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United States Second Circuit - March 2001 Opinion Summaries

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Description Date Docket #

US v. McDERMOTT

United States Second Circuit
Criminal Law & Procedure
Evidence that insider passed inside information to lover, who passed the information to third party unbeknownst to the insider, is insufficient to...
03/29/2001 00-1572

US v. ROITMAN

United States Second Circuit
Criminal Law & Procedure
Defendant who agreed to waive right to appeal if sentenced "within or below" sentencing range in plea agreement validly waived his rights even though...
03/28/2001 00-1379

ELEC. CONTRACTORS, INC. v. NAT'L. LABOR RELATIONS BD.

United States Second Circuit
Labor & Employment Law
Employer's admission that it engaged in "commerce" within the meaning of the National Labor Relations Act is sufficient to establish that any unfair...
03/28/2001 00-4161(L), 00-4189(XAP)

LAVIN-MCELENEY v. MARIST COLL.

United States Second Circuit
Labor & Employment Law
Under the Equal Pay Act, 29 USC 206, a prima facie case does not necessarily require plaintiff to show that there was a higher paid male in her...
03/26/2001 99-9324(L), 99-9368(XAP)

FLANIGAN v. GEN. ELEC. CO.

United States Second Circuit
ERISA
Under 29 USC 1104(a)(1), an acquiring company owes no fiduciary duty to employees that left the acquired company before the acquisition.
03/26/2001 00-7569(L), 00-7570(CON)

US v. FERGUSON

United States Second Circuit
Criminal Law & Procedure
Evidence that defendant was an outside hit man who did not belong to or seek to join a street gang is insufficient to support a guilty verdict for...
03/23/2001 99-1262(L), 99-1302, 99-1322, 99-1324, 99-1398

DOMOND v. IMMIGRATION AND NATURALIZATION SERV.

United States Second Circuit
Immigration Law
Section 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996, 8 USC 1227, retroactively eliminates eligibility for a hearing pursuant...
03/23/2001 99-2619

US v. DHINSA

United States Second Circuit
Criminal Law & Procedure
Fed. R. Evid. 804(b)(6), which prohibits a defendant accused of killing a witness from making a hearsay objection to dead a witness' statements, is...
03/21/2001 99-1682

CARMONA v. US BUREAU OF PRISONS

United States Second Circuit
Criminal Law & Procedure
A federal prisoner who defaults in pursuit of his administrative remedies will also be denied habeas review absent a showing of cause and prejudice...
03/20/2001 00-2316

BIANCO v. ERKINS

United States Second Circuit
Bankruptcy Law, Civil Procedure
Bankruptcy courts confronting state law claims that do not implicate federal policy concerns should apply the choice of law rules of the forum state.
03/19/2001 00-5039

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