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United States Second Circuit - November 2000 Opinion Summaries

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Description Date Docket #

JAMES v. NEW YORK RACING

United States Second Circuit
Civil Procedure, Civil Rights, Labor & Employment Law
Summary judgment for employer is appropriate in age discrimination case even if employee can present some evidence of pretext, if evidence is...
11/29/2000 00-7040

DULCE v. DULCE

United States Second Circuit
Civil Procedure
The probate exception that normally denies federal court jurisdiction in probate cases does not preclude such jurisdiction when plaintiff is trying to...
11/21/2000 97-9289

US v. CHAKLADER

United States Second Circuit
Criminal Law & Procedure
Under Fed. R. Crim. P. 35(c), a court may correct a calculation of the underlying sentence by reapportioning the miscalculated portion to the...
11/17/2000 00-1340

COMPAGNIE FINANCIERE v. MERRILL LYNCH PIERCE

United States Second Circuit
Contracts, Securities Law
Contract which allowed broker to release hold on guanantor's collateral stock once creditor recieved "payment in full" from debtor applied when debtor...
11/17/2000 00-7171

US v. KENNEDY

United States Second Circuit
Bankruptcy Law, Criminal Law & Procedure
Concealing assets in a bankruptcy proceeding constitutes a violation of judicial process within the meaning of USSG 2F1.1(b)(4)(B).
11/17/2000 99-1712

FRIENDS OF VAN CORTLANDT PARK v. CITY OF NEW YORK

United States Second Circuit
Environmental Law
New York Court of Appeals certified to determine whether state legislative approval is required for New York City's construction of a water treatment...
11/16/2000 00-6183

LERMAN v. BOARD OF ELECTIONS

United States Second Circuit
Constitutional Law, Elections
Witness residence requirement in Section 6-132 of the New York Election Law significantly burdens interactive political speech and political...
11/16/2000 99-9015

HERRERA v. PATAKI

United States Second Circuit
Criminal Law & Procedure
Plaintiff's failure to respond to defendant's motion to dismiss under Fed. R. Civ. P. 12(b)(6) does not automatically merit dismissal of the...
11/16/2000 00-92

US v. SOM

United States Second Circuit
Criminal Law & Procedure
A court may not impose a sentence enhancement for using a short-barreled rifle during a bank robbery, under 18 USC 924(c), when the plea agreement and...
11/15/2000 99-1278

MASK v. MCGINNIS

United States Second Circuit
Criminal Law & Procedure
State court's conclusion that plaintiff failed to show how his counsel's error could have affected the outcome of his plea agreement is not entitled...
11/15/2000 99-2071

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