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United States Second Circuit - December 2004 Opinion Summaries

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Description Date Docket #
PACHECO v. SERENDENSKY
United States Second Circuit
Criminal Law & Procedure, Property Law & Real Estate 
With respect to real property, the use of the term "property" in the criminal forfeiture statute, 21 U.S.C. section 853, refers to defendant's... 		12/29/2004 03-6164
BROWN v. CITY OF S. BURLINGTON
United States Second Circuit
Constitutional Law, Contracts, Labor & Employment Law 
In a suit for wrongful discharge, dismissal of plaintiff's claims is reversed where the district court improperly determined that plaintiff was barred... 		12/29/2004 03-9060
MUNGO v. DUNCAN
United States Second Circuit
Criminal Law & Procedure, Evidence, Habeas Corpus 
Denial of plaintiff's petition for a writ of habeas corpus is affirmed over his challenge that the admission of certain hearsay statements made by the... 		12/28/2004 03-2706
VELTRI v. BUILDING SERVICE 32B-J PENSION FUND
United States Second Circuit
Civil Procedure, ERISA, Labor & Employment Law 
Failure to comply with the regulatory obligation to disclose the existence of a cause of action to a pension plan participant whose benefits have been... 		12/27/2004 03-9287
FILSAIME v. ASHCROFT
United States Second Circuit
Civil Procedure, ERISA, Labor & Employment Law 
Criminal Law and Procedure, Habeas Corpus, Immigration Law 		12/27/2004 03-2221
PORTER v. NEW YORK UNIV.
United States Second Circuit
Civil Procedure, ERISA, Labor & Employment Law 
Civil Procedure, Labor and Employment Law 		12/23/2004 03-7961
NAT'L MARKET SHARE INC. v. STERLING NAT'L BANK
United States Second Circuit
Banking Law, Corp. Governance, Corporation & Enterprise Law 
In a suit for breach of contract, a nominal damages award of $1 is affirmed where, although defendant-bank breached its duty of good faith and fair... 		12/23/2004 04-1206
THE WESTERN MOHEGAN TRIBE AND NATION v. STATE OF NEW YORK
United States Second Circuit
Banking Law, Corp. Governance, Corporation & Enterprise Law 
Indian Law, Property Law & Real Estate 		12/23/2004 04-0449
ARNOLD v. LUCKS
United States Second Circuit
Civil Procedure, ERISA, Labor & Employment Law 
In a suit for pension benefits, the pension benefits plan at issue is an ERISA-protected employee benefits plan, and the district court erred in... 		12/23/2004 04-0313
ESPOSITO v. ASHCROFT
United States Second Circuit
Civil Procedure, ERISA, Labor & Employment Law 
Criminal Law and Procedure, Habeas Corpus, Immigration Law 		12/23/2004 03-2827

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