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United States Second Circuit - December 2008 Opinion Summaries

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Description Date Docket #
US v. Spinelli
United States Second Circuit
Criminal Law & Procedure, Sentencing 
Conviction for conspiracy to commit murder and assault with a dangerous weapon, both for the purpose of increasing and maintaining a position in a...
12/31/2008 99-1344, 99-1394
Rice Buick-Pontiac v. Gen. Motors Corp.
United States Second Circuit
Commercial Law, Transportation  (Industry: Manufacturing)
Franchised car dealerships that have consistently submitted claims and accepted reimbursement for automobile warranty repair services at a...
12/29/2008 06-5247
Coalition of Watershed Towns v. EPA
United States Second Circuit
Administrative Law, Civil Procedure, Environmental Law, Government Law  (Industry: Manufacturing)
Towns in a watershed region of New York lack standing to sue the Environmental Protection Agency. In seeking review of two of the Agency's "final...
12/29/2008 07-2449, 07-3912
US v. Hayes
United States Second Circuit
Criminal Law & Procedure, Evidence, Sentencing  (Industry: Manufacturing)
Conviction for possession with intent to distribute cocaine is affirmed over a claim of erroneous denial of a motion to suppress based on assertions...
12/24/2008 07-0063
McCauley v. First Unum Life Ins. Co.
United States Second Circuit
ERISA, Health Law, Insurance Law, Labor & Employment Law  (Industry: Manufacturing)
In a challenge to defendent-insurer's denial of plaintiff's claim for long-term disability benefits, dismissal of plaintiff's complaint is reversed...
12/24/2008 06-5100, 06-5529
Burch v. Pioneer Credit Recovery, Inc.
United States Second Circuit
Government Law, Labor & Employment Law  (Industry: Manufacturing)
In a per curiam decision reviewing claim by plaintiff against defendant-former employer for violation of the Privacy Act by photocopying and otherwise...
12/22/2008 072963
Samuels v. Chertoff
United States Second Circuit
Immigration Law  (Industry: Manufacturing)
In an immigration matter, petition for review of decision ordering deportation and denying petitioner's application for relief pursuant to Immigration...
12/19/2008 052646.
Martinez v. Mukasey
United States Second Circuit
Criminal Law & Procedure, Habeas Corpus, Immigration Law  (Industry: Manufacturing)
Where Petitioner's state drug conviction could have been for nonremunerative transfer of as little as two grams of marijuana, his conviction is the...
12/18/2008 07-3031
US v. Elgindy
United States Second Circuit
Criminal Law & Procedure, Securities Law, Sentencing, White Collar Crime  (Industry: Manufacturing)
In a case where racketeering conspiracists ran a subscription website recommending stock short-sales on the basis of misappropriated information: 1)...
12/17/2008 064081
US v. Bullock
United States Second Circuit
Criminal Law & Procedure, Sentencing  (Industry: Manufacturing)
Conviction and sentence under the Armed Career Criminal Act are affirmed where: 1) none of defendant's prior convictions (all from the 1970's) has...
12/17/2008 07-3059

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