Update for 9/1/13:

Unfortunately, the Second Circuit Court of Appeals denied Ellen Mariani’s Petition For Rehearing En Banc of her appeal.  The decision is dated 7/30/13 and it can be read by clicking here.  Ellen and her attorney Bruce Leichty are considering what to do next.  There is a possibility that they will want to pursue a new petition for writ of certiorari to the US Supreme Court.