Epstein Secrets

ates and could not be held liable for misdelivery of goods. BROOKS v. PENNSYLVANIA R. CO. PO. 199, Docket 21917. United States Court of Appeals Second Circuit. Argued March 13, 1951. Decided March 28,1951. John R. Brooks brought an action against the Pennsylvania Railroad Company for We- delivery of goo

, for defendant-appellant Adrian Garcia. Nancy L. Talner, Seattle, WA, for defendant-appellant Miguel Plascencia-Alvarado. Jeffrey E. Ellis, Law Offices of Ellis, Holmes & Witchley, PLLC, Seattle, WA, for defendant-appellant Ivan TOMS. John L. Lulejian (argued), Assistant United States Attorney,

s, 511 F.3d 289, 301 (2d Cir. 2007) (quoting United States v. Haynes, 398 F.2d 980, 984 (2d Cir. 1968) and United States v. Torres, 128 F.3d 38, 45 (2d Cir. 1997)). All types of bias can properly form the basis to excuse a juror for cause. See id. Thus, the jury selection process should screen for each

98 --- PAGE BREAK --- ARGUMENT I. THE APPLICABLE LAW A prospective juror may be excused for cause based on many forms of bias or partiality. As the Second Circuit has explained, juror partiality can be actual, implied, or inferred: Actual bias is "bias in fact," generally evidenced by "express proof," such as

for individual sequestered voir dire and limited questioning by counsel. Dated: October 13, 2021 Respectfully submitted, /s/ Bobbi C. Stemheim Law Offices of Bobbi C. Stemheim Christian R. Everdell COHEN & GRESSER LLP Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. Attorneys for

00 Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. 150 East 10th Avenue Denver, CO 80203 303-831-7364 Bobbi C. Sternheim Law Offices of Bobbi C. Sternheim 225 Broadway -Suite 715 New York, NY 10007 212-243-1100 Attorneys for Ghislaine Maxwell EFTA00011115 --- PAGE BREAK --- Ca

mandatory a presumption of bias." United States v. Quinones, 511 F.3d 289, 301 (2d Cir. 2007) (quoting United States v. Haynes, 398 F.2d 980, 984 (2d Cir. 1968) and United States v. Torres, 128 F.3d 38, 45 (2d Cir. 1997)). All types of bias can properly form the basis to excuse a juror for cause. See i

d 10/13/21 Page 4 of 17 ARGUMENT I. THE APPLICABLE LAW A prospective juror may be excused for cause based on many forms of bias or partiality. As the Second Circuit has explained, juror partiality can be actual, implied, or inferred: Actual bias is "bias in fact," generally evidenced by "express proof," such as

an, 939 F.3d 182 (2d Cir. 2019), for the proposition that "plea agreements differ from commercial contracts" (Opp. 18), the "differ[ence]" to which the Second Circuit was referring was that in construing a plea agreement, 3 Accuser-2 is identified in the Indictment as Minor Victim-2. 5 EFTA00028888 --- PAGE BR

ns omitted), and the government is held "responsible for imprecisions or ambiguities in the agreement." United States v. Padilla, 186 F.3d 136, 142 (2d Cir. 1999). While the government argues that Annabi relieves it of this responsibility where the "imprecisions or ambiguities" relate to the geographic

hristian R. Everdell COHEN & GRESSER LLP Phone: Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. Phone: Bobbi C. Stemheim Law Offices of Bobbi C. Stemheim Attorneys for Ghislaine Maxwell 18 EFTA00028901 --- PAGE BREAK --- CERTIFICATE OF SERVICE I hereby certify that on March 15,

FIVE AND SIX Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. Christian R. Everdell COHEN & GRESSER LLP Bobbi C. Stemheim Law Offices of Bobbi C. Stemheim Attorneys for Ghislaine Maxwell EFTA00028929 --- PAGE BREAK --- Table of Contents Table of Contents Fable of Authorities ii

that 'implies the duty of establishing and maintaining civilized standards of procedure and evidence.'" United States v. Ming He, 94 F.3d 782, 789 (2d Cir. 1996) (quoting McNabb, 318 U.S. at 340). As the Supreme Court held in United States v. Payner, "Federal courts may use their supervisory power in s

Cir. 2019) (citing Fed. R. Civ. P. 5.2). So, too, has Judge Preska redacted substantial material from the documents she has released on remand from the Second Circuit, again reflecting that Maxwell reasonably relied on the Protective Order. 20 EFTA00028953 --- PAGE BREAK --- reports were replete with misrepre

Jeffrey S. Pagliuca Laura A. Menninger HADDON MORGAN & FOREMAN P.C. Mark S. Cohen Christian R. Everdell COHEN & GRESSER LLP Bobbi C. Stemheim Law Offices of Bobbi C. Stemheim Attorneys for Chislaine Maxwell EFTA00029077 --- PAGE BREAK --- TABLE OF CONTENTS TABLE OF CONTENTS TABLE OF AUTHORITIES ii

rders in civil litigation. Protective orders serve a "vital function" in civil litigation. Martindell v. Intl Tel. & Tel. Corp., 594 F.2d 291, 295 (2d Cir. 1979). They promote "the `secure the just, speedy, and inexpensive determination' of civil disputes, by encouraging full disclosure of all evidence.

rs, and courts strictly enforce them. See, e.g., Stewart v. Hudson Hall LLC, 20 Civ. 885 (SLC), 2020 WL 7239676, at *2 (S.D.N.Y. Dec. 9, 2020) ("In the Second Circuit, there is a strict standard for modification of a protective order entered by a district court." (citation and quotation marks omitted)). This case

Jeffrey Samel Jenner & Block Jones Day K&L Gates Kelley Drye Kirkland & Ellis Kossoff PLLC Labaton Sucharow Landman Corsi Latham & Watkins Law Offices of Montell Figgins Linklaters Loevy & Loevy Martin Pringle Matteuzzi & Brooker Mayer Brown Meitar Merlin Law Group Morrison & Foerster Mukasey

Appeals for the Fifth Circuit U.S. Court of Appeals for the First Circuit U.S. Court of Appeals for the Ninth Circuit U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Seventh Circuit U.S. Court of Appeals for the Sixth Circuit U.S. Court of Appeals for the Third Circuit U.S. Dep

ged a single Herrick Feinstein Hodgson Russ Hogan Lovells Jenner & Block Jones Day Kaplan Fox Kirkland & Ellis Klestadt Winters Kobre & Kim Law Offices of Tim Powers Levi & Korsinsky Linklaters McCarter & English McCulley McCluer McDermott Will Morgan Lewis Norris McLaughlin Orrick Palazzo Law

District of Columbia Circuit U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Ninth Circuit U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Tenth Circuit U.S. Department of Defense U.S. Department of Health and Human Services U.S. Department of Justice

F SPECIFICITY Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. Christian R. Everdell COHEN & GRESSER LLP Bobbi C. Stemheim Law Offices of Bobbi C. Stemheim Attorneys for Ghislaine Maxwell EFTA00028974 --- PAGE BREAK --- The government continues to stonewall Ms. Maxwell's requests f

dates ranges for each count, stretching from approximately four days to four months. These date ranges are well within the boundaries permitted by the Second Circuit and other federal courts, and have been supplemented with additional details provided by the Government Id., at *4 (emphasis added). To date, the o

ter Smith Hunton Andrews Kurth Jackson Murdo Jones Day Keefer Wood King & Spalding Kirkland & Ellis Kobre & Kim Kutak Rock Latham & Watkins Law Offices of Stephan C. Volker Leonard Carder Lewis Brisbois Littler Mendelson Logan Logan & Watson Lucas Magazine Manatt Phelps Markowitz & Richman Mayer

Read full article » Madoff Trustee Fights Bid To Pause Foreign Clawback Ruling The trustee for Bernie Madoffs fraudulent investment firm has asked the Second Circuit not to stay its decision that he can claw back billions in Ponzi scheme proceeds transferred between foreign parties, saying defendants' planned U.