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United States Second Circuit - May 2001 Opinion Summaries

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Description Date Docket #

ROBERTS v. KARIMI

United States Second Circuit
Contracts
Where the court arrived at an opinion on the question, and made an adverse finding that is not clearly erroneous, a party is no longer entitled to the...
05/31/2001 00-7193

ZIMMERMANN v. ASSOCS. FIRST CAPITAL CORP.

United States Second Circuit
Civil Rights, Labor & Employment Law
A defendant desiring the protection of the Kolstad affirmative defense, insulating an employer from punitive damages liability if it has made good...
05/31/2001 00-9155

HARRIS v. NIAGRA MOWAK POWER CORP.

United States Second Circuit
Civil Rights, Labor & Employment Law
The proper approach when a court is faced with seemingly inconsistent verdicts is not to credit one finding and vacate the other, but to adopt a view...
05/31/2001 00-7063

POND v. FARM SPECIALIST REALTY

United States Second Circuit
Bankruptcy Law
Chapter 13 debtors can void a lien on their residential property under 11 USC 1322(b)(2) if there is insufficient equity in the residence to cover any...
05/31/2001 00-5022

FIEGER v. PITNEY POWES CREDIT CORP.

United States Second Circuit
Contracts
Situs is only one consideration determining choice of law, and New York's policy interests in regulating New York professionals, combined with...
05/31/2001 00-9050

MCCORD v. AGARD

United States Second Circuit
Bankruptcy Law
Section 550(a)(1) of the Bankruptcy Code does not mandate that a trustee recover from the transferee the fair market value of property that was the...
05/30/2001 00-5051

LANDER v HARTFORD LIFE AND ANNUITY INS. CO.

United States Second Circuit
Securities Law
Variable annuities are "covered securities" as defined by Securities Litigation Uniform Standards Act of 1998, 15 USC 77p & 78bb(f), and preempt...
05/29/2001 00-7849

ISHIHARA CHEM. CO. v. SHIPLEY CO. LLC

United States Second Circuit
Civil Procedure
Under 28 USC 1782, which allows discovery for proceedings in a foreign jurisdiction, disposition of foreign proceeding will make appeals of discovery...
05/29/2001 00-9580(L), 01-7109(XAP)

SEQUA CORP. v. GELMIN

United States Second Circuit
Civil Procedure, Ethics & Professional Responsibility
Under Fed R. Civ. P. 24(a), a discharged lawyer, who has a charging lien against his former client that he believes is in jeopardy by ongoing...
05/24/2001 00-7025

LEWIS v. THOMPSON

United States Second Circuit
Constitutional Law
The Welfare Reform Act of 1996, 8 USC 1601-66, which prohibits female illegal aliens from receiving Medicaid-sponsored prenatal care, is not...
05/23/2001 00-6104

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