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United States Second Circuit - February 2003 Opinion Summaries

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Description Date Docket #
NEW YORK PUB. INTEREST RESEARCH GROUP v. WHITMAN
United States Second Circuit
Administrative Law, Environmental Law 
The EPA's decision to approve New York's Title V permit program, as well as its decision not to issue a Notice Of Deficiency as required by the Clean... 		02/28/2003 02-4033, 02-4073, 02-4075, 02-4077
SEC v. BERGER
United States Second Circuit
Civil Procedure, Securities Law 
Where defendant's fraud was primarily perpetrated in the United States, the District Court properly determined that it had subject matter jurisdiction... 		02/27/2003 01-6254
MIRANDA v. BENNETT
United States Second Circuit
Criminal Law & Procedure, Habeas Corpus 
Certificate of appealability held in abeyance while the district court identifies the grounds on which it denied a petition, insofar as it asserted... 		02/27/2003 99-2718
GANDARILLA v. ARTUZ
United States Second Circuit
Criminal Law & Procedure, Habeas Corpus 
Due to lack of clarity as to whether a habeas petition has been rejected for merits-based reasons or for lack of exhaustion, the matter is remanded to... 		02/27/2003 99-2423
US v. GAMMARANO
United States Second Circuit
Criminal Law & Procedure, Sentencing 
Because the revocation of supervised release clearly applied only to defendant's New York conviction and not to the Louisiana conviction, defendant's... 		02/27/2003 02-1499
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... 		02/27/2003 02-9107
RUDENKO v. COSTELLO
United States Second Circuit
Criminal Law & Procedure, Habeas Corpus 
In 16 consolidated habeas appeals under 28 U.S.C. section 2254, because the cases involve petitioners who were convicted of a variety of unrelated... 		02/27/2003 99-2242
MILLER v. WOLPOFF & ABRAMSON, L.L.P.
United States Second Circuit
Attorney's Fees, Debt Collection, Ethics & Professional Responsibility 
Summary dismissal reversed on plaintiff's claim that plaintiffs violated the Fair Debt Collection Practices Act by sending debt collection letters... 		02/26/2003 02-7017
COOK v. NEW YORK STATE BD. OF PAROLE
United States Second Circuit
Criminal Law & Procedure, Habeas Corpus 
State prisoners who wish to mount a federal habeas challenge to the revocation of their parole must do so under 28 U.S.C. section 2254 rather than 28... 		02/26/2003 00-2642
QUEENIE, LTD. v. NYGARD INT'L
United States Second Circuit
Bankruptcy Law, Copyright, Intellectual Property, Remedies  (Industry: Manufacturing)
An award of attorney's fees and punitive damages to defendant upon its successful defense of the plaintiffs' copyright infringement claim is affirmed.... 		02/26/2003 02-7158, 02-7162

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