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United States Second Circuit - March 2004 Opinion Summaries

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Description Date Docket #
US v. LIFSHITZ
United States Second Circuit
Constitutional Law, Criminal Law & Procedure, Sentencing 
Though the "special needs" of the probation system are sufficient to justify conditioning defendant's probation on his agreement to submit to... 		03/30/2004 03-1221
CITY OF ROME, NEW YORK v. VERIZON COMMUNICATIONS INC.
United States Second Circuit
Communications Law 
The Telecommunications Act does not preempt the franchise agreement that plaintiff sought to compel defendant to negotiate; accordingly, summary... 		03/25/2004 03-7195
ZHANG v. US DEP'T OF JUSTICE
United States Second Circuit
Communications Law 
Immigration Law 		03/24/2004 02-4395
US v. LAUERSEN
United States Second Circuit
Criminal Law & Procedure, Sentencing 
"Cumulative effects" departures are available to sentencing judges when the addition of substantially overlapping enhancements results in a... 		03/24/2004 01-1526, 01-1600, 02-1338
INT'L BUS. MACHS. CORP. v. LIBERTY MUT. INS. CO.
United States Second Circuit
Injury & Tort Law, Insurance Law 
Defendant has a duty to defend plaintiff in negligence and strict liability tort claims brought by former employees who allegedly contracted cancer by... 		03/19/2004 03-7237
DENIS v. UPSTATE CORR. FACILITY
United States Second Circuit
Criminal Law & Procedure, Habeas Corpus 
The three claims raised by this habeas petition lack merit. 		03/19/2004 03-2358
COMPAGNIE NOGA D'IMPORTATION ET D'EXPORTATION S.A. v. RUSSIAN FED'N
United States Second Circuit
Dispute Resolution & Arbitration, International Law, Judgement Enforcement 
Defendant is not a separate party from the Russian Government for purposes of confirming and enforcing the Swedish arbitral award under the Convention... 		03/16/2004 02-9237, 02-9272
SANDERS v. NEW YORK CITY HUMAN RES. ADMIN.
United States Second Circuit
Civil Rights, Labor & Employment Law 
District court did not err in denying plaintiff's motion for judgment as a matter of law or, in the alternative, for a new trial; she failed to make... 		03/16/2004 02-7624
AMNESTY AM. v. TOWN OF W. HARTFORD
United States Second Circuit
Civil Rights, Criminal Law & Procedure 
Issues of material fact exist as to whether police used excessive force in removing plaintiffs from two anti-abortion demonstrations and arresting... 		03/15/2004 03-7332
E. ARMATA, INC. v. KOREA COMMERCIAL BANK OF NEW YORK
United States Second Circuit
Agriculture, Banking Law, Probate, Trusts & Estates 
Under the Perishable Agricultural Commodities Act (PACA), a bank is not liable to the beneficiaries of a PACA trust for receipt of funds in breach of... 		03/12/2004 03-7038

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