United States Second Circuit - April 2002 Opinion Summaries

CHAPMAN v. CHOICECARE LONG ISLAND TERM DISABILITY PLAN

Administrative Law, ERISA, Health Law, Labor & Employment Law
Where former employee, who was mentally ill, sued benefits plan for judicial review of its denial of her benefits, because the plan did not explicitly...

POLERA v. BOARD OF EDUC. NEWBURGH ENLARGED CITY SCH. DIST.

Administrative Law, Civil Procedure, Civil Rights, Education Law
Because the plaintiff failed to exhaust her administrative remedies under the Individuals with Disabilities Education Act, the district court lacked...

US v. RODRIGUEZ (MIMS)

Criminal Law & Procedure, Sentencing
No plain error occurred under Apprendi by court's misstatement in a plea proceeding as to the location and weight of the burden of proof on a factual...

SEABURY CONSTR. CORP. v. JEFFREY CHAIN CORP.

Contracts
Dismissal of a contract breach action was improper where the district court's interpretation of testing protocol incorporated into a purchase order...

US v. GOMES

Civil Rights, Constitutional Law, Criminal Law & Procedure, Health Law
In ordering that involuntary medication be forcibly administered to a non-dangerous criminal defendant for the purpose of rendering him competent to...

MULVANEY MECH., INC. v. SHEET METAL WORKERS INT'L ASSOC., LOCAL 38

Contracts, Dispute Resolution & Arbitration, Labor & Employment Law
Strong presumption in favor of arbitrability, among other labor law policies, will preclude giving an employer the right to terminate a collective...

US v. RYBICKI

Communications Law, Criminal Law & Procedure
In order to convict defendants of mail and wire fraud based upon a "scheme to defraud", as in 18 U.S.C. section 1346, all that is required is proof 1)...

SEABURY CONSTR. v JEFFREY CHAIN CORP.

Contracts
Dismissal of a contract breach action was improper where the district court's interpretation of testing protocol incorporated into a purchase order...

PHIFER v. CITY OF NEW YORK

Civil Rights, Constitutional Law, Family Law
In action under 42 U.S.C. sections 1981 and 1983 by mother on behalf of herself and her minor daughter for constitutional violations in removing...

R.C. BIGELOW, INC. v. LIBERTY MUT. INS. CO.

Commercial Law, Contracts, Insurance Law, Intellectual Property, Trade Dress
Under Connecticut law, the "advertising injury" provision of liability insurance policy obligated insurer to defend a claim that its insured infringed...