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United States Second Circuit - June 2001 Opinion Summaries

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Description Date Docket #

SILVERMAN v. TRACAR, S.A.

United States Second Circuit
Bankruptcy Law
In a Chapter 11 reorganization proceeding, a creditor who fails to appeal a post-confirmation order appointing a trustee is precluded from challenging...
06/28/2001 00-5072

CRUZ v. MILLER

United States Second Circuit
Criminal Law & Procedure
A state court's determination that pointing a gun at a suspect and saying "Police! Don't move! Put your hands up!" is not custody for Miranda purposes...
06/22/2001 00-2005

MANNING v. UTILITIES MUT. INS. CO.

United States Second Circuit
Civil Procedure, Government Benefits
The six-year statute of limitations applicable to private rights of action under the False Claims Act applies to private rights of action under the...
06/20/2001 00-9219

ARAMONY v. UNITED WAY OF AM.

United States Second Circuit
Labor & Employment Law, Tax Law
Replacement Benefit Plan that explicitly provided for contributions to replace benefits lost due to 1982 change to Internal Revenue Code, Section 415...
06/20/2001 00-7146

JOHN HANCOCK LIFE INS. CO. v. WILSON

United States Second Circuit
Dispute Resolution & Arbitration, Securities Law
Customers of a securities seller's "associated person" may compel the security seller into arbitration under NASD Rule 10301(a), even if they are not...
06/18/2001 00-9505, 00-9525

HIZBULLAHANKHAMON v. WALKER

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
Period petitioner spent in solitary confinement without access to legal materials will not equitably toll one year period to file habeas petition.
06/15/2001 00-2493

ZARVELA v. ARTUZ

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
A district judge confronting a mixed petition has discretion either to dismiss the petition, or to dismiss only the unexhausted claims and stay the...
06/14/2001 99-2757

US v. TROPEANO

United States Second Circuit
Criminal Law & Procedure, Evidence
Follow up statement during plea allocution that declarant conspired with more than one person was not sufficiently reliable as a statement against...
06/11/2001 00-1708

US v. SEWELL

United States Second Circuit
Criminal Law & Procedure
Voluntary intoxication does not negate the intent element of a crime of general intent such as bank robbery under 18 USC 2113(a).
06/11/2001 00-1604

LAINFIESTA v. ARTUZ

United States Second Circuit
Criminal Law & Procedure
A court may not force a defendant in a criminal case to settle on just one of his lawyers to examine all the witnesses, but the trial judge's error...
06/08/2001 00-2643

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