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United States Second Circuit - January 2003 Opinion Summaries

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Description Date Docket #
US v. CROWLEY
United States Second Circuit
Criminal Law & Procedure, Sentencing 
Evidence was sufficient for a jury to find that defendant took a substantial step towards the completed offense of aggravated sexual abuse, with the...
01/31/2003 02-1381
US v. KEIGUE
United States Second Circuit
Criminal Law & Procedure, Sentencing 
The district court's error, in calculating defendant's offense level using the expired version of the Guidelines in effect on the date the offense was...
01/31/2003 02-1030
DRAKE v PORTUONDO
United States Second Circuit
Criminal Law & Procedure, Evidence, Habeas Corpus 
In a claim for wrongful conviction based on perjured testimony under the Due Process Clause of the Fourteenth Amendment, petitioner made a showing of...
01/31/2003 01-2217
IN RE GRAND JURY SUBPOENAS
United States Second Circuit
Civil Procedure, Ethics & Professional Responsibility, Evidence 
Work product claim, unsupported by any in camera identification or submission of responsive documents, was too conclusory to show a real concern that...
01/29/2003 02-6239
IN RE: U.S. LINES, INC.
United States Second Circuit
Bankruptcy Law, Civil Procedure, Injury & Tort Law 
Bankruptcy court's order, expunging tort claims against debtors for asbestos exposure, is affirmed, as the statute of limitations had expired and...
01/29/2003 01-5076
COVANTA ONONDAGA LTD. v. ONONDAGA COUNTY RESOURCE RECOVERY AGENCY
United States Second Circuit
Bankruptcy Law, Civil Procedure 
Where case was initially removed from state court under 28 U.S.C. section 1452 as related to bankruptcy, then remanded back to state court based on...
01/29/2003 02-9107
VASQUEZ v. PARROTT
United States Second Circuit
Criminal Law & Procedure, Habeas Corpus 
Prisoner's first petition, seeking release from detention due to delay in state appellate review, did not count in determining whether a later...
01/29/2003 02-3610
HIGGINS v. METRO-NORTH R.R. CO.
United States Second Circuit
Injury & Tort Law, Labor & Employment Law 
A co-worker's alleged conduct, which can be imputed to the employer under respondeat superior, was insufficient for an intentional infliction of...
01/29/2003 01-7704
RANKINE v. RENO
United States Second Circuit
Immigration Law 
Congress' repeal of discretionary waivers of deportation does not have an impermissible, retroactive effect when applied to aliens who were convicted...
01/28/2003 01-2135/2483
LC CAPITAL PARTNERS, LP v. FRONTIER INS. GROUP, INC.
United States Second Circuit
Civil Procedure, Insurance Law, Securities Law 
Plaintiffs suing for stock fraud were on inquiry notice, based on evident "storm warnings" and related publicly available documents, that started the...
01/28/2003 02-7155

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