Legal Opinion

Doe v. United States

District Court, E.D. New York

Decided May 21, 2015No. 14-MC-1412 (JG)PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

JOHN GLEESON, District Judge:

Jane Doe filed an application on October 30, 2014, asking me to expunge her thir*449teen-year old fraud conviction because of the undue hardship it has created for her in getting — and especially keeping — -jobs. Doe gets hired to fill home health aide and similar positions only to be fired' when her employers learn through subsequent background checks about her conviction. Since the conviction was for health care fraud, it’s hard to blame those employers for using the conviction as a proxy for Doe’s unsuitability.

However, even if one believes, as…

2Cases cited17 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  4. United States v. Thomas Alan SumnerCourt of Appeals for the Ninth Circuit · 2000
  5. United States v. James P. LinnCourt of Appeals for the Tenth Circuit · 1975

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3Cited by7 opinions

  1. Doe v. United StatesCourt of Appeals for the Second Circuit · 2016
  2. United States v. Saena Tech CorporationDistrict Court, District of Columbia · 2015
  3. Doe v. United StatesDistrict Court, E.D. New York · 2016
  4. United States v. NesbethDistrict Court, E.D. New York · 2016
  5. Stephenson v. United StatesDistrict Court, E.D. New York · 2015

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