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United States Second Circuit - March 2003 Opinion Summaries

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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

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