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United States Second Circuit - February 2006 Opinion Summaries

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Description Date Docket #
Wolfert v. Transamerica Home First, Inc.
United States Second Circuit
Banking Law, Civil Procedure, Class Actions, Constitutional Law, Consumer Protection Law, Contracts, Property Law & Real Estate 
Dismissal of a complaint as barred by res judicata arising from a state court judgment approving a class action settlement is affirmed in a case...
02/28/2006 04-5519
Ades-Berg Investors v. Breeden
United States Second Circuit
Bankruptcy Law, Civil Procedure, Contracts 
A judgment dismissing as untimely an appeal from a bankruptcy court order authorizing a bankruptcy trustee to enter into a settlement agreement is...
02/28/2006 05-1141
McClellan v. Smith
United States Second Circuit
Civil Rights, Criminal Law & Procedure, Evidence, Government Law 
Summary judgment and an order denying reconsideration in favor of defendant-police officer in a 42 U.S.C. section 1983 action alleging Fourth...
02/28/2006 04-5996
US v. Fairclough
United States Second Circuit
Criminal Law & Procedure, Sentencing 
District courts do not violate ex post facto principles by applying the remedial holding of Booker, that the guidelines be treated as advisory, to...
02/28/2006 05-2799
Patterson v. Balsamico
United States Second Circuit
Attorney's Fees, Civil Rights, Criminal Law & Procedure, Government Law, Injury & Tort Law, Remedies 
Judgment entered following a jury verdict finding defendant liable for intentional infliction of emotional distress, and for having created a racially...
02/28/2006 05-0888, 05-1073
Colavito v. New York Organ Donor Network, Inc.
United States Second Circuit
Contracts, Health Law, Injury & Tort Law, Professional Malpractice, Remedies 
Summary judgment for defendants in a case arising from defendants' alleged misappropriation of a human kidney directed for transplantation to...
02/24/2006 05-1305
Sequa Corp. & Affiliates v. US
United States Second Circuit
Contracts, Health Law, Injury & Tort Law, Professional Malpractice, Remedies 
Tax Law; Government Law
02/23/2006 04-5714
Sash v. Zenk
United States Second Circuit
Administrative Law, Criminal Law & Procedure, Habeas Corpus, Sentencing 
A holding that calculation of sentencing credit is not "criminal" for purposes of the rule of lenity does not contradict Supreme Court precedent...
02/23/2006 04-6206
Valbrun v. Hogan
United States Second Circuit
Administrative Law, Criminal Law & Procedure, Habeas Corpus, Sentencing 
Immigration Law
02/23/2006 05-3540
Sall v. Gonzales
United States Second Circuit
Administrative Law, Criminal Law & Procedure, Habeas Corpus, Sentencing 
Immigration Law
02/23/2006 03-4840

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