United States Second Circuit - October 2001 Opinion Summaries

WEEKS v. NEW YORK STATE

Labor & Employment Law
Under Title VII, an allegation that employer discriminated against employee pursuant to "custom and policy" is insufficient to invoke the continuing...

DESANTIS v. COMPUTER CREDIT, INC.

Commercial Law
Under 15 USC 1692g of the Fair Debt Collection Practices Act, a collection letter that states the creditor "insists on" a valid reason for failure to...

DAVIS v. STRACK

Criminal Law & Procedure
Under N.Y. Penal Law 35.15, the duty to retreat under the defense of justification attaches only after the defendant has a reasonable belief that the...

CATSKILL MOUNTAINS CHAPTER OF TROUT UNLIMITED, INC. v. CITY OF NEW YORK

Environmental Law
Under 33 USC 1362(12) of the Clean Water Act, "any addition of any pollutant" includes the transfer of water containing pollutants from one body of...

DOE v. DEPT. OF PUB. SAFETY

Constitutional Law, Criminal Law & Procedure
Connecticut's version of "Megan's Law," Conn. Gen. Stat. 54-250-261, which requires people convicted of designated crimes to register with the State...

SHAIN v. ELLISON

Civil Rights
For purposes of qualified immunity, it was clearly established in July 1995 that corrections officers in a local correctional facility could not...

PERRY v. MCDONALD

Constitutional Law
There is no constitutional right to have a personalized license plate that contains or suggests profanity.

DISTEFANO v. CAROZZI N. AM., INC.

Civil Procedure, Labor & Employment Law
In wrongful termination case, juridiction exists in the state where the employee worked, even if the employer's office and termination occurred in...

IN RE: VISA CHECK/MASTERMONEY ANTITRUST LITIGATION

Antitrust & Trade Regulation, Civil Procedure, Class Actions
Class action certification is appropriate against credit card companies where merchants alleged undue tying of credit and debit card acceptances,...

GRIEVE v. TAMERIN

Civil Procedure, Family Law
District court's determination that Younger abstention doctrine precluded federal court review of state court Hague Convention claim became final when...