United States Second Circuit - January 2002 Opinion Summaries

ZERVOS v. VERIZON NEW YORK, INC.

ERISA
Where there was sufficient evidence that denial of ERISA benefits was unreasonable, and time was of the essence with respect to plaintiff's treatment,...

WESTINGHOUSE CREDIT CORPORATION v. D'URSO

Commercial Law, Contracts, Property Law & Real Estate
Seller in a real estate transaction is not entitled to satisfy and extinguish a purchase price adjustment, awarded to buyer in arbitration, by...

PHILLIPS v. BOWEN

Constitutional Law, Labor & Employment Law
Where evidence showed a pattern of hurtful actions taken by plaintiff-s employers over a period of several years, a jury reasonably could find such...

US v. FERNANDEZ-ANTONIA

Criminal Law & Procedure, Sentencing, Immigration Law
Where the district court correctly held that the defendant-s removal proceeding was not prejudiced by any procedural inadequacies, defendant could not...

MFS SECS. CORP. v. NEW YORK STOCK EXCH., INC.

Securities Law
Where a terminated member of the NYSE filed suit in the district court alleging antitrust violations, including a group boycott and a lack of process...

LONG ISLAND BD. OF REALTORS, INC. v. INC. VILLAGE OF MASSAPEQUA PARK

Constitutional Law
When a local entity-s regulation of the size, placement, and number of commercial signs placed on residential property, and prohibition of off-site...

J.C. v. REG'L SCH. DIST. 10, BD. OF EDUC.

Attorney's Fees, Civil Procedure, Education Law
In light of the Supreme Court-s rejection of the "catalyst theory" of recovery in Buckhannon Board and Care Home, Inc. v. West Virginia Department of...

ABRAMSON v. PATAKI

Constitutional Law, Labor & Employment Law
Where a memorandum of understanding (MOU) between a number of unions and a State convention center did not guarantee employment or limit the center-s...

SALIM OLEOCHEMICALS v. M/V SHROPSHIRE

Civil Procedure, Dispute Resolution & Arbitration
A dismissal without prejudice in favor of arbitration is an appealable final decision under the Federal Arbitration Act, 9 U.S.C. Section 16.

US v. HAQQ

Criminal Law & Procedure
A suspect does not have a reasonable expectation of privacy in a suitcase that belongs to another person in a home that he shares with the other...