| Description | Date | Docket # |
| BYAM v. BARNHART United States Second Circuit Government Benefits District court erred in granting summary judgment where (1) it failed to recognize and apply the burdens against the moving party, (2) it misapplied... |
03/31/2003 | 01-6195 |
| FERRELLI v. RIVER MANOR HEALTH CARE CTR. United States Second Circuit Civil Procedure, Health Law Federal Rule of Civil Procedure 17(c) does not requires courts to inquire into the necessity of appointing a guardian ad litem absent verifiable... |
03/28/2003 | 00-9515 |
| REID v. HOLMES United States Second Circuit Criminal Law & Procedure, Habeas Corpus, Immigration Law For purposes of 8 U.S.C. section 1101(a)(48)(B), plaintiff was imprisoned for five years despite his having absconded for one day from work release,... |
03/28/2003 | 02-2318 |
| LAWRENCE v. COHN United States Second Circuit Corp. Governance, Corporation & Enterprise Law, Securities Law In action pursuant to Section 10(b) of the Securities and Exchange Act of 1934, plaintiffs have failed to state a claim because they have failed to... |
03/28/2003 | 02-7642 |
| US v. BURGOS United States Second Circuit Criminal Law & Procedure, Sentencing The district court's refusal to depart downward for family circumstances is dismissed for want of jurisdiction. The facts do not support the... |
03/28/2003 | 02-1234 |
| COOK v. NEW YORK STATE DIV. 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... |
03/18/2003 | 00-2642 |
| US v. ESTRADA United States Second Circuit Criminal Law & Procedure, Evidence Where there was sufficient evidence of two distinct conspiracies to distribute illegal drugs, the denial of a motion to dismiss several counts of two... |
03/18/2003 | 02-1173 |
| 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... |
03/18/2003 | 01-6254 |
| IN RE: PENNIE & EDMONDS LLP United States Second Circuit Civil Procedure, Sanctions Where a sua sponte Rule 11 sanction denies a lawyer the opportunity to withdraw the challenged document pursuant to the "safe harbor" provision of... |
03/17/2003 | 02-7177 |
| UNITED FOR PEACE AND JUSTICE v. CITY OF NEW YORK United States Second Circuit Constitutional Law Order denying a permit for a protest march past the United Nations is affirmed where plaintiff has not demonstrated a "clear" or "substantial"... |
03/17/2003 | 03-7130 |