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United States Second Circuit - October 2008 Opinion Summaries

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Description Date Docket #
Bonime v. Avaya, Inc.
United States Second Circuit
Civil Procedure, Communications Law, Government Law 
In a putative class action alleging violations of the Telephone Consumer Protection Act (TCPA), dismissal of the complaint is affirmed where: 1)... 		10/31/2008 071136
In Re: U.S. Wireless Data, Inc.
United States Second Circuit
Bankruptcy Law, Government Law 
Order of U.S. Bankruptcy Court expunging an "unsecured claim" filed by appellant on the ground that it sought additional compensation for a previously... 		10/29/2008 063449
US v. Zedner
United States Second Circuit
Criminal Law & Procedure 
Appeal from a conviction for attempted bank fraud is dismissed with prejudice over claims of error that: 1) in December 2006, jurisdiction of... 		10/28/2008 070149
Stetzer v. Logistec of Connecticut, Inc.
United States Second Circuit
Administrative Law, Attorney's Fees, Government Law, Judgement Enforcement, Workers' Compensation 
Decision by defendant-Benefits Review Board regarding award of workers compensation under the Longshore and Harbor Workers' Compensation Act, 33... 		10/28/2008 073196
Morrison v. Nat'l Australia Bank, Ltd.
United States Second Circuit
Banking Law, Civil Procedure, Securities Law 
In a securities matter involving defendant-foreign bank, dismissal of claims is affirmed where court did not have subject matter jurisdiction based on... 		10/23/2008 070583
US v. Oberoi
United States Second Circuit
Criminal Law & Procedure 
Conviction for mail fraud and health care fraud is affirmed over claims of error that defendant was denied a speedy trial in violation of the Speedy... 		10/23/2008 044545
Havey v. Homebound Mortgage, Inc.
United States Second Circuit
Government Law, Labor & Employment Law 
Grant of summary judgment in favor of defendants on plaintiff's claims for violation of the overtime provisions of the Fair Labor Standards Act (FLSA)... 		10/22/2008 060978
US v. Kapelioujnvy
United States Second Circuit
Criminal Law & Procedure, Evidence 
Conviction for conspiracy to sell stolen property is reversed where: 1) the government failed to prove that the defendant believed that the stolen... 		10/22/2008 073353
Ross v. Am. Express Co.
United States Second Circuit
Antitrust & Trade Regulation, Banking Law, Civil Procedure, Class Actions, Dispute Resolution & Arbitration 
In an appeal from the district court's holding that defendants-American Express may avail themselves of the arbitration clauses in the cardholder... 		10/21/2008 064598
Catskill Dev., LLC v. Park Place Entm't Corp.
United States Second Circuit
Contracts, Corporation & Enterprise Law, Government Law, Indian Law 
In a claim that defendant tortiously interfered with plaintiff's contractual and business relations with the non-party Mohawk Indian Tribe when it... 		10/21/2008 065860

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