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United States Second Circuit - February 2002 Opinion Summaries

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Description Date Docket #

US v. GUZMAN

United States Second Circuit
Criminal Law & Procedure, Sentencing
An upward departure in sentencing means a departure starting from the guideline provided for the offense of conviction, whether the departure is based...
02/28/2002 00-1804

US v. SCHWARZ

United States Second Circuit
Criminal Law & Procedure
Where there was an unwaivable, actual conflict of interest between defense counsel and one defendant, such that loyalties to another client caused...
02/28/2002 00-1479, 00-1483, 00-1515

DOUGHERTY v. TOWN OF NORTH HEMPSTEAD BD. OF ZONING APPEALS

United States Second Circuit
Constitutional Law, Property Law & Real Estate
The ripeness test enunciated in Williamson County Regional Planning Comm'n v. Hamilton Bank, 473 U.S. 172 (1985), applies to equal protection and due...
02/27/2002 01-7223

JONES v. SENKOWSKI

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
It is error for a district court, in ruling on a petition for habeas relief, to use its discretion to deny an unexhausted claim on the merits when the...
02/22/2002 00-2145

IN RE: DOE

United States Second Circuit
Criminal Law & Procedure, Evidence
The work product privilege bars the compulsion of testimony by an attorney regarding her representation of a client with respect to his past...
02/22/2002 01-6250, 01-6251, 01-6252

CHAMBERS v. TIME WARNER, INC.

United States Second Circuit
Civil Procedure, Cyberspace Law, Entertainment Law, Intellectual Property, Copyright
In deciding the motion to dismiss plaintiff-musicians' copyright claims, it was improper for the district court to consider defendants' affidavits and...
02/22/2002 01-7010

ALLI-BALOGUN v. US

United States Second Circuit
Asset Forfeiture, Criminal Law & Procedure
Where an asset forfeiture is vacated for lack of notice, and the statute of limitations has run against the government, the government may still quiet...
02/22/2002 00-6321

US v. ROOD

United States Second Circuit
Criminal Law & Procedure
The attempted theft of money from an operational, bank-owned and controlled automatic teller machine located in a supermarket violates the federal...
02/19/2002 01-1183

POE v. LEONARD

United States Second Circuit
Civil Rights, Labor & Employment Law
In order for a supervisor to be liable under 42 U.S.C. section 1983, both the law allegedly violated by the subordinate and the supervisory liability...
02/19/2002 00-9024

ROCCO v. NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

United States Second Circuit
ERISA, Labor & Employment Law
Where the conduct complained of occurred prior to the effective date of ERISA, or the conduct occurring after ERISA's effective date was merely the...
02/19/2002 01-7519, 01-7571

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