Friday, January 19, 2007

Inconsistent 2d Circuit opinions

Although not a new decision, ABL adds this to his online "form file" because it comes in handy every so often. In European Community v. RJR Nabisco, Inc., 424 F.3d 175, 179 (2d Cir. 2005), the 2d Circuit noted that it is "bound by the decisions of prior panels until such time as they are overruled either by an en banc panel of our Court or by the Supreme Court . . . . [with the exception being] where there has been an intervening Supreme Court decision that casts doubt on our controlling precedent."

Sunday, January 14, 2007

Judge Elfvin's 32nd Anniversary on the WDNY

This is the plaque given to Judge Elfvin by his clerks in 2005.

Monday, January 08, 2007

1/8/07 BAEC Federal Practice Committee Meeting

Some of the topics discussed that may be of interest to WDNY practitioners:

* Judge Arcara is speaking on 2/12

* the Committee is debating the need to draft a Local Rule regarding e-discovery

* 2d Cir. amended its Rules so that "unpublished" decisions issued on or after 1/1/07 may be cited as authority

* Committee to explore "town meeting" concept reportedly done in the Rochester Division and that done in D. Mass

Saturday, January 06, 2007

New Attorney Advertising Rules

The New Rules are effective February 1, 2007. A redlined version is available here ( and a synopsis of the Rules is available here (