deweerth brief

36 results for deweerth brief

  • vLex Rating
  • 38 F.3d 1266 (2nd Cir. 1994), 83127, DeWeerth v. Baldinger

    ...         BACKGROUND.         The facts of this case were fully explicated in the district court's initial DeWeerth opinion, 658 F.Supp. 688 (S.D.N.Y.1987), and only a brief recitation of them will be provided here.         DeWeerth claims that her father purchased the Monet from a Berlin gallery in 1908 and that she inherited the painting after her father's ...

  • 836 F.2d 103 (2nd Cir. 1987), 165, DeWeerth v. Baldinger

    ...         Argued Oct. 26, 1987. .         Leslie Gordon Fagen, New York City (Edward M. Sills, Paul, Weiss, Rifkind, Wharton & Garrison, New York City on the brief), for defendant-third-party-plaintiff-appellant.         Jeremy G. Epstein, New York City (Charles M. Lizza, Kenneth A. Freeling, Robert Y. Lewis, Shearman & Sterling, New York City on the ...

  • Hernandez v. Results Staffing, Inc., 102418 FED5, 17-11201

    ... least one other circuit has squarely addressed this question. In DeWeerth v. Baldinger, 38 F.3d 1266, 1270-71 (2d. Cir. 1994), the court held that a district court ... presenting its case, as contemplated by Rule 60. Additionally, in his reply brief, he contends that. "review of discretionary decisions," such as the. district court's ...

  • Federalism is alive and well and living in New York: Honorable Hugh R. Jones Memorial Lecture.

    ...In a brief memo the Appellate Division, First Department said: . The precedents in this State suggest that ... in hand, Judge Broderick of the Southern District was confronted with the case of DeWeerth v. Baldinger which concerned a dispute over ownership of a painting by Claude Monet that ...

  • 833 F.3d 166 (2nd Cir. 2016), 15-2249-cv, Tapper v. Hearn

    ...          JAMES. BOPP, JR., Randy Elf and Anita Y. Milanovich (on the brief),. The Bopp Law Firm, P.C., Terre Haute, IN, for. Plaintiffs-Appellants. . . ... ”. . . Page 171. . . DeWeerth v. Baldinger, 38 F.3d 1266, 1275 (2d Cir. 1994) (quoting Twelve John Does, 841 F.2d at 1139). ...

  • 119 F.3d 148 (2nd Cir. 1997), 458, McCarthy v. Olin Corp.

    ... .         Leon Segan, New York City (Fred J. Hirsh, New York City, on the brief), for Plaintiffs-Appellants.         Daniel P. Jaffe, St. Louis, MO (Arthur L. Smith, ...         The case of DeWeerth v. Baldinger provides a striking example. In that case, the plaintiff, DeWeerth, had originally ...

  • Tapper v. Hearn, 081016 FED2, 15-2249-cv

    ...           James. Bopp, Jr., Randy Elf and Anita Y. Milanovich (on the brief),. The Bopp Law Firm, P.C., Terre Haute, IN, for. Plaintiffs-Appellants. . . ... of changing conduct or conditions, '" DeWeerth. v. Baldinger, 38 F.3d 1266, 1275 (2d Cir. 1994) (quoting. Twelve John Does, 841 F.2d ...

  • 560 F.3d 22 (1st Cir. 2009), 08-1735, Comfort v. Lynn School Committee

    ...Roughsedge, and Citizens for the Preservation of Constitutional Rights, Inc. were on brief, for appellants.           Maura T. Healey, Assistant Attorney General, with whom Martha ... See Paul Revere, 248 F.3d at 7; DeWeerth v. Baldinger, 38 F.3d 1266, 1276 (2d Cir.1994); Twelve John Does v. Dist. of Columbia, 841 F.2d ...

  • 194 F.3d 922 (8th Cir. 1999), 98-3528, Kansas v. Reimer

    ...Russell filed no brief in the appeal. Because we were obliged to follow Kansas law on the statute of limitations issue, we ...1995), cert. denied, 517 U.S. 1221 (1996); DeWeerth v. Baldinger, 38 F.3d 1266, 1272-74 (2d Cir.), cert. denied, 513 U.S. 1001 (1994); Dowell v. State ...

  • Peavy v. Labor Source, 030817 FED10, 17-3000

    ... Peavy appeared to argue that he should have been able to. revise his opening brief to this court because the district. court clerk had not considered a motion to supplement ... circumstances was not considered by the circuit court,. see DeWeerth v. Baldinger, 38 F.3d 1266, 1270-71 (2d. Cir. 1994). But, as the district court pointed out, ...

  • 248 F.3d 95 (2nd Cir. 2001), 98-9020, Le Blanc v Cleveland

    ...(Todd J. Krouner, Esq., Chappaqua, N.Y. on the brief), for Plaintiff-Appellant.         E. David Duncan, Esq., Albany, N.Y., for ... the movant can demonstrate "extraordinary circumstances" or "extreme and undue hardship." DeWeerth v. Baldinger, 38 F.3d 1266, 1272 (2d Cir. 1994). We have held that Rule 60(b)(6) "should be ...

  • 223 F.3d 32 (2nd Cir. 2000), 99-9357, Goodlett v Kalishek

    ... .         LOUIS R. MARTINEZ (Richard Ritorto, on the brief), Martinez & Ritorto, P.C., New York, NY, for Defendant-Appellant-Cross-Appellee. ... question of state law would be decided by a federal as opposed to a New York state court." DeWeerth v. Baldinger, 38 F.3d 1266, 1273 (2d Cir. 1994). Thus, even assuming both that the New York Court ...

  • 678 Fed.Appx. 780 (10th Cir. 2017), 17-3000, Peavy v. Labor Source

    ... Peavy appeared to argue that he should have been able to. revise his opening brief to this court because the district. court clerk had not considered a motion to supplement ... change in circumstances was not considered by the circuit. court, see DeWeerth v. Baldinger, 38 F.3d. 1266, 1270-71 (2d Cir. 1994). But, as the district court. ...

  • 196 F.3d 409 (2nd Cir. 1999), 98-7876, Martinelli v Bridgeport Roman Catholic

    ...Chopko, Jeffrey Hunter Moon, Washington, D.C. (on the brief), for amici curiae United States Catholic Conference, the Church of Jesus Christ of Latter-Day ... was "apparently mistaken" inlight of subsequent decision by Arkansas Supreme Court); DeWeerth...

  • 69 F.3d 406 (10th Cir. 1995), 94-3412, Wilmer v. Board of County Com'rs of Leavenworth County

    ...Acknowledging that it "was not adequately briefed on appeal," the judge indicated only that he thought the matter should be remanded for ...See, e.g., DeWeerth v. Baldinger, 38 F.3d 1266, 1271 (2d Cir.1994)(law of the case not implicated by denial of motion ...

  • 158 F.3d 631 (2nd Cir. 1998), 98-7642, Gucci America, Inc. v. Gold Center Jewelry

    ...     Milton Springut, Kalow, Springut & Bressler, New York City (Robert Tilewick, on the brief), for Appellants.         Bruce H. Lederman, Lederman Abrahams Lederman and Zarett, LLP, ... 60(b), unless rooted in an error or law, may be reversed only for abuse of discretion.' " DeWeerth v. Baldinger, 38 F.3d 1266, 1272 (2d Cir.1994) (quoting Twelve John Does v. District of Columbia, ...

  • Ascertaining the laws of the several states: positivism and judicial federalism after Erie.

    ...In addition, Part V briefly addresses several potential difficulties that federal courts may encounter in attempting to .... DeWeerth v. Baldinger(246) provides an example. DeWeerth, a citizen of Germany, sued Baldinger, a citizen of ...

  • 26 F.3d 1224 (2nd Cir. 1994), 1124, Andrulonis v. United States

    ...Notably, the Government did not file a certiorari petition on its own behalf, but it filed a brief supporting the NYSDOH. It was the Government's position that this case did not present a "suitable ...We will not reverse the denial of a Rule 60(b) motion absent an abuse of discretion. DeWeerth v. Baldinger, 24 F.3d 416 (2d Cir.1993). Because the NYSDOH's hindsight assessment of its bargain ...

  • Rousset v. Atmel Corp., 051917 FED2, 16-2566-cv

    ... Anne Marshall, on the brief), Pradal & Associates PLLC,. New York, New York. . .          . ... considered and rejected the basis for the movant's Rule. 60(b) motion." DeWeerth v. Baldinger, 38 F.3d. 1266, 1270 (2d Cir. 1994); accord Burrell v. United. States, 467 ...

  • 690 Fed.Appx. 748 (2nd Cir. 2017), 16-2566-cv, Rousset v. Atmel Corp.

    ... FOR APPELLANTS: PHILIPPE JEAN JOSEPH PRADAL (Lauren Anne. Marshall, on the brief), Pradal & Associates PLLC, New York,. New York. . . ... considered and rejected the basis for the movant's Rule. 60(b) motion." DeWeerth v. Baldinger, 38 F.3d. 1266, 1270 (2d Cir. 1994); accord Burrell v. United States, 467 ...

  • 619 F.3d 136 (2nd Cir. 2010), 08-5119-cv, Bakalar v. Vavra

    ... Page 137.           Raymond J. Dowd, (Carol A. Sigmond, Thomas V. Marino, on the brief) Dunnington, Bartholow & Miller LLP, New York, N.Y., for Defendants-Counter Claimant-Appellants. . ...Drum, Comment, DeWeerth v. Baldinger: Making New York A Haven for Stolen Art?, 64 N.Y.U. L.Rev. 909, 944 (1989). Moreover, ...

  • 120 F.3d 361 (2nd Cir. 1997), 1634, Israel v. Carpenter

    ...See DeWeerth v. Baldinger, 38 F.3d 1266, 1272 (2d Cir.1994). An error of law may constitute such an abuse. See ...         Appellant's Brief at 14, 19. Thus Israel is seeking to limit the stipulation of dismissal to its allegedly mutually ...

  • Trujillo v. Williams, 020112 FED10, 11-2177

    ...See DeWeerth v. Baldinger, 38 F.3d 1266, 1271 (2nd Cir. 1994) (noting that "[p]ost-judgment applications to ...Mr. Trujillo's motion to file a reply brief out of time is granted and that reply was considered in reaching this decision. Appellant's motion ...

  • 532 F.3d 592 (7th Cir. 2008), 06-1646, Easley v. Reuss

    ...See DeWeerth v. Baldinger, 38 F.3d 1266, 1274 (2d Cir.1994) (“It is well established in this circuit that ... 922 F.2d 302, 302-03 (6th Cir.1990) (“Generally, an argument not raised in an appellate brief or at oral argument may not be raised for the first time in a petition for rehearing." ); Peter v. ...

  • 147 F.3d 759 (8th Cir. 1998), 97-2121, Stokors S.A. v. Morrison

    ...Lohman, St. Louis, MO, argued (Susan Bradley Buse, St. Louis, MO, on the brief), for Appellant.         James F. Freeman, Kansas City, MO, argued (Thomas M. Moore, ...         (quotations, citations, and alterations omitted); see also DeWeerth v. Baldinger, 38 F.3d 1266, 1275 (2d Cir.1994) (interpreting United States v. Swift & Co., 286 U.S. ...