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United States Second Circuit - March 2005 Opinion Summaries

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Description Date Docket #
US v. Rubenstein
United States Second Circuit
Criminal Law & Procedure, Environmental Law, Sentencing 
Defendants' sentence for violating the Clean Air Act is vacated where the district court erred by considering state permitted requirements, that are...
03/31/2005 03-1721
Encyclopaedia Universalis v. Encyclopaedia Britannica, Inc.
United States Second Circuit
Contracts, Dispute Resolution & Arbitration, International Law 
Denial of plaintiff's motion to confirm an arbitration award is affirmed where the appointment of a third arbitrator was premature, and, therefore,...
03/31/2005 04-0288
McCauley v. Trans Union
United States Second Circuit
Civil Procedure, Constitutional Law 
Plaintiff's rejection of an offer of judgment under Fed. R. Civ. P. 68 does not moot the case so that entry of judgment in favor of defendant is...
03/24/2005 04-1386
US v. Lewter
United States Second Circuit
Criminal Law & Procedure 
Defendant's drug conviction is affirmed over his claim that his right to a fair trial was violated by the denial of his request to review his pretrial...
03/24/2005 04-2546
Role v. Eureka Lodge No. 434
United States Second Circuit
Criminal Law & Procedure 
Labor and Employment Law, Workers Compensation
03/23/2005 04-2848
US v. Brown
United States Second Circuit
Criminal Law & Procedure, Sentencing 
The district court abused its discretion by prohibiting defendant, as a condition on probation, from incurring any form of debt without obtaining the...
03/22/2005 04-3137
US v. D'Oliveira
United States Second Circuit
Criminal Law & Procedure, Sentencing 
Defendant's sentence for a drug conviction is reversed in light of US v. Booker, 125 S. Ct. 738 (2005).
03/22/2005 04-2736
Krause v. Titleserv, Inc.
United States Second Circuit
Copyright, Intellectual Property 
In a copyright infringement dispute concerning a computer program, summary judgment in favor of defendant is affirmed where it was entitled to the...
03/21/2005 03-9303
MOSHIER v. US
United States Second Circuit
Copyright, Intellectual Property 
Criminal Law and Procedure, Habeas Corpus
03/17/2005 04-5784, 04-5983
EMPIRE HEALTHCHOICE ASSURANCE CO. v. MCVEIGH
United States Second Circuit
Civil Procedure, Contracts, Government Contracts 
In a contract dispute, plaintiff's petition for rehearing is denied where it has failed to demonstrate "points of law or fact that the court has...
03/16/2005 03-9098

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