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United States Second Circuit - August 2008 Opinion Summaries

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Description Date Docket #
US v. Stein
United States Second Circuit
Attorney's Fees, Constitutional Law, Criminal Law & Procedure, Securities Law, Tax Law 
Dismissal of indictment of thirteen former partners of the accounting firm KPMG for creating fraudulent tax shelters is affirmed where: 1) the... 		08/28/2008 073042
US v. Whitley
United States Second Circuit
Criminal Law & Procedure, Government Law 
In a criminal law matter, petition for review of decision denying rehearing is denied where the court declined to depart from the literal wording of... 		08/26/2008 06-0131
Fuentes v. Bd. of Education of City of New York
United States Second Circuit
Civil Procedure, Education Law, Government Law 
The question of whether a biological and non-custodial parent of a disabled child has standing to sue under the Individuals with Disabilities Act, is... 		08/26/2008 064715p.pdf
Fidelity and Guaranty Ins. Underwriters, Inc. v. Jasam Realty Corp.
United States Second Circuit
Civil Procedure, Contracts, Injury & Tort Law, Insurance Law 
In an insurance claims case related to a personal injury action, judgment for plaintiff-insurer is vacated and remanded where: 1) the district court's... 		08/26/2008 06-4738, 06-4741
Pinto-Montoya v. Mukasey
United States Second Circuit
Constitutional Law, Evidence, Immigration Law 
Petition to review decision affirming removal to Guatemala is denied where the petitioners' contact with plainclothes immigration officials did not... 		08/26/2008 05-6541
"R" Best Produce, Inc. v. DiSapio
United States Second Circuit
Civil Procedure, Constitutional Law, Contracts, Government Law  (Industry: Food & Beverage, Wholesale)
In a contract dispute brought under the Perishable Agricultural Commodities Act of 1930 (PACA) regarding the sale of fruits and vegetables, order... 		08/26/2008 070954
Williamson v. Recovery Ltd. P'ship
United States Second Circuit
Admiralty, Civil Procedure, Contracts  (Industry: Food & Beverage, Wholesale)
In maritime claim against defendants for alleged nonpayment of contracts, decision in favor of plaintiffs is affirmed where: 1) the contracts between... 		08/22/2008 07-0548
Price v. New York State Bd. of Elections
United States Second Circuit
Constitutional Law, Elections, Government Law  (Industry: Food & Beverage, Wholesale)
In a challenge to state law prohibiting the use of absentee ballots in elections for county committee members brought under the First Amendment, grant... 		08/22/2008 07-5367
Miller v. Mukasey
United States Second Circuit
Immigration Law  (Industry: Food & Beverage, Wholesale)
Petition for review of decision reinstating removal to Jamaica is denied where when an alien chooses not to avail himself of available administrative... 		08/21/2008 06-1680
US v. Amato
United States Second Circuit
Antitrust & Trade Regulation, Criminal Law & Procedure, Evidence, Remedies, Sentencing  (Industry: Food & Beverage, Wholesale)
Convictions and sentences for series of frauds against several states and a corporation are affirmed over claims that the district court erred by: 1)... 		08/21/2008 06-5600, 06-5741, 07-2152, 07-2311

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