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The Second Circuit appeared divided Monday over the fate of a lawsuit that says New York City trampled the rights of landlords in a global emergency.
New York City’s quiet financial district, with the World Trade Center rising behind the landmark transit hub dubbed the Oculus, is pictured this past Sunday. (Courthouse News photo/Barbara Leonard)
MANHATTAN (CN) Over a year into a deadly pandemic that made New York City an early hotspot, a group of landlords made to hold off rent collection indefinitely urged the Second Circuit on Monday to revive their case.
“You don’t get to throw out constitutional protections just because there’s an emergency,” said Claude Szyfer, representing Brooklyn landlord Marcia Melendez and others.
run afoul of the Foreign Sovereign Immunities Act.
(Halkbank image via Courthouse News)
MANHATTAN (CN) The Second Circuit appeared unlikely Monday to rule that Turkey’s state-run Halkbank is immune from claims over the same crimes that brought indictments against its executives.
“Since the bank is synonymous with government of Turkey, in your view, I assume the officers of the bank would be, in effect, state officials; Are they state officials?,” U.S. Circuit Judge Jose Cabranes asked an attorney for the bank this afternoon as the Manhattan-based court held remote oral arguments.
“Several of these managers or executives of the bank been indicted,” the Clinton-appointed judge noted. “Has anybody asserted a claim of diplomatic immunity or any sort of immunity that’s ascribable to the government?”
Published date: 13 April 2021 21:22 UTC | Last update: 4 days 6 hours ago
A lawyer for Halkbank has told a US appeals court that an indictment accusing the state-owned Turkish lender of helping Iran evade sanctions should be thrown out because the bank is immune from prosecution.
In oral arguments presented before the 2nd US Circuit Court of Appeals in Manhattan, Halkbank s lawyer Simon Latcovich said the US government had no basis to assert criminal jurisdiction and that the bank was synonymous with the Turkish state for purposes of immunity.
Latcovich asserted the bank has claims to immunity under the Foreign Sovereign Immunities Act (FSIA), which establishes limitations as to whether a foreign country can be charged in a US court.
Perplexing the Second Circuit, a case from last summer over 25% capacity restrictions came up for oral arguments on the same day New York signed off on wedding receptions reopening at 50%.
A couple kiss wearing protective masks on the day of their wedding, April 27, 2020, at the Gerald D. Hines Waterwall Park in Houston. (Marie De Jesus/Houston Chronicle via AP)
MANHATTAN (CN) On the same day that New York Governor Andrew Cuomo announced wedding receptions can resume, a panel of Second Circuit judges wondered why they were hearing a case from last summer in which a wedding was canceled due to Covid-19.