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United States Second Circuit - June 2005 Opinion Summaries

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Description Date Docket #
Boatswain v. Gonzales
United States Second Circuit
Criminal Law & Procedure, Immigration Law 
Denial of plaintiff's application for naturalization as a U.S. Citizen is affirmed where he cannot demonstrate good moral character since he has... 		06/30/2005 03-2524
Chosun Int'l, Inc. v. Chrisha Creations, Ltd.
United States Second Circuit
Copyright, Intellectual Property 
Dismissal of plaintiff's suit for failure to state a viable copyright infringement claim is reversed where the district court failed to conduct a... 		06/30/2005 04-1975
Folksamerica Reinsurance Co. v. Clean Water of N.Y.
United States Second Circuit
Admiralty, Contracts, Insurance Law 
In an insurance contract dispute, the district court erred in concluding that it was without admiralty jurisdiction under 28 U.S.C. section 1333(1)... 		06/30/2005 03-9124
Sorensen v. City of NY
United States Second Circuit
Civil Procedure 
A notice of appeal from a judgment that is favorable to plaintiff does not serve to appeal from a subsequent amended judgment which vacates the prior... 		06/29/2005 00-7076
US v. Bermudez
United States Second Circuit
Civil Procedure 
Criminal Law and Procedure, Sentencing 		06/29/2005 02-1699
Schulz v. IRS
United States Second Circuit
Constitutional Law, Tax Law 
An indictment under 26 U.S.C. section 7210 shall not lie and contempt sanctions under 26 U.S.C. section 7604(b) shall not be levied based on... 		06/29/2005 04-0196
US v. Tesoriero
United States Second Circuit
Constitutional Law, Tax Law 
Criminal Law and Procedure, Sentencing 		06/28/2005 04-2017
Cayuga Indian Nation v. Pataki
United States Second Circuit
Civil Procedure, Indian Law, Property Law & Real Estate, Remedies 
An award to tribal plaintiffs for the late-eighteenth-century dispossession of their land is reversed where plaintiffs' possessory land claim is... 		06/28/2005 02-6111
Nimely v. City of New York
United States Second Circuit
Civil Procedure, Civil Rights, Evidence, Injury & Tort Law 
In a civil rights action alleging excessive force, judgment in favor of defendant-police officer is vacated where the erroneous admission of certain... 		06/27/2005 04-3240
1-800 Contacts, Inc. v. Whenu.com, Inc.
United States Second Circuit
Cyberspace Law, Intellectual Property, Trademark 
Defendant's "pop up" advertisements, which appear on computer screens contemporaneously with the appearance of plaintiff's internet website, do not... 		06/27/2005 04-0026, 04-0446

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