United States Second Circuit - August 2001 Opinion Summaries

MCGUINNESS v. LINCOLN HALL

Labor & Employment Law
In a Title VII claim, a similarly situated employee needs to have the same supervisor, have worked under the same standards, and have engaged in the...

YOON v. FORDHAM UNIV.

ERISA
New York Civil Practice Law and Rules 3003 may preempt a res judicata claim against a federal ERISA claim after the underlying suit in state court for...

LOLISCIO v. GOORD

Criminal Law & Procedure, Habeas Corpus
After a state court, relying on subjective juror testimony, rejects a defendant's Sixth Amendment claim predicated on jury consideration of...

MORRIS v. REYNOLDS

Criminal Law & Procedure, Habeas Corpus
The Supreme Court has "clearly established" that jeopardy attaches upon a trial court's unconditional acceptance of a guilty plea to the lesser...

LOVEJOY-WILSON v. NOCO MOTOR FUEL, INC.

Labor & Employment Law
Under the ADA, an employee who could not drive due to epilepsy may still be qualfied for a position as assistant store manager, even though the...

HAMILTON v. ACCU-TEK

Injury & Tort Law
Handgun manufacturers do not, under New York law, owe a duty to crime victims to exercise reasonable care in the marketing and distribution of the...

REPUBLIC NAT'L BANK OF NEW YORK v. DELTA AIR LINES

Transportation
Under the Warsaw Convention, failure to designate a place of execution on an airway bill will waive the loss limitation for lost cargo under the...

SPHERE DRAKE INS. LTD. v. CLARENDON NAT'L INS. CO.

Contracts, Dispute Resolution & Arbitration
If a party alleges that a contract is void, rather than voidable, and provides some evidence in support, then the party need not specifically allege...

REGA v. US

Constitutional Law, Criminal Law & Procedure, Habeas Corpus
Where defendant's testimony would have done more damage to his case than it would have helped, he cannot show prejudice under the Sixth Amendment in...

LOCURTO v. SAFIR

Constitutional Law, Labor & Employment Law
Due process is satisfied so long as the government provides a neutral adjudicator at the post-termination hearing for a tenured public employee, and...