SCHOENEFELD v. SCHNEIDERMAN

Docket No. 11-4283-cv.

821 F.3d 273 (2016)

Ekaterina SCHOENEFELD, Plaintiff-Appellee, v. Eric T. SCHNEIDERMAN, in his official capacity as Attorney General of the State of New York; All Justices of New York Supreme Court, Appellate Division, Third Judicial Department; Robert D. Mayberger, in his official capacity as Clerk of New York Supreme Court, Appellate Division, Third Judicial Department; John G. Rusk, Chairman of the Committee on Professional Standards ("COPS"), Defendants-Appellants, State of New York; New York Supreme Court, Appellate Division, Third Judicial Department; Committee on Professional Standards of New York Supreme Court, Appellate Division, Third Judicial Department and Its Members, Defendants.

United States Court of Appeals, Second Circuit.

Decided: April 22, 2016.


Attorney(s) appearing for the Case

Ekaterina Schoenefeld, Schoenefeld Law Firm LLC, Princeton, NJ, pro se.

Laura Etlinger , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General; Andrea Oser , Deputy Solicitor General, on the brief), for Eric T. Schneiderman , Attorney General of the State of New York, Albany, NY, for Defendants-Appellants.

David B. Rubin, Esq. , Metuchen, NJ, for Amicus Curiae The New Jersey State Bar Association, in support of Plaintiff-Appellee.

Leah M. Nicholls , Brian Wolfman , Institute for Public Representation, Washington, D.C., for Amici Curiae New York-Licensed Nonresident Attorneys, in support of Plaintiff-Appellee.

Judge HALL dissents in a separate opinion.


On this appeal, we must decide whether New York violates the Constitution's Privileges and Immunities Clause, see U.S. Const. art. IV, § 2, by requiring nonresident members of its bar to maintain a physical "office for the transaction of law business" within the state...

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