United States Second Circuit - September 2001 Opinion Summaries
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| Description | Date | Docket # |
|---|---|---|
US v. SHERPAUnited States Second Circuit
Criminal Law & Procedure, SentencingA court may not make downward departure below the lower limit of the applicable Sentencing Guidelines range for Criminal History Category I on the... |
09/10/2001 | 00-1801 |
RAMIREZ v. ATTORNEY GEN. OF THE STATE OF NEW YORKUnited States Second Circuit
Criminal Law & Procedure, Habeas CorpusHabeas petitioner's letter application to the New York Court of Appeals for leave to appeal for ineffective assistance of counsel under New York state... |
09/10/2001 | 99-2047 |
GARTEN v. KURTHUnited States Second Circuit
Contracts, Dispute Resolution & ArbitrationIn contesting the applicability of arbitration provision where plaintiff alleges fraud in the inducement, threats by the defendant that arbitration... |
09/07/2001 | 01-7379 |
ZHAO v. US DEP'T OF JUSTICEUnited States Second Circuit
Immigration LawUnder the transitional rules of the IIRIRA, failure to identify errors in an Immigration Judge's rulings will result in a motion to reopen hearing... |
09/06/2001 | 00-4022 |
ROMEU v. COHENUnited States Second Circuit
Constitutional Law, ElectionsThe Uniformed and Overseas Citizens Absentee Voting Act and the New York Election Law do not violate the Constitution by extending the right to vote... |
09/06/2001 | 00-6287, 00-6303 |
NAT'L UNION FIRE INS. CO. v. THE STROH COS., INC.United States Second Circuit
Insurance LawThe known loss doctrine will not bar coverage where, prior to coverage, the insured knew of the potential for an accident, but discovered the accident... |
09/06/2001 | 00-7345 |
BENJAMIN v. FRASERUnited States Second Circuit
Civil RightsUnder the Prison Litigation Reform Act, prison plaintiffs need not show "actual injury" in denial of access-to-the-courts and right-to-counsel claims... |
09/05/2001 | 00-9093, 00-9095 |
KALNIT v. EICHLERUnited States Second Circuit
Securities LawUnder 15 USC 78u-4(b)(2) of the Private Securities Litigation Reform Act, an allegation that corporate officers did not disclose the ability of a... |
09/05/2001 | 00-7487 |
SIMON v. GEN. ELEC. CO.United States Second Circuit
ERISAUnder 29 USC 1132(a), an assignee of an assignee is not a "participant" or "beneficiary" of a plan. |
09/04/2001 | 00-9437 |
MARIO VALENTE COLLEZIONI, LTD. v. CONFEZIONI SEMERARO PAOLO, S.R.L.United States Second Circuit
Civil ProcedureForeign parties that sign an agreement for distribution of goods in a particular state may be subject to that state's long arm statute. |
09/04/2001 | 00-9287 |
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