JACOBY & MEYERS v. PRESIDING JUSTICES

Docket No. 15-2608 August Term, 2016.

852 F.3d 178 (2017)

JACOBY & MEYERS, LLP, on behalf of itself and all other similarly situated entities authorized to practice law in the State of New York; Jacoby & Meyers USA II, PLLC, Plaintiffs-Appellants, v. The PRESIDING JUSTICES OF THE FIRST, SECOND, THIRD AND FOURTH DEPARTMENTS, APPELLATE DIVISION OF THE SUPREME COURT of the State OF NEW YORK; Eric T. Schneiderman; Diane Maxwell Kearse, in her official capacity as Chief Counsel for the Grievance Committee for the Second, Eleventh and Thirteenth Judicial Districts; Gary L. Casella, in his official capacity as Chief Counsel for the Grievance Committee for the Ninth Judicial District; Gregory A. Green, in his official capacity as Chief Counsel for the Grievance Committee for the Tenth Judicial District; Gregory J. Huether, in his official capacity as Chief Counsel for the Grievance Committee for the Fifth, Seventh and Eighth Judicial Districts; Peter M. Torncello, in his official capacity as Chief Attorney for the Committee on Professional Standards for the Appellate Division of the Supreme Court, Third Judicial Department; Monica Duffy, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 24, 2017.


Attorney(s) appearing for the Case

DOUGLAS GREGORY BLANKINSHIP , Finkelstein, Blankinship, Frei-Pearson & Garber, LLP, White Plains, New York, for Appellants.

ANDREW RHYS DAVIES , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Steven C. Wu , Deputy Solicitor General, on the brief), for Eric T. Schneiderman , Attorney General of the State of New York, New York, New York, for Appellees.

Before: Lynch and Carney, Circuit Judges, and Hellerstein, District Judge.


Through a set of prohibitions of long standing in New York and similar to those widely prevalent in the fifty states and the District of Columbia, the State of New York prohibits non-attorneys from investing in law firms. See generally N.Y. State Bar Ass'n, Report of the Task Force on Nonlawyer Ownership...

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