United States Second Circuit - December 2001 Opinion Summaries

GIORDANO v. CITY OF NEW YORK

Labor & Employment Law
Under 42 USC 12102(2)(C) of the Americans with Disabilities Act, a police officer regarded as unable to work as a full-duty patrol officer for a...

MIKES v. STRAUS

Government Contracts, Health Law
Under 31 USC 3729(a) of the False Claims Act, a claim is legally false only where a party certifies compliance with a statute or regulation as a...

KOSAKOW v. NEW ROCHELLE RADIOLOGY ASSOCS., P.C.

Labor & Employment Law
Preliminary time an employee spends before work officially starts may count for the minimum hour requirement for eligibility under 29 U.S.C. -...

US v. GUEVARA

Criminal Law & Procedure, Sentencing
A mandatory minimum sentence, specified in either 21 USC 841(b)(1)(A) or 841(b)(1)(B), cannot mandate a prison sentence that exceeds the highest...

AMAKER v. FOLEY

Civil Procedure
Under Fed. R. Civ. P. 56(e), a court cannot automatically grant a summary judgment motion against a party who failed to file opposition papers, even...

US v. BROADCAST MUSIC, INC.

Intellectual Property, Copyright
A blanket license for music performance with a fee structure that includes reductions (or "carve-outs") to reflect any per piece or direct licenses...

US v. THOMAS

Criminal Law & Procedure
The failure either to charge drug type and quantity in the indictment or to submit the question of drug type and quantity to the jury is subject to...

WINDHAM v. TIME WARNER, INC.

Labor & Employment Law
Evidence that supervisor ignored superior's request to consider all employees in supervisor's department for termination is sufficient to show pretext...

KNIGHT v. STATE OF CONNECTICUT DEP'T OF PUB. HEALTH

Constitutional Law, Labor & Employment Law
Public employees do not have the right to discuss and promote their religious beliefs while working with clients receiving government services.

GOLDEN PACIFIC BANCORP. v. FED. DEPOSIT INS. CORP.

Banking Law
Six-year statute of limitations for unjust enrichment, breach of fiduciary duty, and corporate waste under N.Y. CPLR 213(1), (7), for bank...