the Court affirmed the suppression of evidence of a gun found in an apartment, holding that the "knock and talk" search employed in this case was pretextual in nature and “cannot be characterized” as a legitimate protective sweep.

This decision is noted for its discussion of the history and …

National Day Laborer Organizing Network v. U.S. Immigration and Customs Enforcement Agency, No. 10 Civ. 3488 (SAS) (S.D.N.Y.) ( F.Supp.2d ) (February 7, 2011) (Judge Shira A. Scheindlin)

Here Judge Scheindlin held that the Government, when responding to a FOIA request for electronically stored information, must provide the requester with the accompanying “metadata” and “load files” that make that data both searchable and usable.

This is an important Freedom of Information Act (FOIA) opinion in which Judge Scheindlin …

U.S. v. Flyer, No. 08-10580 (9th Cir.) (633 F.3d 911) (February 8, 2011) (Judge Sidney R. Thomas)

For the second time in less than three months, the Ninth Circuit has reversed a child pornography conviction that was initiated by Agent Robin Andrews of the FBI’s Tucson, AZ who apparently spends her entire working days trolling the Internet looking for people who download child pornography.

In the instant …

U.S. v. Begay, No. 10-2068 (10th Cir.) (631 F.3d 1168) (February 7, 2011) (Judge Mary Beck Briscoe)

Here the defendant, Toby Begay, a convicted sex offender, appealed the district court’s modification of the conditions of his supervised release to include clinical polygraph testing. Title 18 U.S.C. § 3583(e)(2) sets forth the conditions and procedures under which a district court may modify conditions of supervised release. Begay argued …